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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    February 16, 2022
SUBJECT: Equity Showcase: VAPA & Music

BACKGROUND INFORMATION:  As part of the ongoing work to showcase the efforts of our district and specific school sites, the board of education asked for Equity showcases to be presented at the second meeting of each month beginning in January 2022. Tonight, the school board of education and the community will hear about the proud and extensive work from the Visual and Performing Arts Department and Music Programming of BUSD.

POLICY/CODE (if any):

FISCAL IMPACT:$

RECOMMENDATION:

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. 

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:              February 16, 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.

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: Proposed Board Policy: COVID-19 Vaccination Requirements for BUSD Employees

Date: February 16, 2022

After a presentation to the Board of Education on February 2, 2022, staff is recommending approval of the proposed Board Policy on COVID-19 Vaccination Requirements for BUSD employees. The draft policy was reviewed by the policy committee on January 27, 2022. It is presented to the Board for approval at this time.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:            February 16, 2022
SUBJECT:     Approve Listing of Fiscal Warrants issued in January 2022

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 October is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$6,966,546.78 for the month of January 2022 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of January 2022.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        February 16, 2022

SUBJECT: Approval of Payroll Warrants Issued in January 2022

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 January 2022.

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$15,994,408.10 for January 2022 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in January 2022.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent
FROM:           Samantha Tobias-Espinosa , Assistant Superintendent of Business Services 
DATE             February 16, 2022

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: 

Boucher Law is pleased to submit this proposal to provide workplace mediation services for the Berkeley Unified School District (“District”). Mediation services are provided in a confidential environment where those engaged in conflict work through issues with the assistance of a mediator, someone who is a neutral party and can help with the development of an agreement that broadens communication and sets a foundation of solutions that work for everyone involved.

For the scope of this project, we propose a blended rate of $325 for our attorney staff and $225 per hour for our consultant staff. Travel time and waiting time shall be charged to District. An additional surcharge of $25.00 per hour shall apply for complex matters, including case preparation and attendance at litigation or administrative proceedings, court trials, arbitrations, administrative hearings, discovery hearings, media inquiry and response, and testifying at trials and hearings related to the scope of services provided under this Agreement.

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $15,000 for the General Fund

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         February 16, 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.UC Berkeley Public Service Center, to provide afterschool BUILD (Berkeley United in Literacy Development) program tutors to Berkeley Unified School District for the period from 1/19/22 to 6/18/22.  The cost will not exceed $27,500. To be paid from the Afterschool Parent Fund.  Requested by Aaron Jorgensen.
• 2.R.I.S.E. Tutors, to provide tutoring and mentoring for Berkeley High School students and their families for the 2021-22 SY. The cost will not exceed $25,000. To be paid from BSEP School Discretionary Fund. Requested by Juan Raygoza.
• 3.Vango Rooter, to provide drain cleaning services for the Facilities Department. The cost will not exceed $25,000. To be paid from Measure H.Requested by John Calise.
• 4.Alameda County Office of Education to provide Fiscal Agency Career Counseling at Berkeley Technical Academy for the 2021-22SY. The cost will not exceed $50,000. To be paid from K12 SWP Fly Consortium Round 3 Grant. Requested by Heidi Weber.
• 5.Lindamood-Bell Learning Processes, to provide sensory cognitive development of sensory imagery for Special Ed student. The cost will not exceed $16,380. To be paid from Special Ed Funds. Requested by Shawn Mansager.
• 6.Increase in contract, to PO#220186 with Anderson Carpet to provide flooring repair and replacement services. The Board originally approved Anderson Carpet for $45,000 on June 9, 2021. The Board approved an additional $ $25,000 on November 3, 2021. The additional amount needed is $10,500 for a total of $80,500. To be paid from Measure H.Requested by John Calise.
• 7.Increase in contract, to PO#220642 to Advanced Trenchless to replace a collapsed section of sewer line at Cragmont Elementary School. The board originally approved $35,425 on October 20, 2021 to replace a section of collapsed sewer line at the Berkeley Adult School. The additional amount needed is $19,500 for a new total of $54,925. To be paid from Measure H.Requested by John Calise.

   

• 8.Increase in contract, PO#220191 to Bosco Construction to provide general construction services. The Board originally approved $45,000 on June 9, 2021. The additional amount needed is $15,000 for a new total of $60,000. To be paid from Measure H.Requested by John Calise.
• 9.Increase in contract, to PO#220159 to North American Fence, to provide additional fence repair as needed for the Maintenance Department. The Board originally approved $70,000 on November 3, 2021. The additional amount needed is $13,586 for a total amount of $83,586.To be paid from Measure H. Requested by John Calise.
• 10.Increase in contract, to PO#221059 to Megan Farrell, to provide services as Interim Title IX Coordinator. The Board originally approved $44,000 on December, 8, 2021. The additional amount needed is $30,000 for a total amount of $74,000. To be paid from the General Fund. Requested by Brent Stephens.
• 11.Increase in contract, to PO#221064 to Jessica Rodney, to provide contact tracing and data analysis for the district as part of the Covid Response Team. The Board originally approved $15,120 on October 6, 2021. The additional amount needed is $41,000 for a total amount of $ 56,120. To be paid from COVID Relief Funds. 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.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: February 16, 2022

SUBJECT: Acceptance of the Joint Use Agreement Between BUSD and the City of Berkeley

BACKGROUND INFORMATION 

The attached Joint Use Agreement between the City of Berkeley and BUSD will allow for the City of Berkeley to install and operate an Emergency Outdoor Warning Sytems (OWS) to be activated during an emergency.  An emergency shall mean the actual or threatened existence of conditions threatening the safety of persons within Berkeley, caused by such conditions as air pollution, fire, flood, storm, epidemic or earthquake, or other conditions.

The City has recognized that City-owned facilities are not situated in every neighborhood and that the Berkeley Unified School District facilities are purposefully located throughout the communities of Berkeley, and therefore are best suited to house the OWS Systems.

The City will position and maintain OWS equipment including speakers, satellite hardware, solar panels, poles, anchors, battery panel cabinets, and cables on BUSD grounds and select BUSD buildings.

BUSD is not responsible for maintenance or repairs needed for OWS equipment; however, BUSD will provide access to City staff at agreed-upon times that do not interfere with BUSD operations.

RECOMMENDATION

Approval of the attached MOU between BUSD and the City of Berkeley to allow for the City of Berkeley to install, maintain, and operate the city-wide OWS. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Superintendent

FROM:          Kathy Fleming, Director of Local Resources and Community Partnerships

DATE:           February 16, 2022

SUBJECT:     Resolution 22-029 to establish the 2022-23 tax rate for the Berkeley Public Schools  Educational Excellence Act of 2016 (Measure E1 of 2016) and Revenue Projection for FY 2022-23

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) authorizes the levy of a special tax as stipulated in Section 4 of the Measure. 

A. Tax Rate: Measure E1 of 2016 authorized the District to levy a Special Tax of thirty-seven cents ($0.37) per square foot on all Improvements beginning July 1, 2017, and continuing for a period of eight (8) years. This Special Tax shall be levied on the Square Footage of all Improvements, including all Buildings and Structures, on Parcels of Taxable Real property in the District. 

The revenues raised by the special tax are to be used to improve the educational achievement of Berkeley Unified School District’s (“District”) public school students by providing high quality educational programs as specified by the Measure.

B. Cost Of Living Adjustment: Beginning in 2018-19, the second year of assessment of the Special Tax, and each year thereafter, an annual cost-of-living increase in the rate is permitted to maintain the programs. This increase was not applied in the first year of the Measure, but in subsequent years may be increased from the rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2021, is 4.2 percent. 

POLICY/CODE:
The Berkeley Public Schools Educational Excellence Act of 2016, (Section 4) 

FISCAL IMPACT:
Revenues are projected to be $34,795,000 for FY 2022-23

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 for FY 2022-23.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent

FROM:         Kathy Fleming, Director of Local Resources and Community Partnerships

DATE:          February 16, 2022

SUBJECT:    Resolution 22-030 to establish the 2022-23 tax rate for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 and Revenue Projection for FY 2022-23

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020) authorizes the levy of a special tax as stipulated in Section 3 of the Measure. The revenues raised by the Measure are to be used to recruit and retain qualified teachers and staff for the Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve Berkeley public school educator salaries and address hard-to-staff positions.

Tax Rate: This Measure authorized the District to levy a special tax beginning July 1, 2020, and continuing for a period of twelve (12) years (“Special Tax”) on Parcels of Taxable Real property in the District. The Special Tax was initially levied at the rate of 12.4 cents ($0.124) per square foot on the Square Footage all Improvements and $25 per parcel on all Unimproved Parcels (“Rate”). 

Cost Of Living Adjustment: Beginning with the 2021-22 tax year (the second year of assessment of the Special Tax), and each year thereafter, at the direction of the Board, the Rate may be increased from the Rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index – All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics. 

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2021, is 4.2 percent. 

POLICY/CODE:
Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020)

FISCAL IMPACT:
Revenues are projected to be $10,604,300 for FY 2022-23

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020) for FY 2022-23.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent    
FROM:  Rubén Aurelio, Associate Superintendent
DATE:  February 16, 2022     
SUBJECT: Contracts for Race-Work & Life Guardian (Washington Re-naming Project)

BACKGROUND INFORMATION: In the fall, Washington Elementary School as part of the work connecting to the Black Lives Resolution, was beginning the process of selecting a new name for its school. The process of renaming a school follows a clear board policy On June 10, 2020, the Berkeley School Board’s Resolution In Support of Black Lives Matter, included a commitment to change the names of Jefferson and Washington Schools, as they were named after slaveholders. In the case of George Washington, while he eventually freed many of the people he and his wife had held in bondage, owed his wealth to the enslaved labor of hundreds of human beings, signed the Fugitive Slave Act, and relentlessly pursued many enslaved people who attempted to escape. On June 23, 2020, a Virtual Town Hall was held at Washington to explain the renaming process.

On July 1, 2020, the Berkeley School Board officially voted to discontinue the names “Jefferson” and “Washington.” The Information item and board discussion and vote can be watched online beginning about minute 2:10:44 in the archived video. The presentation and documents are online as Board item 12.1.  

Jefferson Elementary was renamed first, in a process that took place from August to December 2020, following Board Policy 7310 for Facilities Naming and Renaming. The process, as described in the Jefferson Elementary renaming webpage, lead to the selection of a name honoring a distinguished educator, “Ruth Acty Elementary School.”

Last fall, the renaming process began for Washington Elementary. A renaming committee was formed and led by Natasha Beery. With the retirement of Ms. Beery in December, we are in need of support to complete the renaming process. As of this board meeting, the process has been extended by the board to be completed before the end of the school year. 

We ask that the board approve the contracts with Dr. Lori Watson of Race-Works and Dr. Courtlandt Butts of Life Guardian. They will facilitate the completion of the renaming process as well as provide both staff and the Washington community structured restorative conversations.  

POLICY/CODE:
BP 7310

FISCAL IMPACT:
Not to exceed $15,000 for the combination of the two consultant contracts from one-time general funds.

RECOMMENDATION:
Approve the contracts with Race Works and Life Guardian

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent    
FROM:  Rubén Aurelio, Associate Superintendent
DATE:  February 16, 2022     
SUBJECT: Contracts for Race-Work & Life Guardian (Washington Re-naming Project)

BACKGROUND INFORMATION: In the fall, Washington Elementary School as part of the work connecting to the Black Lives Resolution, was beginning the process of selecting a new name for its school. The process of renaming a school follows a clear board policy On June 10, 2020, the Berkeley School Board’s Resolution In Support of Black Lives Matter, included a commitment to change the names of Jefferson and Washington Schools, as they were named after slaveholders. In the case of George Washington, while he eventually freed many of the people he and his wife had held in bondage, owed his wealth to the enslaved labor of hundreds of human beings, signed the Fugitive Slave Act, and relentlessly pursued many enslaved people who attempted to escape. On June 23, 2020, a Virtual Town Hall was held at Washington to explain the renaming process.

On July 1, 2020, the Berkeley School Board officially voted to discontinue the names “Jefferson” and “Washington.” The Information item and board discussion and vote can be watched online beginning about minute 2:10:44 in the archived video. The presentation and documents are online as Board item 12.1.  

Jefferson Elementary was renamed first, in a process that took place from August to December 2020, following Board Policy 7310 for Facilities Naming and Renaming. The process, as described in the Jefferson Elementary renaming webpage, lead to the selection of a name honoring a distinguished educator, “Ruth Acty Elementary School.”

Last fall, the renaming process began for Washington Elementary. A renaming committee was formed and led by Natasha Beery. With the retirement of Ms. Beery in December, we are in need of support to complete the renaming process. As of this board meeting, the process has been extended by the board to be completed before the end of the school year. 

We ask that the board approve the contracts with Dr. Lori Watson of Race-Works and Dr. Courtlandt Butts of Life Guardian. They will facilitate the completion of the renaming process as well as provide both staff and the Washington community structured restorative conversations.  

POLICY/CODE:
BP 7310

FISCAL IMPACT:
Not to exceed $15,000 for the combination of the two consultant contracts from one-time general funds.

RECOMMENDATION:
Approve the contracts with Race Works and Life Guardian

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Pauline Follansbee, Asst Superintendent, Business Services

Re: Approval of Contract with Leadership Associates

Date: Feb 16, 2022

Effective June 30, 2022, the current Superintendent of BUSD will end his three year contract with the district. This contract with Leadership Associates permits the LA support the district's search for a new Superintendent. Activities performed by Leadership Associates will include recruitment, advertising, support with candidate selection, meeting and interview facilitation, and vetting.

Contract amount: $30,000

BERKELEY UNIFIED SCHOOL DISTRICT

To:               Brent Stephens, Ed. D., Superintendent

From:          Shawn Mansager, Executive Director of Special Education

Date:           February 16 2022

Subject:      Approval of Amendment of Master Contract for Heritage Schools, Inc 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 $178,550 from the Special Education Budget.

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:                        Rubén Aurelio, Associate Superintendent

                                   Wyn Skeels CTE Program   Supervisor

DATE:                         February 16, 2022   

SUBJECT:                  Approval of  Two Overnight Field Trips for BHS

BACKGROUND INFORMATION:

1) National Society of Black Engineers:

The BHS National Society of Black Engineers Jr. Chapter is hoping to send 8 - 10 active members to the National Conference. Students and Families will be informed regarding the most up to date Covid mitigation information and all BUSD and other Public Health Protocols will be adhered to.

Fiscal Impact: None. NSBE jr. Funded largely through a UCB Chancellor’s Community Partnership Grant Award

2) BHS First Robotics Team 5419 Competition

FIRST Robotics Competition, Port Hueneme, CA, March 9-12, 2022 Approve participation of 26 students, 1 teacher and 2 other adults on a four-day, three-night field trip to the PORT OF HUENEME. The group will depart BHS on a BUSD approved vendor chartered bus Wednesday, March 9th at 330 p.m. and return Saturday, March 12, 2022 (arriving at 12:00 a.m. March 13th.)

 FIRST Robotics Competition is the ultimate Sport for the Mind. High-school student participants call it “the hardest fun you’ll ever have.” Under strict rules, limited time and resources, teams of students are challenged to raise funds, design a team "brand," hone teamwork skills, and build and program industrial-size robots to play a difficult field game against like-minded competitors. Students will stay in supervised, gender-specific rooms at the Americas Best Value In Oxnard which is walking distance to the venue. Students and Families will be informed regarding the most up to date Covid mitigation information and all BUSD and other Public Health Protocols will be adhered to.   We are aware of various vendor Covid related cancellation policies.

Fiscal Impact: None. Team 5419 Club and Donor funds will cover most of the expenses. The cost is  $350 per student. No student will be denied access based on inability to pay.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:    February 16, 2022  

SUBJECT: Memorandum of Understanding with Elevo Learning for the Extended Learning Program

BACKGROUND INFORMATION:
Elevo Learning has been contracted to provide social emotional learning and sports programming for the Extended Learning Program for the 2021-2022 school year.  Elevo Learning provides coaches for identified Extended Learning sites.   

Board approval is needed to pay Elevo Learning up to the amount of $191,064 for the 2021-2022 school year.

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund. The proceeds of $191,064 will be generated through the Expanded Learning Opportunities grant. 

STAFF RECOMMENDATION:  
Approve payment to Elevo Learning for the Extended Learning Program for school year 2021-2022.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Superintendent

FROM:   John Calise, Executive Director of Facilities

DATE:         February 16, 2022

SUBJECT:  Approval of Resolution 22-032 to Establish the Tax Rate for the Facilities Safety and Maintenance Act of 2020 and Revenue Projection for 2022-23

BACKGROUND INFORMATION
The legislation establishing the Facilities Safety and Maintenance Act of 2020 (Measure H of 2020) authorizes the levy of a special tax as stipulated in Section 4 of the Measure. The revenues raised by the Measure are to be used to provide essential maintenance to all buildings and grounds of Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve safety and essential maintenance to all facilities.

Tax Rate: This Measure authorized the District to levy a special tax beginning July 1, 2020, and continuing for a period of ten (10) years (“Special Tax”) on Parcels of Taxable Real property in the District. The Special Tax was initially levied at the rate of 9.1 cents ($0.0910) per square foot on the Square Footage all Improvements and $20 per parcel on all Unimproved Parcels (“Rate”). 

Cost Of Living Adjustment: Beginning with the 2021-22 tax year (the second year of assessment of the Special Tax), and each year thereafter, at the direction of the Board, the Rate may be increased from the Rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index – All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics. 

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, 

as of December 1, 2020, was 2.0 percent, 

as of December 2021 is 4.2 percent 

POLICY/CODE
Facilities Safety and Maintenance Act of 2020 (Measure H of 2020)

FISCAL IMPACT
Revenues are projected to be $7,676,000 for FY 2022-23

STAFF RECOMMENDATION
Adopt the approved resolution setting the tax rate for the Facilities Safety and Maintenance Act of 2020 (Measure H of 2020) for FY 2022-23.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: February 16, 2022

SUBJECT: Facilities Plan Modifications:  Measure I Program Budget Adjustments

PURPOSE  

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

BACKGROUND  

The Board approved the Measure I Reallocation Plan budget in January 2018.  There have been additional plan updates as noted below. On January 23, 2019, May 29, 2019, September 4th, 2019, December 11th, 2019, February 19, 2020, April 22, 2020, May 6, 2020, and April 21, 2021, there were approved modifications to this plan. On April 21, 2021, the Board approved the latest revisions to the Measure I Program Budget.  At this time, it is appropriate to consider the following modification to the Measure I program budget.  Below is a high-level overview of the projects that are proposed by staff and have been vetted by the Facilities Subcommittee.  The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure I Program Budget worksheet.   

1. Increase the project budget for the necessary follow-on project to the West Campus Elementary School Modernization.  This follow-on project is to install the necessary gurney-sized elevator which will satisfy the Berkeley Fire Department requirements and will also streamline operations for Nutrition Services.  Additionally, this project will address several other issues that could not be addressed during the first phase of this project due to time and procedural constraints placed forth by the approving agency (DSA).   Some of the additional scope includes window replacement throughout building A, a new courtyard gated area outside building E on Addison Street, exterior painting, replacement of skylights in building E, and the mitigation of groundwater issues beneath buildings A & B. 

2. With the modernization of the cafeterias at John Muir and Cragmont being completed, it is appropriate to adjust the budget to reflect the true cost of the project.  These projects came in significantly under budget with no reduction in scope.  A savings and budget reduction of $3,372,593. is reflected on the program sheet and will be added back to the Measure I fund balance.

3. The West Campus Capacity project is now completed and it is appropriate to adjust the program budget worksheet to reflect the total project cost.  The budget for this project was authorized in December of 2019 on an emergency basis when the landslide deformation report for Oxford became available and the Board decided to move Oxford to West Campus.  At that time, there were conceptual additions made to the base scope and the Board authorized the Facilities department to continu with the project based on conceptual estimates only.  The total project cost for the West Campus Capacity Project was $23,168,389. and therefore requires an increase of $1,358,207 as reflected on the program work sheet.  These funds are deducted from the Measure I fund balance which still maintains a positive balance.

RECOMMENDATION 

Approve the Measure I program adjustments 

FISCAL IMPACT

Cost Neutral All costs are contained within Measure I.

RELATED PAST BOARD ITEMS  

None

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       February 16, 2022    

SUBJECT: Approval of a Contract with OnPoint Construction as a General Contractor for the West Campus Follow-On Project, and Resolution 22-033

BACKGROUND INFORMATION  

This is the continuation for the West Campus Improvements to Buildings A, B, E and G Project.  The scope of work includes adding an elevator to make the building G access compliant, adding a new mop sink in janitor’s closet, and two new roof maintenance ladders to building G. Retrofit of existing windows and waterproofing at exterior walls of building A. Adding new fencing gate, flagpole, and replacement of garden doors to the exterior of the site.  New exterior paint on the buildings. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       February 16, 2022    

SUBJECT: Approval of the Schematic Design of the King CDC Project

BACKGROUND INFORMATION  

The Board approved a project budget for King CDC on May 5, 2021 in the amount of $1,509,000.  Gelfand Partners has been working on the design of the project. 

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

$1,509,000 from the Measure G program budget. All costs are contained within the new project budget subsequently approved by the board

RECOMMENDATION

Approve the schematic design for the King CDC Project

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    February 16, 2022
SUBJECT: Board Workshop: Special Education

BACKGROUND INFORMATION:  The Executive Director of Special Education and staff will be walking the board of directors through a Special Education workshop. In tonight’s session, the board will hear and discuss the following items:

• Continuum of Special Education Services and Programmatic Details

• Data Snapshot

• Student and Site IEP Team Testimony

• Data Snapshot

• Areas of Growth

• Future Projects

POLICY/CODE (if any):

FISCAL IMPACT:$

RECOMMENDATION: 

TO:   Brent Stephens, Superintendent  
FROM:  Rubén Aurelio, Associate Superintendent
DATE:    February 16, 2022
SUBJECT: 2022 Supplement to LCAP Annual Update, Mid-Year Update, and Update on Budget Overview for Parents

BACKGROUND INFORMATION:  The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. The LCAP provides an opportunity for local educational agencies (LEAs) to share their stories of how, what, and why programs and services are selected to meet their local needs. 

Tonight the board will receive a presentation that shares the following items:

The Supplement to LCAP, Annual Update, and update on the Budget Overview for Parents. These updates must be presented in a public meeting of the board of directors by February 28, 2022.

POLICY/CODE (if any):

FISCAL IMPACT: $101,472,386 total budget listed in LCAP

RECOMMENDATION: Hear the Mid-Year Update, supplemental update, and budget overview of the LCAP

TO: School Board Directors 

FROM: Director Babbit

SUBJECT:  Letter to State Lawmakers re: K–12 Climate Literacy  Curriculum Funding

Warming temperatures and escalating climate disruption threaten our health, air quality, water, food, shelter, and economic security, posing an existential threat to humanity and the biodiversity of our world. Climate change is happening now and is especially impacting youth from Black, Brown, Asian, Indigenous, and low-income communities. 

With its unanimous vote committing to Climate Literacy last fall, the BUSD Board of Education has already shown that they understand that one of the most effective ways of reducing the impacts of climate change is to educate our youth on the causes and effects of climate change, and what can be done to address it. What is missing is sufficient funding for education administrators and teachers to fully and equitably implement climate change and environmental justice programs across all subjects for all students.

A broad coalition has come together to support climate change education (see  www.tinyurl.com/CAClimateLiteracy) to call on  lawmakers to fund this important work. Please vote to add the support of Berkeley Unified School District by signing on to this letter and calling for $200 million dollars to be allocated for state, county, and district implementation. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:    February 16, 2022  

SUBJECT: Memorandum of Understanding with LifeLong Medical for Rosa Parks Afterschool Program 

BACKGROUND INFORMATION:
LifeLong Medical Care has been the contracted fiscal agent for the Rosa Parks Collaborative, including the Rosa Parks Kids’ Village Afterschool Program since 2001.  LifeLong Medical manages all finances for the program, including all costs for the staff, supplies, equipment, and independent contractors. 

The Rosa Parks School Collaborative oversees the Afterschool Program as outlined in the Memorandum of Understanding between the District and the Collaborative. 

Funding for Rosa Parks Kids’ Village Afterschool Program comes from two sources: After School Education and Safety (ASES) grant and parent fees. The grant amount is based on meeting student attendance figures.

Rosa Parks Kids’ Village Afterschool Program will generate a total of $242,489.34 from grant allocations this school year.  Board approval is needed to pay LifeLong Medical/Rosa Parks Collaborative up to this amount of $242,489.34 for the 2021-2022 school year.

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund. The proceeds of $242,489.34 will be generated through the ASES grant. 

STAFF RECOMMENDATION:  
Approve payment to Rosa Parks Collaborative/LifeLong Medical Center for the Rosa Parks Afterschool Program for school year 2021-2022.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Dr. Brent Stephens, Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE :        February 16, 2022

SUBJECT:  P-1 School Average Daily Attendance and October Enrollment  Summaries 

BACKGROUND INFORMATION

The District submits three attendance reports to the California Department of Education each year. The first attendance report is referred to as P-1 and includes average daily attendance (ADA) calculated from September to December. The second attendance report is referred to as P-2 and includes ADA calculated from September to April. With the exception of Special Education ADA, the District receives its General Fund revenue based on P-2.  The final attendance report is referred to as P-annual and includes ADA calculated until the end of the year. The District receives its General Fund revenue for Special Education based on the P-annual.

Based on information provided from each school site and program, we are presenting a report on the P-1 reporting period and providing a comparison of the following information:

• Current average daily attendance (ADA) for the P-1 attendance reporting period and data from two years prior.
• Current school enrollment reports as reported in October of each year and data from two years prior.

The report reflects the variance between FY 2021-22 and FY 2019-20 for enrollment and ADA for General Education, Special Day Class (SDC), Independent Study (ISP) by school site, and Non-public School, Home and Hospital and Extended School Year (ESY).  FY 2020-21, attendance reports were not sent due to the Pandemic.

The analysis focuses on General Education Enrollment and ADA.  

Enrollment and Attendance Analysis

Enrollment decreased from 2019-20 to 2021-22 by 667 students, with the highest decreases at Willard by 101 students and Malcolm X by 79 students. All of the schools except Sylvia Mendez have seen a drop in student enrollment.

ADA decreased by 652 students from the year 2019-20. Our largest decreases were at Willard and Malcolm X which are at 99 and 93 respectively. Overall ADA enrollment percentage decreased by 2.9%.  

POLICY/CODE

Board Policy:    5113

FISCAL IMPACT

Based on P-1 reporting numbers and October enrollment, attendance decreased by 652 students and enrollment by 667 when compared to the year 2019-20. 

Attendance for 2021-22 is based on the 2019-20 data based on the hold- harmless clause in the Governor’s 2021-22 enacted budget, and education code.  

STAFF RECOMMENDATION

Receive this October enrollment and P-1 average daily attendance summary reports for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent

FROM: Kathy Fleming, Director of Local Resources

DATE: February 16, 2022

SUBJECT: First Interim Report of Revenue and Expenditures in FY 2021-22 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Measure A) 

The BSEP First Interim report provides a summary of the budgeted revenues and expenditures based on the allocations to each of the restricted Resources within the Fund, organized according to the structure of BSEP Measure E1 of 2016 and BSEP Measure A of 2006. 

Revenue and Expenditures

In FY 2021-22, BSEP revenue is projected to total $33,420,002, which represents 19.1% of the District’s General Fund budget. This is an increase of $490,302 over the prior year, primarily due to a 2.0% Cost Of Living Adjustment (COLA) as permitted by the Measure. 

Projected expenditures of $20,814,546 and transfers to the General Fund of $16,522,828 (this includes the VAPA release-time transfer to the General fund of $258,028) bring the total BSEP budgeted expenditures for 2021-22 to $37,337,374, an increase of $1,012,528 over the prior year. 

Indirect Costs

The Indirect Cost rate for 2021-22 is 5.42% and is calculated by a formula determined by the State. The rate is applied to BSEP expenses and transfers, and is projected to total $1,795,618.  These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

Reserves and Fund Balances

BSEP maintains a 3% reserve as required by the State. During the budgeting process, each Resource carries an unallocated reserve as a contingency to allow for variances in personnel expenditures (salary and benefits). The fund balances remaining from BSEP Measure A of 2006 and the fund balances from the current BSEP Measure E1 of 2016 are both held in separate Resources in Fund 4, and are managed in accordance with the specific terms of the Measure through which the revenues were obtained.

Measure E1 Fund Balances are maintained in each Resource of Fund 4 to meet projected program needs through the life of the current Measure, which will expire in 2024-25. The Fund Balances in the Site Program Resource (0852/0752) remain with the budgets allocated to each BUSD Site for expenditure according to the School Plan for Student Achievement, with prior year carryover available for one-time needs in accordance with the plan.

The BSEP Measure E1 budget model forecasts the need to provide fund balance reserves to meet the expectations of rising costs, particularly in the High Quality Instruction Resource, 0741, which provides for the costs of class size reduction by paying for 30% of BUSD classroom teachers. Due to increased revenues, the fund balance in that Resource has grown beyond initial projections, and is available to meet additional program needs. Planned deficit spending continues to draw down on fund balances in multiple resources.

Measure A Fund Balances are available for expenditure in accordance with the terms of the prior 2006 Measure, and are being managed to support one-time expenditures and deferred needs. Fund balances in Measure A were drawn down significantly in 2019-20, with one-time funding provided for several positions at Berkeley High School, purchases made for instruments needed for the Music program, and Chromebook expenses, which eliminated the balance in the Technology Resource. For 2021-22, expenditures totalling $392,316 continue to draw down the funds across multiple resources, particularly in Music/VAPA for needed instrument purchases and repairs.

POLICY/CODE

Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)

Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)

FISCAL IMPACT

BSEP budgeted expenditures are expected to total $37,337,374 from Measure E1 and $392,316 from Measure A, for a projected total of $37,729,690 for 2021-22.

STAFF RECOMMENDATION

Review and accept the First Interim Report for FY 2021-22 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Measure A) 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent

FROM: Kathy Fleming, Director of Local Resources

DATE: February 16, 2022

SUBJECT: First Interim Report of Revenue and Expenditures in FY 2021-22 of the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (BERRA Measure E)  

The BERRA First Interim report provides a summary of the budgeted revenues and expenditures based on the allocations to each of the Resources within the Fund, organized according to the structure of BERRA Measure E of 2020. 

Revenue

The 2021-22 Fiscal Year is the second year of the BERRA measure, which was passed by the voters of Berkeley in March, 2020 in order to recruit and retain qualified teachers and staff for the Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve Berkeley public school educator salaries and address hard-to-staff positions. 

For the second year of this 12 year measure, revenues are projected to total $10,201,900 which represents 6% of the District’s General Fund budget. 

Unrestricted Funds, Oversight, and Expenditures

Ninety-five percent (95%) of Available Revenues from the BERRA measure are to be dedicated to supplementing the salaries of District Educators, and five percent (5%) are to be dedicated to providing programs designed to strengthen recruitment, retention and development strategies for certificated and classified District personnel, especially in hard-to-fill positions. 

In order to determine the Available Revenues of the Measure, funds are first set aside in an “unrestricted” resource to meet the charges for services provided by the County of Alameda and the City of Berkeley for the preparation and collection of the tax, legal and audit fees, and to maintain a 3% reserve as required by the State. One percent (1%) of the remaining revenues ($99,659) are set aside for costs related to planning, monitoring, evaluating and reporting the use of these funds, providing support for staffing the oversight committee and attendant purposes. 

Revenues totalling $9,372,922 for educator salaries are projected, of which $8,218,973 are planned for expenditure. The 5% set aside for programs and expenses related to recruitment and retention for hard to fill positions, is projected at $467,916, of which $438,420 is planned for expenditure.

Indirect Costs

The budget for 2021-22 sets aside funds for The Indirect Cost rate for 2021-22 is 5.42% and is calculated by a formula determined by the State. The rate is applied to BERRA expenses and transfers, and is projected to total $448,092. These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

POLICY/CODE

Berkeley Public Schools Educator Recruitment and Retention Act of 2020

FISCAL IMPACT

BERRA budgeted expenditures are expected to total $8,984,325

STAFF RECOMMENDATION

Review and accept the First Interim Report for FY 2021-22 of the Berkeley Public Schools Educator Recruitment and Retention Act of 2020

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.