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. 

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:              December 8, 2021
SUBJECT:       Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        December 1, 2021

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

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$10,920,361.11, for October 2021 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in October 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        December 1, 2021

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

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$9,863,995.71, for November 2021 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in November 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:            December 8, 2021

SUBJECT:     Approve Listing of Fiscal Warrants issued in November 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 November is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$6,431,470.40 for the month of November 2021 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         December 8, 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.Ninyo & Moore, to provide geotechnical services for the Sylvia Mendez Elementary School Modernization Project. The cost will not exceed $23,700.  To be paid from Measure G.  Requested by John Calise.
• 2.Increase in contract, PO#221059 to Megan Farrell to provide services as the interim Title IX Coordinator. The board originally approved $20,000 8/11/21. The additional amount needed is $24,000 for a total contract amount of $44,000. To be paid from the General Fund. Requested by Pauline Follansbee.
• 3.Ratification of contract with Sound and Signal to replace the Berkeley High School Intercom. The cost will not exceed $55,650. 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, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:           December 8, 2021

SUBJECT:     Acceptance of Gifts/Donations

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

1. Berkeley Public Schools Fund donated $6,080 the purpose of this donation is to pay daily summer PD for Universal 9^th Grade Teachers, Summer of 2021.
2. Philanthropic Ventures donated $1,000 the purpose of this donation, Plants & Soil Stewardship project (Environmental Science Resource Grants).
3. Philanthropic Ventures donated $500 to Rosa Parks Principals Discretionary Account.
4. Berkeley Public Schools Fund donated $9,470.90 for the purpose to pay for Chromebooks and Chromebook cart for BEARS and LEARNS.
5. Berkeley Public Schools Fund donated $699.01 to Rosa Lee for Grading for Equity 6-8 Math Pilot Team, 2021-22 LEADING for Equity grant 1-015.Funds to be used for teacher time devoted to this work.
6. Berkeley Public Schools Fund donated $35,555.40 to pay for the Growing Leaders Program, at the request of Matt Tsang.
7. Oxford PTA donated a total of $ 49,540 towards Oxford Instructional Assistant, Teacher Substitutes, Art Contract, Classified Hourly Interventions, School Campus Aid (Noon Duty).
8. Philanthropic Ventures Foundation donated $447 to Sylvia Mendez Elementary Principal’s Discretionary Fund.
9. Thousand Oaks PTA donated $3,258 to Kindergarten I.A., PE Instructional Specialist for materials and other supplies.
10. Berkeley Public Schools Fund donated $11,499. Grant to teacher Daniella Maaze for “Chromebooks for BHS Multilingual Program Students, 2021-22 LEADING for Equity grant 18-025.
11. Berkeley Public School Fund donated $10,000 to Jessica Lee for books for BUSD libraries.
12. Longfellow PTA donated $32,700 for classified supervision support staffing.
13. Berkeley Public Schools Fund donated $6,080 for the purpose to pay daily summer PD for the Universal 9^th Grade Teachers, Summer of 2021.
14. Ruth Acty PTA donated $82,219 for the purpose of BACR counselor (Smyth) $10,000, ELD/RTI Coach (Von Blanckensee, (20) – $21, 860, PE/SEL Teacher (Cohn, .28) - $30,769, MOCHA $15, 590, Grove Move Kids (TK), K)$4000.
15. Berkeley Public Schools Fund donated $69,266, the purpose of this donation is to pay for Growing Leaders Program at the request of Matt Tsang.
16. Philanthropic Ventures donated $1,500 to Cragmont Elementary for plants and soil for adopt a plant project.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $312,764.00 in donations.

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        December 8,  2021
SUBJECT: Educator Effectiveness Fund Grant Plan 2021-2026

BACKGROUND INFORMATION: 

The Educator Effectiveness Fund Grant 2021-2026 is a program providing funds to school districts to provide professional learning and to promote educator equity, quality, and effectiveness. Funds are allocated on the basis of an equal amount per certificated and classified full-time equivalent as reported in the California Longitudinal Pupil Achievement Data System (CALPADS) and the California Basic Educational Data System (CBEDS) for the 2020–21 fiscal year.

The local plan for the Educator Effectiveness funds (EEF) needs to be heard in a public meeting of the governing board of the school district, (held November 17,2021) the county board of education, or governing body of the charter school, before its adoption in a subsequent public meeting (December 8, 2021). This must take place on or before December 30, 2021.

Funds may be expended during the 2021–22, 2022–23, 2023–24, 2024–25 and 2025–26 fiscal years. An annual data and expenditure report will be due each year on or before September 30. A final data and expenditure report will be due on or before September 30, 2026. Any funds not expended by June 30, 2026, must be returned to the California Department of Education (CDE).

POLICY/CODE (if any): California Education Code (EC) Section 41020

FISCAL IMPACT: $2,798,099 over the span of the Grant 2021-2026

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent
DATE:           December 8, 2021
SUBJECT:    Approval of Legal Services Agreements for Fiscal Year 2021-22

BACKGROUND INFORMATION
The following legal service agreements are being presented to the Board for approval: 

Spinelli, Donald & Nott to provide legal services as directed by the Superintendent, Assistant Superintendent Business Services and Assistant Superintendent of Human Resources.  The District will be utilizing these services for general legal support and services. The attorney rates are $225 per hour for Partners/Senior Counsel $175 per hour for Associates, and $125 per hour for Paralegal/Law Clerks.

POLICY/CODE
N/A

FISCAL IMPACT
Legal Fees are estimated at an amount not to exceed of $ 30,000 from the General Fund

WSTAFF RECOMMENDATION
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above. 

TO:     Brent Stephens, Superintendent 

FROM:    Rubén Aurelio, Associate Superintendent

DATE:    December 8, 2021

SUBJECT:  Resolution to Authorize the Continued Funding Application (CFA)  with California Department of Education for the California State Preschool Program (CSPP) for Fiscal Year 2022-2023 

Background Information:

Each year the District applies for a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP). Once CDE approves the continued funding application the contract will be automatically renewed in accordance with all applicable federal and state laws as well as all CSPP Funding Terms and Conditions and Program Requirements that will be incorporated into the 2022–23 CSPP contract. By approving this CFA, BUSD is indicating that we wish to automatically renew the CSPP contract for FY 2022–23 and is willing to, and does accept, all of the terms and conditions of the CSPP contract, which will be provided to BUSD CSPP contract  no later than June 1, 2022.

Funding is based on actual student attendance with each full day of student attendance generating revenue per day for preschoolers and for partial day rates are prorated to the full day rate.

The current contract for services is $3,469,288 for the California State Preschool Program (CSPP).

 In order to enter into the contract, the Board is required to approve the attached resolution. 

POLICY/CODE:

Child Development Division

California Ed. Code Title 5

FISCAL IMPACT:

$3,469,288 in potential revenue for the Pre-School Child Development. 

STAFF RECOMMENDATION:

Approve the Resolutions to Authorize the Continued Funding Application with the California Department of Education for the Childhood Development Programs for 2022-2023.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 2021

Subject:      Approval of MOU for Vision Screening Services for the 2021-2022 School Year

BACKGROUND INFORMATION

The District contracts with UC Berkeley School of Optometry to Provide Vision Screening services for BUSD students who are preschoolers, grades K, 2, 5 and special education.

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

The fiscal impact of these services is estimated not to exceed $10,800.00

funded from General Fund.

STAFF RECOMMENDATION

Approve the MOU listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:               Brent Stephens, Ed. D., Superintendent

From:          Shawn Mansager, Executive Director of Special Education

Date:           December 8, 2021

Subject:      Approval of Amendment of Master Contract 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.

The original contract was Board approved on Oct 6, 2021 for $215,746.00

Additional services for the first student at $20,903.13 plus one additional student at $236,649.13 increases the contract to $473,298.26 for a total of 2 students.

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

POLICY/CODE

Education Code 56034, 56366

FISCAL IMPACT

Not to exceed $257,552.26 from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the amendment of the Master Contract for the Residential Treatment Centers listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 2021

Subject:      Approval of MOU for Nonpublic Agency Services for the 2021-2022 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.

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $435,750.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the MOU for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 2021

Subject:      Approval of Master Contract for Nonpublic Agency Services for the 2021-2022 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.

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $71,000.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contracts for the Nonpublic Agency listed above.

 BERKELEY UNIFIED SCHOOL DISTRICT

To:            Brent Stephens, Ed.D., Superintendent

From:        Ruben Aurelio, Associate Superintendent

                  Shawn Mansager, Executive Director of Special Education

Date:         December 8, 2021

Subject:     Approval of Master Contract for Nonpublic Agency Services for 2021-22 School Year (SPG)

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.

1:1 Registered Behavior Technicians (RBTS)

1:1 Registered Behavior Technicians (RBTS) are assigned to students with high behavioral needs and are highly specialized and receive regular support and guidance from a Board Certified Behavior Analyst (BCBA)  The Special Education Executive Director, Program Manager and Supervisors are actively working with school sites to determine if these services are needed and/or if an internal Instructional Aide II or Behavior Intervention Specialist (BIS) positions can provide these services internally of if these services can be faded. 

Additionally, we are providing ongoing training for our Case Managers and School Site Principals on BUSD’s Special Circumstance Instructional Assistance (SCIA). This process provides guidance to IEP teams on how much Instructional Aide/Paraprofessional related services are needed, if any, to meet student’s IEP goals. Assigning an Instructional Aide/Paraprofessional does create a more restrictive setting and BSUD wants to ensure the ultimate goal is to build student independence.   This support may be assigned for all or for portions of the school day depending upon the child’s individual needs.  The IEP teams periodically review data to determine if and how the support can be “faded” (decreased) as the student gains skills and  becomes more independent.  We were able to decrease RBTS during the pandemic due to school closures and the ability to share virtual services. Now that BUSD is back in person, it is no longer possible to share RBTS, hence the increase in services.

In 2018 an attempt was made to hire internal  Behavior Intervention Specialist Positions in order to replace RBTS. Our own internal Behavior Board Certified Analysts (BCBA) provided training to internal Instructional Aides to fill these BIS positions. This approach has had some successes and is being further audited for success and continuation. No students will receive services from internal BISs and RBTs simultaneously. Our internal BIS (11) are supporting their own caseload of students. We have 4 open BIS positions.

We are also contracting out for Educational Specialists which are equivalent to an Instructional Assistance II since BUSD has struggled with finding internal hires.  As we bring on internal hires, we are replacing these positions.

SPG will also provide the following services:

• SPG will reassign Registered Behavior Technicians (RBTs), based on BUSD’s priorities
• RBTs will serve a 6.5 work day (30 minute lunch) and some have been assigned two students while others one depending on student need.
• SPG will attemptprovide consistent sub coverage for RBT
• SPG behaviorists will focus solely on school-based services and therefore, understand the collaborative nature of working with IEP teams, administrators, and site-based staffed
• SPG behavior teams will have Counseling Enriched Classroom (CEC) experience and will support the Rosa Parks Elementary School (CEC)
• BCBAs will create and implement fade plans to foster student autonomy
• RBTs will far exceed the minimum qualifications required by the Behavior Analyst Certification Board. They will participate in monthly continuing education tailored to meet the needs of the district
• SPG will focus on data. RBTs will record daily data on tablets assigned by SPG. Data will be reviewed weekly by BCBAs and progress reports will be generated three times per year, or at any time upon request. District-wide outcome data will also be provided

34 and 2 Sub RBT RBTs will be provided:

• One-to-one support using ABA principles for high needs/high profile cases 
• Whole classroom support/modeling within Counseling Enriched Classrooms
• Detailed data collection for each one-to-one case, using tablets issued by SPG
• Dedicated RBTs to provide sub coverage and staffing for immediate needs

BCBA Clinical Supervisor will: 

• Oversee all SPG behavior services within the district and serve as a point person for BUSD staff. 
• Ensure that all staff assigned to BUSD are oriented to district-specific policies and procedures
• Review data for all cases for quality assurance and in preparation to report case-specific and district-wide outcomes
• Attend BUSD behavior staff meetings, taking notes to ensure that all SPG staff receive this information
• Field district requests for RBT staffing or reassignments
• Immediately address any concern brought by BUSD administration or staff
• Deliver materials, including tablets, reinforces or training supplies
• Assist with documentation preparation and data review for challenging cases
• This dedicated BCBA Clinical Supervisor will also supervise RBTs working within the district and will therefore be familiar with sites and staff

1-2 BCBA Clinical Supervisors will provide:

• Weekly direct supervision for each RBT providing one-to-one support
• Support to teachers and site staff to problem-solve and ensure effective implementation of behavior plans
• Summaries and outcome data for one-to-one cases three times per year (to align with progress reports), or as often as requested
• Clear and responsive communication with district administrators and site staff to coordinate effective service delivery 

Speech Language Pathologist (SLPs),  Augmented Alternative Communication, Assistive Technology

SPG will provide Speech Language Pathologist (SLPs) to serve BUSD speech services.  SLPs will work with BUSD students to prevent, assess, diagnose and treat speech, language, social communication, and cognitive-communication. Services will include but will not be limited to assessments, services, progress monitoring, and input and collaboration with the student’s IEP team as it relates to students’ speech needs. Internal SLPs per contract can only work at 2 sites at a time.  For this reason, BUSD contracts with SPG in order to have positions to float to support compensatory services and private school assessments. In addition, we needed to add a .3 virtual SLP position to support students with disabilities in the Virtual Academy.

In addition, we contract with SPG for speech language pathologists who provide Augmentative or Alternative Communication which includes all forms of communication (other than oral speech) that are used to express. thoughts, needs, wants, and ideas. Students with severe speech or language problems rely on AAC to supplement existing speech or replace speech that is not functional. These are hard to fill positions.

Occupational Therapist and Physical Therapists

SPG will provide BUSD with Occupational Therapist and Physical Therapists. They will provide ongoing OT and PT services to students with IEPs.  BUSD is making every attempt to hire these positions with internal candidates and they are hard to fill positions.

POLICY/CODE

Education Code 39800

FISCAL IMPACT

Not to exceed[1]  $5,257,733.00  from the Special Education Budget which may need additional contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contract for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 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 $478,164.00 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, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 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 $120,037.50 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, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 2021

Subject:      Approval of Master Contract for Nonpublic Agency Services for the 2021-2022 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.

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $ 695,452.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contract for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 2021

Subject:      Approval of Master Contract for Nonpublic Agency Services for the 2021-2022 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.

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $75,282.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contract for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:               Brent Stephens, Ed. D., Superintendent

From:          Shawn Mansager, Executive Director of Special Education

Date:           December 8, 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.

POLICY/CODE

Education Code 56034, 56366

FISCAL IMPACT

Not to exceed $570,359.75 from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

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

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          December 8, 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.

POLICY/CODE

Education Code 56034,56366

FISCAL IMPACT

Not to exceed $115,220.00 funded from the Special Education Budget which is a budgeted contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contract for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:               Brent Stephens, Ed.D., Superintendent

From:          Shawn Mansager, Executive Director of Special Education

Date:           December 8, 2021

Subject:      Approval of Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2021-2022 School Year

BACKGROUND INFORMATION

The District contracts with the County of Alameda Health Care Services Agency, Behavioral Health Care Services (BHCS), with respect to the provision of Educationally Related Mental Health Services (ERMHS) under the Individuals with Disabilities Education Act. BHCS will provide ERMHS to students with disabilities, as requested by the District, including assessment, assessment reports, consultation and IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management and shall bill the District. 

The Special Education Department increased its FTE for school psychologists by 2.0 FTE (Board approved June 23, 2021 as part of the 9 additional special education positions) for the 2021-22 School Year in order for our own internal school psychologists to deliver ERHMS services.  This was done for two purposes: for our internal staff to work more closely with the IEP team and students to meet their socio-emotional needs and as a cost saving measure. When utilizing the county services there are a variety of rates presented and the average cost is $276.00 an hour.  Our own school psychologists can deliver the same services for an average of $90.00.  BUSD will still refer some students to the BHCS providers for cases that may need more intensive services and if our own school psychologists are at their capacity.

DISTRICT GOAL

II. Strategies to Promote Student Success

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

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $1,000,000 funded from the Special Education Budget.

STAFF RECOMMENDATION

Approve the MOU for the County of Alameda Health Care Services.

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities 

DATE: December 8, 2021

SUBJECT: Accept the Annual Developer Fee Report and Approve Resolution Number 22-021

BACKGROUND INFORMATION 

On February 8, 2017, the Board had levied statutory and/or other fees imposed on new development (“Developer Fees”) pursuant to Resolution No. 17-051.  This resolution was adopted under the authority of Education Code section 17620, et seq. and Government Code section 65995, et seq. The District has received and expended Developer Fees in the fiscal year 2020 - 2021 in connection with school facilities. 

At the end of FY20-21, there was a fund balance within Fund 25 of $3,572,476.52.  Developer fees are restricted dollars that can only be spent to “Accommodate student growth and maintain existing levels of service”.  Loosely translated, this means that these funds cannot be spent on items such as FF&E, salaries, support items and are very restrictive to the types of modernizations they can fund.  For this reason, the Facilities Department has allowed this fund to grow over several years so it can be allocated in full-on projects that will have a meaningful effect on the BUSD community.  Currently, the projects planned for allocation include Outdoor learning environments and the Berkeley Community Theater.  Each of these projects will meet the restrictive criteria as set forth by Ed Code.

POLICY/CODE

Education Code section 17620, et seq. and Government Code section 65995  

FISCAL IMPACT

None

STAFF RECOMMENDATION

Accept and approve resolution number 22-021

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       December 8, 2021    

SUBJECT: Approval of a contract with W.A. Thomas Co., Inc. as a General Contractor for the Barrier Removal Willard Middle School Project, and Resolution 22-022

BACKGROUND INFORMATION

 When Willard Middle School was modernized in 2015, there were several items on the project that were not closed out properly with the Division of State Architect (DSA). The State requires that all legacy projects are properly closed and that all aspects of the original project are properly certified with DSA.  

Two bids were received. The lowest responsive bidder is W.A. Thomas Co., Inc.

FISCAL IMPACT  

$ 94,000 – Base Bid

$ 9,400 – 10% Contingency

Cost award by this action $103,400 to be paid from Measure I bond funds. All costs are contained within the project budget

RECOMMENDATION

Approve a contract with W.A. Thomas Co., Inc. as a general contractor for the Barrier Removal Willard Middle School Project and approve resolution 22-022

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: December 8, 2021

Re: Superintendent’s African American Success Initiative

In this presentation, the Superintendent and Associate Superintendent are joined by Robyn Fisher of RT Fisher Enterprises. This presentation will focus on plans in the Spring semester to further engage the BUSD community, and particularly the families and caregivers of African American children, in ongoing dialogue about the strengths, challenges, and opportunities for Black students in Berkeley Unified.The purpose of this ongoing dialogue is to develop a strategic plan for Black students and their families - an African American Success Initiative - and a framework for ongoing investments in strategies that positively impact Black students.

This engagement process builds from recent work in the district to continue this critical partnership with African American families. Included in this work are two years of discussions with families that are part of the district Coordinated Early Intervention Services work, a project designed to reduce the over-representation of Black students in Special Education; a series of dialogues with Dr. Mary Bacon, also over the last two years. 

This engagement also draws from previous meaningful work with Black families and partner organizations: the City 2020 Vision process; past LCAP writing processes, including the most recent series of community-wide dialogues that led to the writing of the 21-24 LCAP; and a review of initiatives from other school districts, including Los Angeles, Oakland, and San Francisco.

In this presentation, staff will present a preliminary plan for this Spring semester engagement and a timeline for the completion of a first draft of an African American Success Initiative plan.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        December 8,  2021
SUBJECT: Multilingual Masterplan and English Learner Family Engagement Update

BACKGROUND INFORMATION: 

BUSD partnered with the  (CABE) California Association of Bilingual Educators to support the development of an updated multilingual masterplan. This plan will provide a comprehensive approach to instructing our English language learners. The multilingual masterplan work is currently in development and will periodically be shared at District English Language Advisory Committee Meetings throughout the school year for feedback.

Additionally, BUSD partnered with both CABE and PIQE (Parent Institute for Quality Education) to provide targeted Latinx and English Learner family engagement opportunities and professional development.The presentation this evening will share upcoming dates for these series of engagement opportunities for our English Language Learner families and Latinx communities. 

POLICY/CODE (if any): English Learner Masterplan

FISCAL IMPACT:

RECOMMENDATION:

BERKELEY UNIFIED SCHOOL DISTRICT

To:  Board of Education

From:  Brent Stephens, Superintendent

Re:  Middle School Student Assignment Community Engagement Information

Date: December 8, 2021

During the month of June, the district began a second phase of outreach to the Berkeley Unified school community about the current middle school student assignment process. The district welcomed participation in this important community-wide conversation.

The results of this first round of engagement were presented to the community and the Board of Education at the August 25, 2021 meeting of the Board of Education.

At that meeting, staff also outlined the process for further engagement with the community about this policy, and the Board gave guidance to staff that the timeline for a decision on this decision should be extended by one year in order to provide maximum opportunity for community feedback.

In the last several months, district staff have worked to conduct a range of engagement activities, including Town Halls, focus groups, educators listening sessions, meetings with principals, and another community-wide survey.

This evening, consultant to the district Stacey Smith will present on the major results of this second round of engagement with the community.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed.D, Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services
DATE:           December 8, 2021
SUBJECT:    Discussion of Alameda County Office of Education (ACOE)  Required   Reductions to 2022-23 General Fund Budget

BACKGROUND INFORMATION:

The District has been asked by the County Office of Education to approve a preliminary list of on-going budget balancing solutions for the 2022-23 school year when the First Interim Budget is submitted to board for approval.

This new December deadline is intended to prompt conversations that may be difficult months prior to the customary timeline. Budget discussions will continue in the January through June time period – and the District will approve the final budget in June, 2022 - but these fall conversations are meant to be a jumpstart on the process.

The attached is the preliminary list of budget balancing solutions, that will be shared with budget committees in the upcoming weeks for their input. 

The budget target on the attached list is based on the District’s First Interim Budget, which is being presented at tonight’s board meeting for approval.  Based on assumptions in the First Interim, the budget target has been revised from $6.6 million to $4.6 million primarily due to the adjustment for the contribution to the Nutrition Services Program in the First Interim Budget.

The final list of budget balancing solutions will be presented to the Board for approval at the December 15^th board meeting.

STAFF RECOMMENDATION:
Receive this information for discussion.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            December 8, 2021
SUBJECT:     Approval of First Interim Budget Report 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2021. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

• Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified: assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative: assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the First Interim Report, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The First Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of First Interim Report
5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
6. Form 11I–67I for all other district funds
7. Form AI – Average Daily Attendance
8. General fund Multi-year projection using the MYP software (under separate cover)
9. Criteria and Standards

This First Interim Report along with the Multi-Year Projections (under separate cover) indicate that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
The first interim report includes budget balancing  solutions  that will be approved by the board at the December 15th board meeting. 

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education
FROM:          Pauline Follansbee, Assistant Superintendent Business Services 
DATE:            December 8, 2021
SUBJECT:     Berkeley Unified School District Monthly Milestones for Frontline/Escape Technology School Software Implementation

BACKGROUND:
The district has signed an agreement with ACOE to provide Data Processing Services and Business Systems understood by both parties to be necessary for the administration of BUSD’s Fiscal, Payroll, Human Resources and other related functions.

This system will replace QSS in 2022-23 implementation is scheduled for October of this year and will require training to be coordinated by Escape training team and lead by the District’s Assistant Superintendent and IT Director.

The current status of the implementation is green which means we are on track and there are no issues.  At the November 30^th project meeting milestone were discussed for November, and December.  The next project meeting is scheduled for December 14^th at 4pm.

See attachment for details on milestones for November.  

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310