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Regular Meeting
Berkeley USD
October 20, 2021 5:30PM
ZOOM

1. Call to Order - 5:30 PM
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. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.2.1. Unrepresented Employees (on-schedule, one-time, benefits)
3.3. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to § 54956.9(b): (One case)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of October 20, 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:             October 20, 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 10.20.21
Classified Personnel Report 10.20.21
11.2. Approval of ESSER III Expense Plan (Technical requirement for reporting on previous Board-approved COVID expenses)
Quick Summary / Abstract:

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        October 20, 2021
SUBJECT: ESSER III Expenditure Plan

 

BACKGROUND INFORMATION: This is a routine action for the board to approve the ESSER III expenditure plan. Each local educational agency (LEA), including the Berkeley Unified School District, that receives Elementary and Secondary Emergency Relief (ESSER) funds under the American Rescue Plan (ARP) Act is required to develop a plan for how they will use ESSER III funds to address students’ needs. A minimum of 20 percent of the LEAs ESSER III funds must be directed towards addressing lost instructional time.

The ESSER III Expenditure Plan contains:

  • A summary of expenditures aligned to Strategies for Continuous and Safe In-Person Learning, Addressing Lost Instructional Time, and the Use of Any Remaining Funds;

  • A description of community engagement efforts and the way in which the plan was influenced by this input;

  • Specific actions to be implemented and the planned ESSER III funded expenditures associated with each action;

  • A description of progress monitoring activities to ensure that actions are addressing student needs.

POLICY/CODE (if any): None

FISCAL IMPACT: Berkeley Unified School District has been allocated $5,264,311 in federal ESSER III funding.


RECOMMENDATION: Approve the ESSER III expenditure plan


Financial Impact:
 
Recommended Motion:
 
Attachments:
2021 ESSER III Expenditure Plan
11.3. Approval of Resolution 22-009 Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom Dated March 4, 2020, and Authorizing Remote Teleconference Meetings for the Period November 1, 2021 through November 30, 2021
Attachments:
Resolution 22-009
11.4. Approval of Budget Development Calendar for 2022-23 Budget Adoption
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            October 20, 2021
SUBJECT:     Approval of Budget Development Calendar for 2022-23 Budget Adoption

BACKGROUND INFORMATION:
It is customary to approve a budget development calendar, which calls out the significant milestones during the development of the budget. Staff has prepared the attached budget development calendar and is submitting it for Board approval. Staff will update the Budget Calendar for the Board if there are significant changes made to the proposed timelines.

The dates included in the budget calendar can always be moved earlier if the various committees are ready for staff to present their recommendations. The dates cannot be moved back due to the statutory deadlines for LCAP and approval of the adopted budget. The only committee meeting dates listed are critical dates for actions required to ascertain key information and data for the adopted budget.  In addition, all committee meeting dates for P & O (BSEP), parent advisory committee (PAC) and education advisory committee (EAC) are included in the budget calendar.

POLICY/CODE:
FCMAT Financial Management Standard 6.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the 2022-23 Budget development calendar 

 
Attachments:
Budget Development Calendar
11.5. Approval of Fiscal Warrants for September 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:            October 20, 2021
SUBJECT:     Approve Listing of Fiscal Warrants issued in September 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:
$5,525,052.97 
for the month of August 2021 from various funds.  

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         October 20, 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.Center For Early Intervention on Deafness (CEID), to provide NPS services for five Special Ed students. The cost will not exceed $11,030.73. To be paid from Special Ed Funds. Requested by Shawn Mansager.

2.Ester B Clark School at The Children’s Health Council, to provide NPS services for one Special Ed student. The cost will not exceed $79,205. To be paid from Special Ed Funds. Requested by Shawn Mansager.

3.Star Academy, to provide NSP services for one Special Ed student. The cost will not exceed $77,799. To be paid from Special Ed Funds. Requested by Shawn Mansager.

4.Anne MacMillian, to provide Educational Audiology Services and Hearing Assistance Technology to BUSD Special Ed Department. The cost will not exceed $44,800. To be paid from Special Ed Funds. Requested by Shawn Mansager.

5.Museum of Children's Art to provide fundamental visual arts skills for students at Ruth Acty Elementary schools for the period from 9/15/21 - 6/3/22. The cost will not exceed $14,000. To be paid from PTA Donations. Requested by Mary Cazden.

6.Resubmitting due to budget change; Berkeley Public Schools Fund, to provide Ed Hub staffing for one person for the 2020/21SY. The cost will not exceed $30,000. To be paid from one time Technology Funds.Requested by Pauline Follansbee.

7.Keenan Safe Schools Online Training, to provide an online training platform for the District for the period from 07/1/21 - 6/30/22. The cost will not exceed $30,000. To be paid from Professional Development Funds. Requested by Paula Phillips.

8.Advanced Trenchless, to replace the collapsed sewer line at Berkeley Adult School. The cost will not exceed $35,425. To be paid from Measure H.Requested by John Calise.

9.Mills Teacher Scholars to provide professional development consultation for Visual & Performing Arts Department for the period from 8/15/21 - 6/30/22. The cost will not exceed $16,000. To be paid from BSEP Fund. Requested by Peter Gidlund.

10.Ratification of contract with Anna Rainer to provide visual art integration coaching at Oxford Elementary School for the period from 9/8/21 - 6/30/22. The cost will not exceed $29,428. To be paid from Oxford PTA Funds, BSEP and VAPA Arts Anchor Grant. Requested by Peter Gidlund.

11. Be the Change Consulting, to provide social emotional training to LEARNS and BEARS staff for the period from 10/11/21 - 6/30/22. The cost will not exceed $35,000. To be paid from Professional Development Funds. Requested by Paula Phillips.


POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

 

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


 
11.7. Approval of Payroll Warrants Issued in September 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO: Brent Stephens, Ed.D., Superintendent

FROM: Pauline Follansbee, Assistant Superintendent 

DATE:        October 20, 2021

SUBJECT: Approval of Payroll Warrants Issued in September 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 September 2021.


POLICY/CODE

Educational Code 41010 et seq.


FISCAL IMPACT

$9,125,775.79, for September 2021 from various funds. 


STAFF RECOMMENDATION

Approve payroll payments made in September 2021.


 
11.8. Accept the Completion of the Transportation Department Electric Vehicle Chargers Project and Approve Resolution Number 22-013
Rationale:

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities 
DATE:  October 20, 2021
SUBJECT:  Accept the Completion of the Transportation Department Electric Vehicle Chargers Project and Approve Resolution Number 22-013

BACKGROUND INFORMATION
On May 6, 2020, the Board awarded a contract with Ray’s Electric, Inc. to provide infrastructure for eight new electric busses received through a grant from Bay Area Air Quality Management District.  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 AA bond funds.  The project had change orders in the amount of 2%.   These change orders were all related to additional scope changes.  

STAFF RECOMMENDATION
Accept the project as complete and approve resolution number 22-013


 
Attachments:
Resolution 22-013
11.9. Accept the Completion of the West Campus Capacity Project and Approve Resolution Number 22-014
Rationale:

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities 
DATE:  October 20, 2021
SUBJECT:  Accept the Completion of the West Campus Capacity Project and Approve Resolution Number 22-014

BACKGROUND INFORMATION
On May 8, 2019, the Board awarded a contract with Arntz Builders, Inc. to provide upgrades to the West Campus site.  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 47%.  A futility resolution was approved by the Board on May 6, 2020. These change orders were all related to unforeseen conditions and additional scope changes.  

STAFF RECOMMENDATION
Accept the project as complete and approve resolution number 22-014


 
Attachments:
Resolution 22-014
11.10. Accept the Completion of the Energy Service Contract with Syserco Inc. for the Heating Controls Project at Three sites and Covered Under Proposition 39 and Approve Resolution Number 22-016
Rationale:

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities 
DATE:  October 20, 2021
SUBJECT:  Accept the Completion of the  Energy Service Contract with Syserco Inc. for the heating controls project at three sites and covered under Proposition 39 and Approve Resolution Number 22-016

BACKGROUND INFORMATION
On May 8, 2019, the Board awarded a contract with Syserco, Inc. under the District’s Energy Efficiency Expenditure Plan approved by the California Energy Commission. Projects proving energy efficiency were identified at the Adult School, King Middle School, Berkeley High School D&E Buildings that included the replacement of the heating controls. 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 Prop. 39 and  Measure H Parcel Tax funds.  The project had 11% change orders in addition to the contract. A futility resolution was approved by the Board on June 9, 2021. These change orders were all related to unforeseen conditions and additional scope changes.  

STAFF RECOMMENDATION
Accept the project as complete and approve resolution number 22-016


 
Attachments:
Resolution 22-016
11.11. Approval of Contract for Architectural Bridging Services with Watry Design, Incorporated for the Berkeley High School Parking and Tennis Project
Rationale:

                                                                                                                                                                      BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       October 20, 2021    

SUBJECT: Approval of Contract for Architectural Bridging Services with Watry Design, Incorporated for the Berkeley High School Tennis and Parking Project


BACKGROUND INFORMATION  

On September 8, 2021, Berkeley Unified School District issued a request for proposals from the previously approved Architectural pool, the previously approved Parking Consultants and one additional firm.  On September 29, 2021, the District received five proposals for Architectural Bridging services for the Berkeley High School Parking and Tennis Project.  Of the five proposals, three were selected to be interviewed.   Watry Design, Incorporated was selected as the best Architect in response to the RFP. This contract is for $534,295 to provide Architectural Bridging Services for the Berkeley High School Parking and Tennis Project.  

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $534,295 to be paid from Measure G Bond Funds.  All costs are contained within the Measure G project budget.

RECOMMENDATION

Approve Contract with Watry Design, Incorporated for Programming and Architectural services for the Berkeley High School Parking and Tennis Project.




 
11.12. Approval of Shoreline Environmental Resources, Inc. Contract Modification #1 for Plant-Ops Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       October 20, 2021    

SUBJECT: Approval of Contract Modification 1 with Shoreline Environmental Resources, Inc. for Plant-Ops Health, Safety and Environmental Project



BACKGROUND INFORMATION 

The Board approved a project budget for the Plant Ops Safety, Health and Environmental Project on May 19, 2021 in the amount of $3,000,000. The existing paving and building facade are deteriorated and are in need of repair. While repaving will also permit a more efficient parking layout to accommodate District service vehicles, the  primary factor for this scope is to address compliance issues with drainage and governing requirements.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $52,820 to be paid from Measure I Bond Funds for a total contract amount of $331,995.  All costs are contained within the project budget.

RECOMMENDATION

Approve Contract Modification #1 with Shoreline Environmental Resources, Inc. for additional environmental services for the Plant-Ops Health, Safety and Environmental Project.


 
11.13. Approval of Measure G Program Budget Adjustments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: October 20 ,2021

SUBJECT: Facilities Plan Modifications:  Measure G Program Budget Adjustments


PURPOSE  

To ensure that the Measure G Program Budgets are updated and reflect current project funding requirements and current program revenue projections.  

BACKGROUND  

The Board approved the last Measure G Allocation Plan budget on September 8, 2021.  At this time, it is appropriate to consider the following additions to the Measure G program budget.  Below is a high level overview of the projects that are  proposed by staff and have been vetted by the Facilities Subcommittee.   The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure G Program Budget worksheet.   

  1. Create a project budget for the District-Wide Energy Efficiency and Systems Upgrade Project.  This project will address aging equipment and controls and upgrade and replace these systems with new energy efficient equipment.  This project is being cross funded between Measure G and PG&E’s On Bill Financing (OBF) Program.  The OBF Program is a 0% loan generated by PG&E that is refunded by transferring the energy savings to loan repayment.  PG&E has verified and validated the data that guarantees this loan will be paid off in less than 10 years and is cost neutral at today’s energy rates.  The lifespan of the equipment is estimated at 25 years with an Return on Investment of 11.5 years.

PG&E OBF Funding is estimated to be $3,652,254
Measure G Contribution to be $2,160,029

RECOMMENDATION 

Approve the adjustments as published on the Measure G Program Budget Summary Worksheet  

FISCAL IMPACT

Cost Neutral All costs are contained within Measure G.

RELATED PAST BOARD ITEMS  

None



 



 
Attachments:
Measure G Program Budget Summary
11.14. Approval of Revised Gann Limit Resolution 21-004
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D. Superintendent 
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:           October 20, 2021
SUBJECT:    Approval of Revised Gann Limit Resolution 21-004

BACKGROUND INFORMATION:
Education Code Sections 1629 and 14132 specify that by September 30, county office and district governing boards shall adopt a resolution identifying their estimated appropriations limits for the current year and their actual appropriations limit for the preceding year. The documentation supporting the adopted resolution shall be made available to the public.

Gann Limit Calculation submitted with the 2021-22 Adopted Budget included data for the prior year and for FY 2020-21 and 2021-22 does not have any direct effect on the funding of the District.

The attached Resolution and Calculations (included in the 2020-21 Unaudited Actuals under separate cover) will be submitted to the Alameda County Office of Education for transmittal to the California Department of Education.

POLICY/CODE:
Education Code Sections 1629 and 14132
Government code Section 7906(f).

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Revised Gann Limit Resolution 21-004

 
Attachments:
REVISED GANN LIMIT 21-004
Revised Gann Limit 21-004
11.15. 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 20, 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

A Better Chance School

4

$312,833.10

Total

4

$312,833.10


POLICY/CODE

Education Code 56034,56366


FISCAL IMPACT

Not to exceed $312,833.10 funded from the Special Education Budget which may require an additional contribution from the General   Fund.


STAFF RECOMMENDATION

Approve  the  Master Contract for the  Nonpublic  School listed above.

 
11.16. Berkeley High School Consent Education
Rationale:

 

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:                  BUSD School Board

FROM:             Claudia González

DATE:              October 20, 2021

SUBJECT:         Berkeley High School Consent Education

 

BACKGROUND:

Shafia Zaloom recently provided consent Education presentations to the staff of Berkeley High School during our staff development day on October 11, 2021.  The proposed contract is for the remainder of the proposed dates and events that Shafia will participate in related to consent education for BHS staff, students, and families. A detailed outline of the proposal is found below:

 

Topic/Activity

Timeline/Dates

Duration

(# of Hours)

Cost

Focus Groups (Student, Staff, Parents)

Before assemblies

5 (we had emailed $300/hr for the pilots)

$1500.00

9th Grade Assembly (groups of 250-300)

10th Grade Assembly (groups of 250-300)

9th grade: November 4th

10th grade: November 4th

6 (1 day) + prep

$5,000.00

9th Grade Small Groups

Semester 2 (January -May)

1 day per week (6 periods per day) until we reach all classes (roughly 27 sections)

Approx 4 days @ $5,000/day=

$20,000.00

10th Grade Small Groups

Semester 2 (January -May)

1 day per week (6 periods per day) until we reach all classes (roughly 27 sections)

Approx 4 days @ $5,000/day=

$20,000.00

11th Grade Assembly (groups of 250-300)

12th Grade Assembly (groups of 250-300)

11th: October 28th

12th: October 26th

6 (1 day) + prep

$5,000.00

11th Grade Small Groups

Semester 2 (January -May)

1 day per week (6 periods per day) until we reach all classes (roughly 27 sections)

Approx 4 days @ $5,000/day=

$20,000.00

12th Grade Small Groups

Semester 2 (January -May)

1 day per week (6 periods per day) until we reach all classes (roughly 27 sections)

Approx 4 days @ $5,000/day=

$20,000.00

Video/Script consultations with BIHS Sexual Harm Reduction Team

2 per month starting August 1 (send to Shafia the month prior at least two weeks before video is set to premiere)

Zoom plus written feedback

$5,400 ($300/hr for 2 hours per month Sept-May)

Facilitate meetings with BHS Peer Consent Education Team (small group planning)

Meeting cycle of 3 Zooms and then an in-person lunch

(Tuesday afternoons September - January)

$300/hr for Zoom 1/week x 17 weeks = $5,100

(and in-person lunch included in an on-campus day)

Parent Consent Ed Training

October 5th and 7th 7-8:30pm

2 evenings (one in person one on Zoom)

1.5 hrs in person= $2000.00

Zoom: $1500.00

Book Club for Parents

Spring Semester

May 4th or 11th

Letter to frame the read and then 1.5/2 hr session

1.5 hrs in person= $2000.00 OR

Zoom: $1500.00

Student Consultations

Throughout the school year (bank of hours to use as needed)

Two hours per month from October (16 hours)

16 hours x $300/hr = $4,800

RECOMMENDATION:

Shafia Zaloom has been selected as the consent education provider for Berkeley High School and we recommend that her contract be approved by the Board .

FISCAL IMPACT:

The funding source for this contract will be BSEP funds that were allocated for consent education in years 2020-21 and 2021-22. The maximum cost will be between $105,000 -$109,800, depending on the number of student consultation hours used.

 

 
12. Discussion Items
12.1. Update on Sexual Harassment Prevention Efforts: BHS Consent Education and Green Dot Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: October 20, 2021

Re: BHS School Wide Consent Education

 

In this presentation, BHS Dean of Students Claudia Gonzalez will share with the Board of Education current work with BHS students related to consent education and sexual harm reduction. The presentation will feature a description of the student-led Sexual Harassment Advisory Committee (SHAC), and school wide educational activities, including staff training, led by consent educator Shafia Zaloom.

 

This presentation is planned to be the first of two in the Fall semester. A second presentation on sexual harassment prevention is tentatively scheduled for November 3. This presentation will include an update on consent education in the BHS U9 program; an introduction to Coaching Boys Into Men; and an update on the district's Title IX Office, including a review of case data for the 2020-2021 school year and the first quarter of the 22-23 school year.

 
Attachments:
BHS Consent Education Presentation, October 20, 2021
12.2. Update on Berkeley High School Master Schedule for 22-23: Community Engagement Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: BHS Master School Change Community Engagement Process

Date: October 20, 2021


In this presentation to the Board of Education, Mr. Juan Raygoza, principal of Berkeley High School, and Mr. Harrison Blatt, Vice Principal, will describe the features of a draft plan for engaging the BHS community in discussions about a revision to the current high school master schedule for the 2022-2023 school year. The presentation will describe steps in the coming five months to engage students, parents, and staff in discussion about a possible change from the school’s current six-period-per-day schedule to a “modified block” schedule that consists of six class per term, but with longer periods per day on four day of the week.


The draft engagement plan is attached to this item, as is the presentation for this evening. The plan describes the period from October, 2021 - June, 2022.


This presentation is scheduled as a discussion item.


 
Attachments:
BHS Bell Schedule Redesign, Community Engagement Plan DRAFT, October 10, 2021
Presentation: BHS Master Schedule Change, Community Engagement Process, October 20, 2021
12.3. First Reading of Climate Literacy Resolution, 22-010
Quick Summary / Abstract:

Rationale:

TO:      Dr. Brent Stephens, Superintendent and School Board of Directors

FROM:   Rubén Aurelio, Associate Superintendent
DATE:        October 20, 2021
SUBJECT: Climate Literacy Resolution, First Reading

 

BACKGROUND INFORMATION: 
The Educational Services team in partnership with School Director Laura Babitt, community members, students, and staff are proposing the board adopt the following Climate Literacy Resolution as part of the district’s effort in educating our students to be change agents and future leaders. Attached you will find the complete language of the resolution and fiscal analysis for implementation.

 

POLICY/CODE (if any):

FISCAL IMPACT: approximately $221,600 over three years


RECOMMENDATION: Inform staff of possible adjustments for a return as an action item in a future meeting.


 
Recommended Motion:



Attachments:
BUSD Climate Resolution, First Reading, October 20, 2021
Climate Literacy Resolution PPT
Fiscal Analysis of BUSD Climate Literacy Resolution, October 20, 2021
13. Public Hearing/Action
13.1. Public Hearing to Award Contract Under Government Code 4217
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: October 20, 2021

SUBJECT: Public Hearing on Proposed Energy Service Contract with Syserco, Inc. for District-Wide Energy Efficiency Project

BACKGROUND INFORMATION

District staff seeks to enter into an Energy Service Contract with Syserco, Inc. (“Syserco”), where Syserco proposes to design, install, and implement certain energy conservation measures on a District-wide basis including, without limitation, work involving LED lighting and controls retrofit, new building automation controls and motor replacement at Berkeley High School, transformer upgrades, refrigeration controls, hydronic system thermal efficiency, building envelope, HVAC coil rejuvenation, and refrigerant system optimization, HVAC unit replacement, water efficiency measures, and controls upgrade at Oxford Elementary School (“Project”). 

Before entering into an energy service contract, Government Code section 4217.12 requires the Board to hold a public hearing at its regularly scheduled Board meeting to determine whether the Project and the proposed energy service contract is in the best interests of the District.  The energy cost savings analysis for the Project, provided by Syserco and reviewed by District staff, shows that the Project will be cost neutral at year 9.5 and achieve net savings in years 10 to 25. As required by statute, on October 6, 2021, at least two weeks prior to the regularly scheduled public meeting, District staff posted the notice of its intent to conduct a public hearing.

The purpose of this agenda item is for the Board to conduct a public hearing to provide an opportunity for public comment on the proposed Project and on the question of the District entering into an Energy Service Contract. 

POLIY/CODE

Government Code section 4217.10 et seq.

FISCAL IMPACT

The public hearing itself has no associated cost, but the total project cost is expected not to exceed $5,588,733.

STAFF RECOMENDATION 

Staff requests and recommends the Board conduct the public hearing to provide an opportunity for public comment on the Project and on the question of the District entering into an Energy Service Contract with Syserco.


 
13.2. Approve Contract to Syserco for Various Projects: Infrastructure, Software and Hardware Upgrades, Multiple Locations (Funded project through On Bill Financing & Fund 21/Measure G)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: October 20, 2021

SUBJECT: Approve Resolution No. 22-015 to Make Findings to Authorize Entering into an Energy Service Contract with Syserco, Inc. for District-Wide Energy Efficiency Project

BACKGROUND INFORMATION

The purpose of this agenda item is for the Board to consider adoption of Resolution No. 22-015 to make findings that entering into an Energy Service Contract with Syserco, Inc. (“Syserco”) is in the best interests of the District. Under the draft Energy Service Contract, Syserco proposes to design, install, and implement certain energy conservation measures on a District-wide basis including, without limitation, work involving LED lighting and controls retrofit, new building automation controls, and motor replacement at Berkeley High School, transformer upgrades, refrigeration controls, hydronic system thermal efficiency, building envelope, HVAC coil rejuvenation, and refrigerant system optimization, HVAC unit replacement, water efficiency measures, and controls upgrade at Oxford Elementary School (“Project”). The energy cost savings analysis for the Project, provided by Syserco and reviewed by District staff, shows that the Project will be cost neutral at year 9.5 and achieve net savings in years 10 to 25.

In accordance with Government Code section 4217.12, the Resolution finds that, based on available information, the cost of the project will be offset and will be less than the anticipated marginal cost to the District of electrical or other energy that would have been consumed by the District if such Project was not completed, and that it is in the best interests of the District to enter into an Energy Service Contract with Syserco for the Project. 

POLICY/CODE

Government Code section 4217.10 et seq.

FISCAL IMPACT

The total hard costs related to this project are expected not to exceed $5,588,733.  This project will be cross-funded by the OBF program sponsored by PG&E and Measure G.
PG&E OBF Funding is estimated to be $3,652,254
Measure G Contribution to be $2,160,029
The total Project budget including all hard and soft costs is 5,812,283.  

STAFF RECOMMENDATION

Staff requests and recommends the Board approve Resolution No. 22-015 to Make Findings to Authorize Entering into an Energy Service Contract with Syserco, Inc. for District-Wide Energy Efficiency Project. At a later meeting, staff will present to the Board the final negotiated Energy Service Contract with Syserco for Board ratification and approval.


 
Attachments:
Resolution 22-015
14. Information Items
14.1. Diversity and Retention of Teachers Report
Rationale:

To: BUSD Board of Education

From: Samantha Tobias-Espinosa, Assistant Superintendent

Date: October 20, 2021

Re: Certificated Hiring Diversity Update


The chart below presents information related to the diversity of those hired into certificated positions from 2015 to the current school year. 


Number of Certificated Staff Hired by Ethnicity by Year


School Year of Hire


Ethnicity

15-16

16-17

17-18

18-19

19-20

20-21

21-22

Grand Total

% of Total Hired

African American/Black

8

15

4

8

6

4

8

53

9.14%

Asian

15

16

14

10

14

7

9

85

14.66%

Asian Indian

1






1

2

0.34%

Asian/Pacific Islander


1


1


2


4

0.69%

Latinx

18

21

12

9

13

6

16

95

16.38%

Multiple



6

5

8


8

27

4.66%

Native American


1

1

1

1

1


5

0.86%

Native American & Latinx



1





1

0.17%

No Response







1

1

0.17%

White (Non-Latinx)

53

51

49

46

40

22

46

307

52.93%

Grand Total

95

105

87

80

82

42

89

580

100%










The chart below presents information related to the diversity of those hired and retained in certificated positions as of the current school year. 


Number of Certificated Staff Hired by Ethnicity by Year - Still CURRENTLY Employed


School Year of Hire


Ethnicity

15-16

16-17

17-18

18-19

19-20

20-21

Grand Total

African American/Black

1

9

3

4

5

3

25

% of AA/BLK hire year cohort

12.5%

60%

75%

50%

83.33%

75%

55.55%

Asian

9

8

5

10

12

6

50

% of Asian hire year cohort

60%

50%

35.7%

100%

85.7%

85.7%

65.79%

Asian Indian

0






0

% of Asian Indian hire year cohort

0%






0%

Asian/Pacific Islander


1


1


2

4

% of Asian/Pacific Islander hire year cohort


100%


100%


100%

100%

Latinx

7

14

5

8

7

5

46

% of Latinx hire year cohort

38.88%

66.66%

41.66%

88.88%

53.85%

83.33%

58.23%

Multiple



3

2

1


6

% of Multiple Ethnicity hire year cohort



50%

40%

12.5%


31.58%

Native American



1

1


1

3

% of Native American hire year cohort



100.0%

100%


100.0%

60%

Native American & Latinx



1




1

% of Native American & Latinx hire year cohort



100%




100%

White (Non-Latinx)

32

19

23

32

24

18

148

% of White hire year cohort

60.38%

37.25%

46.94%

69.57%

60%

81.82%

56.7%

Grand Total

49

51

41

58

49

35

283

Total % Retained

51.58%

48.57%

47.13%

72.5%

59.76%

83.33%

57.64%



 
Attachments:
Fall 2021 Diversity Report
14.2. 2021-2022 Enrollment Update
Quick Summary / Abstract:


Rationale:

TO: Brent Stephens, Ed. D., Superintendent

FROM: Rubén Aurelio, Associate Supt. of Educational Services

DATE: October 20, 2021

SUBJECT: School Class Size Report


BACKGROUND INFORMATION

Since 1987, Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools. In 2016, BSEP Measure E1 reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining a lower student-to-teacher class size ratio. Currently, BSEP funds approximately 30% of classroom teachers in Berkeley schools. 


The class size goal in K-4 is a school-wide average of 23:1. The prior BSEP Measure A of 2006 has a goal for fifth grade as a district-wide class size average of 26:1 and it remains in place until the ultimate goal of Measure E1, a balanced school-wide average of 23:1 to be achieved by the 2022-2023 school year, the sixth year of the Measure. The goal for secondary schools remains a district-wide class size average of 28:1.


2021-22 Class Size Reports

The class size goals in elementary schools have been met.  For K-4, all school sites have averages below 23:1, and in fact school-wide class size averages are currently below 23:1 for K-5 as well.  The district-wide class size goal of 26:1 for fifth was also met.  The 2021-22 school year will be the last year of the year of BSEP Measure A of 2006.  The 2022-23 school year will see the full implementation of Measure E1 in elementary schools.  Measure E1 calls for a school-wide class size average of 23:1 for grades K-5. 


The class size goals in middle school have been met, with an average class size of 24.8 in sixth grade.  The district-wide class size average in 7th and 8th grade is 24.3 excluding PE. 


High school class size averages are just above the 28:1 teacher to student ratio.  The overall class size is 28.1 at Berkeley High School excluding PE. In order to reduce that class size, Berkeley high has been authorized to hire 0.9 FTE.  The goal is to staff various core sections and therefore reduce the overall class size to the 28:1 ratio.  The class size average for ninth grade including the LEAP academic support elective is 25.7. Berkeley Technology Academy class size average is 10.4 students per teacher, significantly less than the 18:1 average stipulated in the Measure.


Policy/Code

Berkeley Schools Excellence Project, Measure E1 of 2016

Recommended Action: Receive the School Class Size Report for information.

 
Attachments:
21-22 Class Size Reduction PPT
14.3. 2021-2022 Student Admissions Update
Quick Summary / Abstract:


Rationale:

On June of 2015, the Berkeley Board of Education approved a new Admissions and Enrollment Policy (BP5111). The policy directs staff to provide an annual enrollment update to the Board. Presently, Berkeley Unified School District (BUSD) has 9208 students enrolled in district schools. The projected student enrollment for the 2021-22 school year was 9432. The present student population of 9208 students enrolled in BUSD schools represent 97.62% of the student projection. Due to the ongoing Covid-19 pandemic, some families have not enrolled their children in school. Some families have moved out of Berkeley, the state and out of the country. And other families have decided to send their children to private schools.

The Admissions and Enrollment Policy requires students transitioning from 5 th grade to 6 th grade and from 8 th grade to the 9 th grade to certify that they continue to be Berkeley residents. Of approximately 678 fifth graders, 638 (94.1%) registered to continue onto BUSD middle schools. There were about 709 eighth graders in BUSD’s middle schools during the 2020-21school year and 694 (97.9%) complied with the enrollment policy requirements in order to continue onto Berkeley High School.

There was extensive outreach on the part of the Admission Office to assist new families and families transitioning to middle school and high school. Families whose children were transitioning to middle and high school were informed in writing, emails, via individual phone calls and communications from the elementary and middle schools about the rematriculating process. In addition, since the summer, the Admissions Office has been open in order to assist families who can not submit documents electronically.

In order to ascertain the compliance of the Berkeley residency requirements, at times it has been necessary to conduct address verifications. District staff has visited 165 residences of students enrolling for the 2021-22 school year. Of the address verifications, 28 (17%) students were not enrolled in Berkeley Unified Schools because families were not truthful about their Berkeley residency. The address verifications have been conducted throughout Berkeley, Oakland and West Contra Costa. The accompanying map indicates where the bulk of the address verifications have taken place.

Berkeley Unified School District has also accepted students on inter-district permits. There are 957 students attending BUSD on inter-district permits. The 957 inter-district students represent 10.4% of the BUSD student population. For the 2021-22 school year, 146 new students were admitted into BUSD schools. Of the 146 granted inter- district permits, 46 were for children of BUSD employees who do not live in Berkeley. Additionally, 19 students were admitted because they had siblings attending BUSD schools and 82 were accepted under administrative discretion. An accompanying table details the numbers of permits granted and denied by grade.

BUSD also denied 65 inter-district permit requests for the 2021-22 school year. The denied permits were for new students requesting admission into BUSD. The students were not accepted because they did not meet the requirements of grades attendance and behavior as established by Board policy or because they did not submit all the necessary documents for consideration. Other families were accepted but, in the end, did not enroll in BUSD schools.

Berkeley residents also requested inter-district permits to attend public schools outside of Berkeley. 72 students requested inter-district permits for the 2021-22 school-year to attend non BUSD schools. The breakdown for the students opting not to attend BUSD is as follows: 32 for elementary school, 18 for middle school and 22 for high school.

Board Policy 5111, Student Admissions and Enrollment
 
Recommended Motion:
Receive 2021-2022 Student Admissions update report for information.
Attachments:
2021-2022 Student Admission Update
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: October 15, 2021, 7:31 PM

The resubmit was successful.