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. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:xx [15 min before closed session] p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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:             November 3, 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:       November 3, 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., Superintendent
FROM:           Ruben Aurelio, Associate Superintendent, Educational Services
DATE:            November 3, 2021
SUBJECT:     Approval of Contract for Additional Nurses provided by Aya Healthcare from previously-approved supplemental COVID allocation

BACKGROUND INFORMATION:
Aya is providing the district with Nursing Services for staffing related to Covid testing and tracing.  Additional cost will come from previously approved COVID Relief Funds.

FISCAL IMPACT:
Not to exceed $290,000

STAFF RECOMMENDATION:
Approve the cost for the nurses

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE:   November 3, 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 the redesign of the scene shop from the flexible open shop that was specified during the design phase to a specific, fully furnished design for the Berkeley High School Theater Project.

RECOMMENDATION    

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

FISCAL IMPACT

Contract award by this action: $50,945 for the consultant fee to be paid from Measure I Bond Funds.  The amended contract amount will be $4,255,438.  All costs are contained within the project budget.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       November 3, 2021    

SUBJECT: Board Approval for Architectural services for infrastructure upgrades at Franklin Child Development Centers (CDC) Modernization Project

BACKGROUND INFORMATION  

Franklin CDC was originally constructed in 2008. Recent upgrades took place in 2014 with the addition of modular D.

As part of BUSD’s ongoing commitment to provide quality facilities, the Board approved the infrastructure upgrades of the Bond Measure G Child Development Centers (CDCs) on May 5, 2021.

The site and buildings at Franklin CDC need renovation. The contract for Architectural services is required to start the drawings and specifications for the project. The facilities department solicited bids and recommends awarding Gelfand Partners as Architect for the Franklin CDC Modernization Project.

RECOMMENDATION

Approve a contract with Gelfand Partners as Architect for the Franklin CDC Modernization Project.

FISCAL IMPACT  

Cost award by this action: $105,450 to be paid from Measure G bond funds.  All costs are contained within the project budget.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         November 3, 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. Construction Testing Services, to provide geotechnical services for the Longfellow Modernization Project for FY 21-22. The cost will not exceed $31,759. To be paid from Measure G. Authorized by John Calise.

2. Norman S Wright, to install large high-velocity fan(s) in the King Middle School gym to increase air circulation and ventilation. The cost will not exceed $26,944. To be paid from Measure H.  Requested by John Calise.  

3. The Backflow Pro, to perform annual maintenance service and certification of the district's backflow devices. The cost will not exceed $20,000. To be paid from Measure H.  Requested by John Calise.  

4. Increase in contract, PO#220186 to Anderson Carpet to provide flooring repair and replacement services. The Board originally approved Anderson Carpet for $45,000 on June 9, 2021. The additional amount needed is $ $25,000 for a total amount of $70,000. To be paid from Measure H.  Requested by John Calise.  

5. Increase in contract, PO#220111 to Johnson Controls Inc. to provide HVAC services and upgrade the District's Johnson Controls server. The Board originally approved $40,000 on June 9, 2021. The additional amount needed is $50,000 for a total amount of $90,000. To be paid from Measure H.  Requested by John Calise.  

6. Increase in contract, PO#220120 to Johnson Controls Inc. to provide fire and life safety repair and inspection services. The Board originally approved $30,000 on June 9, 2021. The additional amount needed is $45,000 for a total amount of $75,000. To be paid from Measure H.  Requested by John Calise.  

7. Increase in contract, PO#220108 to MC Roofing to provide roofing repair services as needed. The Board originally approved $25,000 on June 9, 2021. The additional amount needed is $35,000 for a total amount of $60,000. To be paid from Measure H.  Requested by John Calise.  

8. Increase in contract, PO#220159 to North American Fencing co. to provide fence repair and replacement services. The Board originally approved $25,000 on September 13, 2021. The additional amount needed is $45,000 for a total amount of $70,000. To be paid from Measure H.  Requested by John Calise.  

9. Ratification of a contract with Sandis for surveying services at Malcolm X. The cost will not exceed $14,285. To be paid from Measure AA. Authorized by John Calise.

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed. D., Superintendent 

FROM:            Pauline Follansbee, Assistant Superintendent of Business Services
DATE:             November 3, 2021
SUBJECT:      Approval of requisition # 22-017   for Electric School Bus Grant Application with Carl Moyer Program, Bay Area Air Quality Management Quality District

Background:
The Berkeley Unified School District has a demonstrated commitment to replacing older school buses with clean or alternative fuel school buses.

The California Air Resources Board Lower-Emission School Bus Program governs school district transportation vehicles (i.e. school buses). Grant opportunities for the purchase of Electric School Buses are currently available through programs such as California Air Resource Board Hybrid Voucher Incentive Program (HVIP); AB 617: Community Air Protection/Carl Moyer Program; Prop 39: School Bus Replacement Program through the California Energy Commission; Rural School Bus Pilot Project; and other local funding programs. Again, in contrast to previous funding programs, minimal to zero matching funds will be required of school districts to purchase these electric buses. Additional funds, up to $100,000 in some cases per electric school bus will be awarded to cover infrastructure costs for electric charging stations.

The Bay Air Area Quality Management Air District is currently accepting applications for public school bus projects. Funding is offered on a first-come, first-served basis until all funds have been spent. Grant applications must be complete to be considered for funding. Three sources of incentive funds are available: the Carl Moyer Program (CMP), the Community Health Protection Program, and the Lower Emission School Bus Program (LESBP).

Sheila Collier, Transportation Manager is working to acquire through grant funding for one Type A Electric School Buses through the Carl Moyer Program with Bay Area Air Quality Management Quality District (BAAQMD). We are requesting formal approval from the Board to apply with the Carl Moyer Program through BAAQMD.

Electric School Buses:

The cost for 29-passenger electric school bus through the approved dealer is approximately $285,425.86. Electric school bus shall comply with all state and federal regulations regarding pupil transportation; Title 13 CCR 1234: Preventive Maintenance Compliance Inspections & Recordkeeping, Federal Motor Vehicle Safety Standard (FMVSS)

Infrastructure for Charging Systems:

As part of a school bus replacement or engine repower or conversion project, the District will not apply at this time for grants to install, convert or expand battery-charging stations for electric or hybrid-electric buses, or natural gas or hydrogen fueling stations for the funded equipment

Fiscal Impact:
Electric school buses will substantially lower operating and maintenance expenses compared to their diesel and CNG alternatives.

Please have board clerk signed the attachment and return to Sheila Collier for submittal.

Thank you 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Superintendent

FROM:        Ruben Aurelio, Associate Superintendent, Educational Services

DATE:         November 3, 2021

SUBJECT:  Approval of Memorandum of Understanding to REACH, LLC.

BACKGROUND INFORMATION:

The McKinney-Vento school is requesting funding tutoring for students who require supplement instruction and prevent learning gaps. This is a one-time service for the 21-22 SY. They are contracting REACH LLC, who is a student tutoring agency that helps provide academic support for students, for a total to not exceed $49,200. To be paid from Expanded Learning Opportunity budget.

POLICY/CODE:

None

FISCAL IMPACT:

$49,200 ELO

STAFF RECOMMENDATION:

Approve the contract with REACH LLC for the 21-22 SY.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          November 3, 2021

Subject:      Approval of Master Contracts for Nonpublic Schools 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. Star Academy and Spectrum center has agreed to not charge for transportation until we are back for in person services. 

POLICY/CODE

Education Code 56034,56366

FISCAL IMPACT

Not to exceed $77,799.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contracts for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Superintendent

From:         Shawn Mansager, Executive Director, Special Education

Date:         November 3, 2021

Subject:      Approval of Master Contract for Nonpublic Agency Services for the 2021-22 School Year

BACKGROUND INFORMATION

The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

We  are contracting with Just Right Reader in order to provide a virtual teacher for the BUSD  Virtual Academy which was created due to requirements under Education Code AB 130 . AB 130 amended Education Code section 51745 to provide that “for the 2021–22 school year only, the governing board of a school district or a county office of education shall offer independent study to meet the educational needs of pupils.”  AB 130 also stated that placing a student with an IEP in Independent Study is an IEP decision. This teacher is currently providing 15 students with specialized academic instruction and can serve more if necessitated.

DISTRICT GOAL

II. Strategies to Promote Student Success

V. Resources: Generate and equitably allocate resources for programs and services that enable every student to succeed.

POLICY/CODE

Education Code 39800

Board Policy 3310

FISCAL IMPACT: Not to exceed $112,770.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contract amendment for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: November 3, 2021

Re: Update on Berkeley High School U9 Consent Education Curriculum and Berkeley Athletics Consent and Empowerment (Coaching Boys Into Men)

On October 20, 2021, the Board of Education heard an overview of  a new universal consent education program at Berkeley High School. This evening, BHS teacher Hasmig Minassian will present an update on consent education curriculum in the U9 program, and BHS staff member Gabriel Lopez will introduce the school’s new program called Berkeley Athletics Consent and Empowerment (BACE), which draws directly from Coaching Boys Into Men, a program designed to support student athletes to understand consent and prevent sexual harm.

This item is agendized for discussion and is meant as the second in a two part series of Board presentations on the topic of sexual harassment prevention.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: November 3, 2021

Re: Update on BUSD Title IX Compliance

On October 20, 2021, the Board of Education heard an overview of  a new universal consent education program at Berkeley High School. 

In this presentation, BUSD Title IX staff Megan Farrell (Interim Title IX Coordinator) and Mary Keating (Investigator) will update the Board on Title IX law, recent efforts by the district to enhance Title IX compliance, training initiatives for BUSD staff, and data from the Title IX/District Compliance Office for the first quarter of the 2021-2022 school year.

This item is agendized for discussion and is meant as the second in a two part series of Board presentations on the topic of sexual harassment prevention.

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        October 20, 2021
SUBJECT: Ethnic Studies

BACKGROUND INFORMATION: 

Last year and the year before that, the Board adopted the following Resolutions: Resolution in Support of Black Lives Matter, Resolution in Support of the Achievement & Success of All Latinx Students in BUSD, Declaring Annually the Month of November as Indigenous People's Heritage Month, Denouncing Hate Crimes & Bigotry Targeting Asian Americans and Pacific Islanders. As part of these commitments to our Berkeley community, the district has also resolved to incorporate Ethnic Studies into all Transitional Kindergarten through 12th grade classrooms. The presentation on 11/3/21 will highlight what Ethnic Studies has looked like in BUSD at Berkeley High School as well as the plan for the 2021-2022 school year as we move towards developing a five year vision.

POLICY/CODE (if any):

FISCAL IMPACT: LCAP and BSEP funding sources in action

RECOMMENDATION: For the BUSD School Board to continue to support the roll out of a TK-12th grade Ethnic Studies program.

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

FROM:   Rubén Aurelio, Associate Superintendent
DATE:        November 3, 2021
SUBJECT: BUSD Climate Literacy Resolution, Educational Response to the Climate Emergency

BACKGROUND INFORMATION: 
At the October 20 meeting of the BUSD Board of Education, members of the Board discussed for first reading a resolution by Director Laura Babitt entitled BUSD Climate Literacy Resolution, Educational Response to the Climate Emergency.

The resolution calls for the following actions:

1. Agrees it is time to define what it means to educate students for a future with human-induced climate change and integrate such programs;

1. Commits to graduating students who are well versed in climate change science, issues, and solutions, (i.e. Climate Literate) defined by the Sierra Club of California as understanding:

1. the causes of climate change

   1. its potential for harm 

   2. what is required to avoid significant climate destabilization

   3. actions needed to ensure a livable future

2. the key people and institutions involved in implementing those actions

3.  Commits to graduating students who are well versed in environmental and climate justice as a civil rights issue; students should:

1. understand that the impact of the main drivers of climate change do not impact all people equally. For example, race — even more than class — is the number one indicator for the placement of toxic facilities and highways in this country

2. understand which local, state, national, and global policies need to be rectified and/or created to advance a society that fosters a sustainable, healthy, cooperative, and regenerative community 

3. learn how to advance a society that fosters sustainable, healthy, cooperative, regenerative communities that uphold all rights for all people in harmony with the earth.

4. Commits to implementing the vision for Environmental Literacy articulated in the 2018 BUSD Sustainability Plan adopted in 2018 by taking the following steps:

1. Environmental Literacy Working Group: The Superintendent will establish a BUSD Environmental Literacy Working Group comprised of teachers, administrators, parents or community members, and students, that will meet to:

1. Develop a comprehensive Eco-literacy curriculum plan that outlines goals for student learning by grade level bands in targeted areas such as science, history, and literacy. The Environmental Literacy working group will further define those targeted subject areas and identify or create curricular resources to achieve these learning goals. Generally, these eco-literacy resources will look like week-long units that supplement topics in the existing curriculum, including the Career Technical Education program. The group will identify creative, engaging ways to involve students in this learning, such as a district-wide eco-literacy event, festival, or showcase.

2. By June 15th, 2023, create a professional development plan for the implementation of this curriculum. 

1. Oversight: Ensure adequate support and oversight from the Associate Superintendent of Ed Services for the efforts of the Working Group. This support and oversight will include the development of the milestones for the creation of the curriculum and professional development plan, monitoring those milestones, and ensuring adequate fiscal resources are identified and recommended to the Board of Education.  

2. Updates to the Board of Education: Working group representatives will provide updates twice per year to the Board of Education during the period of developing and implementing the curriculum, and ongoing as requested by the Board of Education. 

3. Integration with the BUSD Sustainability Plan: The working group will review any existing or planned environmental education initiatives, sustainability programs including water conservation, reusable foodware for all meal and snack services, climate action plans, service learning/volunteering hours, sustainable transportation (as the key local climate emissions issue) ,  Safe Routes to School curricula, or other activities within the district or community to create lessons about these initiatives to coordinate with the climate change literacy program;

5. Recognizes that climate change disproportionately affects marginalized communities and seeks to engage, center and elevate voices and existing work of the most vulnerable communities to climate change - Black, Brown, Indigenous and low income communities;

6. Recognizes the district is joining a group of California educators who pledge to share ideas, resources, successes and challenges in order to promote climate change literacy; and

7. Commits to assisting to mobilize the education community to address the climate emergency by sending copies of this signed resolution to the following: California State Superintendent of Public Instruction, California School Boards Association, California County Boards of Education, and the National School Boards Association.

POLICY/CODE (if any):

FISCAL IMPACT: approximately $221,600 over three years