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Regular Meeting
Berkeley USD
January 05, 2022 5:30PM
Zoom Webinar

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
Quick Summary / Abstract:

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. 


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’s Evaluation (Government Code Section 54597)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of January 5, 2022
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 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 30 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. 

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 Resolution 22-024 Proclaiming 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 February 1, 2022 through February 28, 2022
Attachments:
Resolution 22-024
11.2. 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:              January 5, 2022
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 Human Resources Report 01.05.21
Classified Human Resources Report 01.05.22
11.3. Approval of Position Control Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       January 5, 2025
SUBJECT:     Approval of Position Control Update Report

BACKGROUND INFORMATION:

On a regular basis, staff presents a Position Control Report listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. The first report was brought to the Board for approval on November 4, 2020 to establish a common understanding of the positions that were established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.










 
Attachments:
Position Control Changes 01.05.22
11.4. Ratification of MOU between BUSD and Eastern New Mexico University
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       January 5, 2022
SUBJECT:      Approval of MOU between BUSD and Eastern New Mexico University

BACKGROUND INFORMATION:
BUSD has entered into an agreement with Eastern New Mexico University Speech and Hearing Rehabilitation Outreach Center to provide university students with internships so they may gain practical Speech Language Pathology experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the attached memorandum of understanding (MOU) between the District and Eastern New Mexico University.





 
Attachments:
BUSD- ENMU Clinical Affiliation Agreement
11.5. Approval to Award Piggyback Contract to Campbell Keller to Purchase Furniture for Temporary Location of Plant Operations and Additional Costs related to Furniture Relocation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: January 5, 2022

SUBJECT: Approval to Award Piggyback Contract to Campbell Keller to Purchase Furniture for Temporary Location of Plant Operations and Additional Costs related to Furniture Relocation


BACKGROUND INFORMATION

On January 5, 2022, the Board will approve the most recent Measure G Reallocation Plan to add a project related to the Temporary Relocation for Plant Operations.   Staff is requesting approval to utilize Campbell Keller for furniture purchases related to office relocation for two locations.  The estimated costs of the furniture purchase will not exceed $250,000.

Staff recommends the use of an existing “piggyback” contract awarded to Campbell Keller after a public bid under project bid 19017 with Los Rios Community College District on August 14, 2019, for the classroom and office furniture. Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years.

Staff is also requesting approval for the move and installation of furniture purchased within the recent year with Campbell Keller.  The total costs of the move will not exceed $30,000. 

POLICY/CODE

Public Contract Code 20118 and 20652

FISCAL IMPACT

Award by this action: 

$280,000 total. $250,000 for furniture purchases and $30,000 for moving costs to be paid from the Plant Operations Budget.

STAFF RECOMMENDATION

Approve the purchase of furniture from Campbell Keller in the total amount of $280,000. 


 
11.6. Ratification of a Lease Agreement with Parker Street Properties for FY 2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: January 5, 2022

SUBJECT: Ratification of a Lease Agreement with Parker Street Properties for FY 2022 


BACKGROUND

As a result of preliminary reports related to the current Plant Operations Site, there is a need for temporary relocation. 1005 Parker Street has been identified as a site to house all administrative staff.  The lease will begin in January 2022 and will renew annually for a 5-year period. The request for this year will not exceed $173,880.

RECOMMENDATION    

Approve the Lease Agreement for FY 2022 with Parker Street Properties 

FISCAL IMPACT

Funds requested by this action: $173,880 for the consultant fee to be paid from Measure G Bond Funds. 


 
11.7. Ratification of Security Contract - Adult School for Maintenance Vehicles
11.8. Approval of Contracts/Purchase Orders for Services Contracts Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO: Brent Stephens, Ed. D., Superintendent

FROM: Pauline Follansbee, Asst. Superintendent of Business Services

DATE: January 5, 2022

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. Sally Payson Hays, to provide consultation and training regarding mental health diagnosis and treatment for the Special Education Department for the 2021/22SY. The cost will not exceed $20,000. To be paid from Special Ed Funds. Requested by Shawn Mansager.

  2. La Cheim School, to provide NPS services for one Special Ed student for the 2021/22SY. The cost will not exceed $50,284.50  To be paid from Special Ed Funds.  Requested by Shawn Mansager.

  3. Crown Moving, to provide moving services for the Facilities Department for the Plant Operations Project. The cost will not exceed $15,000. To be paid from Measure G. Requested by John Calise.

  4. Sonic, Inc., to provide internet service for the Plant Operations Project. The cost will not exceed $15,000. To be paid from Measure G. Requested by John Calise.







POLICY/CODE

Public Contract Code: 20111 

Board Policy 3310


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


 
11.9. Approval of Master Contract for Residential Treatment Center for 2021-2022 SY (Discovery Ranch)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


To:       Brent Stephens, Ed. D., Superintendent

From:  Shawn Mansager, Executive Director of Special Education

Date:    January 05, 2022

Subject: Approval of Master Contract for Residential Treatment Center for 2021-2022 SY 


BACKGROUND INFORMATION


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


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


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


Residential Treatment Center

# of Students

Estimated Total Cost

Discovery Ranch

1

$183,700

Total

1

$183,700



POLICY/CODE

Education Code 56034, 56366

FISCAL IMPACT 

Not to exceed $183,700 from the Special Education Budget. Will need additional contribution from the General Fund.



STAFF RECOMMENDATION

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


 
11.10. Approval of Master Contracts for Nonpublic Schools for the 2021-2022 School Year (Seneca Ranch)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT



To:      Brent Stephens, Ed.D., Superintendent

From:  Shawn Mansager, Executive Director of Special Education

Date:    January 5, 2022

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. 


Nonpublic School

#of students

Estimated total cost

Seneca

5

$364,475

Total

5

$364,475



POLICY/CODE

Education Code 56034,56366

FISCAL IMPACT 

Not to exceed $364,475 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.


 
12. Action Items
12.1. Approve amendments to Board Policy 4219, Universal Precautions, to update the definition of “full vaccination” for employees to include a COVID-19 booster shot
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Re: Approve amendments to Board Policy 4219, Universal Precautions, to update the definition of “full vaccination” for employees to include a COVID-19 booster shot

Date: January 5, 2022


Background

In August 2021, BUSD required that all employees be vaccinated against the COVID-19 virus or participate in mandatory COVID-19 testing at least once per week. On December 27, 2021, CDC guidance recommends that individuals who are close contacts will be required to quarantine at home if they are eligible to have received a booster but have not yet done so. As of December 30, 2021, the date of this posting, schools in California are currently waiting for K-12 guidance on this topic.

According to a December 21, 2021 California Department of Public Health Order: “Early data also suggest the increased transmissibility of the Omicron variant is two to four times as infectious as the Delta variant, and there is evidence of immune evasion. Although COVID-19 vaccination remains effective in preventing severe disease, recent data suggest vaccination becomes less effective over time at preventing infection or milder illness with symptoms, especially in people aged 65 years and older.” This is the primary rationale for receiving a booster shot if you are eligible.

 

Decision

At this meeting, the Superintendent will ask the Board to approve an amendment to Board Policy 4219, Universal Precautions, to update the definition of “full vaccination” for employees to include a COVID-19 booster shot. This decision would amend existing district policies so that, starting February 25, “fully vaccinated” includes the COVID booster shot for all eligible employees and students. (Students ages 16-17 are currently eligible to receive a booster shot six months after their second dose of the Pfizer vaccine. All adults are eligible six months after their second dose of the Pfizer or Moderna vaccine or 2 months after the J & J vaccine.) This amendment would continue to permit unvaccinated employees and students to test once per week as an alternative, in keeping with current CDPH Health Orders for public schools.

If approved by the Board, this would mean that all staff, contractors, and school-based volunteers who are currently eligible will be required to show proof of up-to-date vaccination, to include boosters, by February 25, 2022. In early January, BUSD’s Human Resources Department would provide information about how staff can verify they are up to date with their vaccination requirement. 

Staff who are not currently eligible for a booster, based on the date(s) they received their COVID vaccine(s), will be required to receive a booster upon eligibility. More specific information for employees who become eligible after the February 25 date will be provided.



 
Attachments:
Amendment to BP 4219.43, Employee COVID Booster Shots
12.2. Approve amendments to Board Policy 5141.3, “All-Student Vaccine and Testing Policy”, to update the definition of “full vaccination” for eligible students to include a COVID-19 booster shot.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Re: Approve amendments to Board Policy 5141.3, “All-Student Vaccine and Testing Policy”, to update the definition of “full vaccination” for eligible students to include a COVID-19 booster shot

Date: January 5, 2022

Background

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

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

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

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

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

On October 6, 2021, the BUSD Board of Education passed amendments to BP 5141.3,  requiring all vaccine-eligible students to either get vaccinated or test weekly.  This was a middle-ground approach that, coupled with a strong public health campaign and easy, on-site access to vaccines, the Board believed will achieve our goal of increased vaccinations among students.  Because it was not a mandate, amendments to BP 5141.3 will not result in the forced placement of unvaccinated students in distance learning or independent study when the policy goes into effect on January 3, 2022.

According to a December 21, 2021 California Department of Public Health Order: “Early data also suggest the increased transmissibility of the Omicron variant is two to four times as infectious as the Delta variant, and there is evidence of immune evasion. Although COVID-19 vaccination remains effective in preventing severe disease, recent data suggest vaccination becomes less effective over time at preventing infection or milder illness with symptoms, especially in people aged 65 years and older.” This is the primary rationale for receiving a booster shot if you are eligible.

On December 27, 2021, the CDC updated COVID-19 isolation and quarantine guidance. This CDC guidance, which is not binding for California public schools,  recommends that individuals who are close contacts will be required to quarantine at home (as opposed to testing in order to continue to attend school) if they are eligible to have received a booster but have not yet done so. At the time of this writing, California public schools are waiting for K-12 guidance on this topic and will update the community at that point. 

At this meeting, the Superintendent will ask the Board to approve an amendment to Board Policy 5141.3  to update the definition of “full vaccination” for employees to include a COVID-19 booster shot. This decision would amend existing district policy so that, starting February 25, “fully vaccinated” includes the COVID booster shot for all eligible students. (Students ages 16-17 are currently eligible to receive a booster shot six months after their second dose of the Pfizer vaccine. All adults are eligible six months after their second dose of the Pfizer or Moderna vaccine or 2 months after the J & J vaccine.) 

The revised policy language is as follows, and applies only to the definition of "Fully Vaccinated":

A student is “fully vaccinated” if two weeks have elapsed since their second dose of the vaccine. “Fully vaccinated” includes the COVID booster shot for all eligible employees and students. (Students ages 16-17 are currently eligible to receive a booster shot six months after their second dose of the Pfizer vaccine. All adults are eligible six months after their second dose of the Pfizer or Moderna vaccine or 2 months after the J & J vaccine.)

This amendment would continue to permit unvaccinated employees and students to test once per week as an alternative, in keeping with current CDPH Health Orders for public schools and the October 6th Board policy.



 
Attachments:
BP 5141, Amendment to Include Student Booster Shots, January 5, 2022
12.3. Update on PUENTE Program and Contract Approval
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    January 5, 2022
SUBJECT: PUENTE and BUSD Contract Approval

 

BACKGROUND INFORMATION:  As noted in the Latinx Resolution passed in June 2021, Berkeley Unified has continued to plan for the implementation of the PUENTE program at both Longfellow Middle and Berkeley High school with an inaugural cohort of 7th and 10th-grade students targeted for school year 22-23. The attached presentation and MOU chronicles how this program will target Latinx students to develop a strong college-going culture. The program consists of an English teacher and counselor supporting a cohort of 30 students through a two-year process. 

Puente partners with the University of California (UC) and the California Community College Chancellor’s Office (CCCC). The Puente office is housed at UC Berkeley, making for an even stronger partnership. The Puente Mission is to increase the number of underrepresented students who enroll in four-year colleges, graduate, and return to their communities as mentors and leaders to future generations.

 

POLICY/CODE (if any):

FISCAL IMPACT:$30,688 in 21-22 (already budgeted) ongoing costs through 2025 to be determined

RECOMMENDATION: Approve the contract between Puente and BUSD


 
Attachments:
Puente Board Action Item Presentation
PUENTE MOU 1.5.22
13. Discussion Items
13.1. Board Workshop: Mathematics in BUSDWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    January 5, 2022
SUBJECT: Mathematics Board Workshop

 

BACKGROUND INFORMATION:  The Associate Superintendent with support from TK-8 Director of Schools, Director of BREA, and VP of BHS will present to the school board an update to mathematics instruction in Berkeley Unified. The presentation will provide opportunity for the school board members to digest a sigfinificant amount of beginning of year data. It is important to note that the data being collected is for our full re-opening of in-person instruction with the fall benchmark data and first quarter report card data. 

The educational services team as well as school teams understand that data from the previous two years is challenging to use for comparison due to the impact the pandemic had on regular instruction. The educational services team will return later this year to show the demonstrated growth from fall to winter benchmark and grades.

 

POLICY/CODE (if any):

FISCAL IMPACT:

RECOMMENDATION: Engage in the mathematics workshop


 
Attachments:
Mathematics Board Workshop
14. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony 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.

15. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
16. Adjournment

Published: December 29, 2021, 4:18 PM

The resubmit was successful.