page 1 of 8 - berkeley unified school district · 3.1-i web access of attendance and grades 8:30 pm...

of 8

Berkeley Unified School District

Office of the Superintendent2134 Martin Luther King Jr. Way

Berkeley, CA 94704-1180Phone: (510) 644-6206 Fax: (510) 540-5358

BOARD OF EDUCATION – MEETING AGENDA*

Wednesday, October 24, 2007

Call to Order The Presiding Officer will call the Meeting to Order at 5:30 p.m., recess to Closed Session at 5:35 p.m. and reconvene in Public Session by 7:30 p.m.

Roll CallMembers Present:

Joaquin J. Rivera, PresidentJohn Selawsky, Vice PresidentKaren Hemphill, DirectorShirley Issel, DirectorNancy Riddle, DirectorRio Bauce, Student Director**

Administration: Superintendent Michele Lawrence, SecretaryJavetta Robinson, Deputy SuperintendentNeil Smith, Assistant Superintendent of Educational ServicesLisa Udell, Assistant Superintendent of Human Resources

Prior to Closed Session, as necessary, staff/employee comments are taken per Government Code Section 54957Recess to Closed Session (Government Code Sections 3549, 1(d), 54956.9(a) and 54957) and Education Code Section 49819(c)

a) Conference with Legal Counsel – Existing Litigation/Anticipatedb) Consideration of Student Expulsions

A report will be provided on the progress and status of previously expelled students in 2005-06 and 2006-070607-59-072792 0607-51-0212920607-58-081492 0607-39-0526950607-47-062192 0607-49-0928930607-24-110190 0607-38-0816940607-41-052492 0607-57-0814920607-08-081493 0607-46-062294

c) Collective Bargainingd) Public Employee Discipline/Dismissal /Release/Evaluatione) Public Employment /Appointmentf) Liability Claimsg) Property Acquisition* Board agenda posted on District website: www.berkeley.k12.ca.us

of 8

** The Student Director does not attend Closed Session

The Berkeley Unified School District intends to provide reasonable accommodations in accordance with the Americans with Disabilities Act of

1990. If a special accommodation is desired, please call the Superintendent’s Office 48 hours prior to the meeting at 510-644-6206

CALL TO ORDER

Report Closed Session actions

Approve the Regular Meeting Agenda of October 24, 2007

Teaching and Learning PresentationSuzanne McCulloch, Visual and Performing Arts Coordinator, on the 4th and 5th grade Music Program and the Arts Anchor School

PUBLIC TESTIMONYPersons wishing to address the Board should fill out a card located on the table by the door and submit the completed card to the Board Recorder. Speakers will be selected by lottery. The Public Testimony is limited to 30 minutes – 3 minutes per speaker. Speakers with the same concerns are encouraged to select a spokesperson to address the Board.

Union Representatives’ ReportsSuperintendent’s ReportBoard Members’ Reports

CONSENT ITEMSThese items are considered routine and may be enacted by a single motion. Any items needing discussion may be moved to the appropriate section of the agenda upon the request of any member of the Board.

PAGE

of 8

General Services

1.1-CApproval to Schedule Special Board Meeting

Personnel Services

2.1-CApproval of Personnel Report

2.2-CApproval of MOUs for Student Interns and Practice Teachers

Educational Services

3.1-CApproval of Field Trips

3.2-CApproval of New ELD Textbook at BHS

3.3-CApproval of MOU between BUSD and Newark Unified School District

Business Services

4.1-CApproval of Contracts/Purchase Orders for Services

Staff Recommendation:Approve Special Board Meeting for January 16, 2008 to receive data presentation

Staff Recommendation:Approve Personnel Report No. 07-17 indicating changes in personnel status by Berkeley employees throughout the District

Staff Recommendation:Approve Memorandums of Understanding with colleges and universities to secure student teachers and teacher interns

Staff Recommendation:Approve overnight field trips and ratify field trip to CazaderoPerforming Arts Camp for middle school students

Staff Recommendation:Accept “Visions” as a new textbook for ELD at BHS for adoption consideration

Staff Recommendation:Approve MOU between BUSD and Newark Unified to provide new teacher training (BTSA)

Staff Recommendation:Authorize Deputy Superintendent and/or Purchasing Agent to execute contracts and purchase orders

9

10

17’

18

20

21

22

of 8

4.2-CApproval of Listing of Warrants Issued in September 2007

4.3-CApproval of Payroll Warrants Issued in September 2007

4.4-CApproval of Resolution No. 08-16 to Accept the East Campus Field Project

4.5-CApproval of ADA Transition Plan

Staff Recommendation:Approve listing of warrants issued in September 2007

Staff Recommendation:Approve payroll warrants issued in September 2007

Staff Recommendation:Approve Resolution No. 08-16 to accept the East Campus Field Project

Staff Recommendation:Approve ADA Transition Plan

24

27

28

30

ACTION ITEMSThese items are presented for action at this time. Some may have been reviewed at a previous meeting.

General Services

1.1-AApproval of Board Policy 5145.3

1.2-AApproval of Board Policy 5030.2

Personnel Services

9:00 pmOpen Public Hearing on Item 2.1-AClose Public Hearing on Item 2.1-A

2.1-ABerkeley Council of Classified Employees, Local 6192

Board Policy Subcommittee Recommendation:Approve Board Policy 5145.3 – Non Discrimination/Harassment

Board Policy Subcommittee Recommendation:Approve Board Policy 5030.2 – Student Health and Social Services

Staff Recommendation:Provide for public comments and accept the proposals for negotiations from BCCE

31

35

38

of 8


9:15 pmOpen Public Hearing on Item 3.1-AClose Public Hearing on Item 3.1-A

3.1-AApproval of Resolution for Grades K-12

Business Services

4.1-AApproval of Resolution No. 08-15 Tax and Revenue Anticipation Notes (TRANS)

Staff Recommendation:Provide for public input and adopt the Resolution for Grades K-12 Textbook and Instructional Materials compliance for Fiscal Year 2007-08

Staff Recommendation:Approve Resolution No. 08-15 Tax and Revenue Anticipation Notes (TRANS)

49

51

CONFERENCE ITEMSThese items are submitted for advance planning and to assist the Board in establishing future agenda items. The Board may, however, take action.

General Services

1.1-CFAppointees to Youth Commission

Staff Recommendation:Discuss appointments to Youth Commission

62

INFORMATION ITEMSThese items are intended to keep the Board informed on various District business matters, which do not require action by the Board.


8:15 pm3.1-IWeb Access of Attendance and Grades

8:30 pm3.2-IBerkeley High School Advisory Program

Staff Recommendation:Receive report on web access of attendance and grades for parents and families

Staff Recommendation:Receive input from Board of Education on BHS Program Advisory Program

63

64

of 8

3.3-IClass Size Report

3.4-IWilliams Case Settlement Report

Business Services

4.1-IAccessibility Report

4.2-IFacilities Construction Financial Update

4.3-IUpdate on West Campus

Staff Recommendation:Accept the K-12 Class Size Report as information

Staff Recommendation:Receive the quarterly report on Williams’ complaints received since July 1, 2007 as information

Staff Recommendation:Receive the Accessibility Report as information

Staff Recommendation:Receive the Facilities Construction Financial Update report as information

Staff Recommendation:Receive update on West Campus as information

69

90

91

96

109

ADDITIONAL ACTION ITEMApproval of October 10, 2007 Minutes

EXTENDED PUBLIC TESTIMONY

ANNOUNCEMENTS

Schedule of Board of Education Meetings for 2007

November 14December 12 - organizational

ADJOURNMENT

Board of Education Meetings are broadcast live on KPFB/FM 89.3Berkeley Government Access Channel 33

Guidelines for SpeakersYou are invited to participate in Meetings of the Board of Education and make your views known at these meetings.

WHEN YOU WANT TO TALK ABOUT AN AGENDA ITEM OR A NON-AGENDA ITEM:

of 8

Please fill in a REQUEST TO ADDRESS THE BOARD OF EDUCATION CARD and give it to the Board Secretary. Speakers will be selected by lottery. Your card must be submitted before the Presiding Officer calls for PUBLIC TESTIMONY.

You will be called to speak by the Presiding Officer. A Speaker has three minutes in which to make his/her remarks.

Any subject related to the District or its educational programs is welcome at the Board of Education Meetings. However, we respectfully ask that matters pertaining to individual employees of the Berkeley Unified School District be discussed in private. There is an established procedure for making such complaints. You may obtain information about this procedure from a school or from the Superintendent’s Office.

of 8

MISSION AND GOALSOF THE BERKELEY UNIFIED SCHOOL DISTRICT

MISSION STATEMENTThe mission of the Berkeley Unified School District, a diverse community deeply committed to public education, is to ensure that all students discover and develop their special talents, achieve their educational and career goals, become life long learners, and succeed in a rapidly changing society by:

empowering students, parents and staff, providing a strong standards based curriculum, and offering alternative learning experiences in a racially integrated, multilingual

environment.

VISIONBerkeley Unified School District creates a system that enables every student, including those with diverse needs, to meet or exceed rigorous standards for academic performance. All students will develop the attitudes, skills and habits of mind needed to succeed in and beyond the classroom. The members of this school community share a vision of educational excellence, an appreciation for the partnerships with local government agencies, community based organizations, businesses, institutions of higher education and will work collaboratively to realize this vision.

PERFORMANCE GOALS

1. Increase the academic achievement of all students through effective instruction and a challenging and engaging curriculum

2. Implement interventions that address barriers to student learning in order to meet the needs of the whole child

3. Establish and maintain the culture and governance necessary to support an environment conducive to learning

1.1-A

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of EducationFROM: Board Policy SubcommitteeDATE: October 24, 2007SUBJECT: Board Policy 5145.3

BACKGROUND INFORMATION The student nondiscrimination policy has been expanded and modified toinclude other aspects, characteristics and social profiles of the student population we serve. Specifically the policy now addresses gender differences, including transgender and gender non-conforming students,and guards against bias and stereotyping of students based on gender. The policy encourages curriculum, instruction and activities that are inclusive of all types of students and their families, and prohibits harassment in any form. It was approved for First Reading on October 10, 2007 and is being presented for formal approval.

POLICY/CODEBP and AR 9310

FISCAL IMPACTNone

BOARD POLICY SUBCOMMITTEE RECOMMENDATIONApprove Board Policy 5145.3

1.1-A

Berkeley USDBP 5145.3 Students

Nondiscrimination/Harassment

Philosophy and BeliefsDistrict programs and activities shall be free from discrimination andharassment of students with respect to their actual or perceived sex, gender, transgender or gender-non conforming, socio-economic status, their race, color, religion, ancestry, national origin, ethnic group identification, physical or mental disability, age, sexual orientation, martial or parental status.

Members of the school community are expected to treat each other with dignity and mutual respect and to honor the rich diversity that makes up the community. Disrespect among members of the school community is disruptive to the learning environment and potentially damaging to students’ well-being, self-esteem and academic achievement. Students should therefore treat all persons equally and respectfully and refrain from the willful or negligent use of slurs against any person based on actual or perceived sex, gender, race, color, religion, ancestry, national origin, ethnic group identification, marital or parental status, physical or mental disability, age, or sexual orientation. Discrimination or harassment can take many forms, formal or informal, verbal, visual, written or physical, and as such, is prohibited at all times.

The Governing Board shall ensure equal opportunities for all students in admission and access to the educational program, guidance and counseling programs, athletic programs, testing procedures, and other activities curricular or co-curricular. School staff and volunteers shall carefully guard against segregation, bias and stereotyping in the delivery of all services and programsand respond appropriately to ensure schools are free from discrimination and harassment.

The Governing Board recognizes that students’ respect for, and understandingof, the various, diverse and wide variety of family structures within our community can help to eliminate discrimination and harassment within the school. As such, curriculum,instruction and activities that promote the inclusion of all types of students and families should be encouraged and welcomed.

Procedures and ProcessStudents who harass other students shall be subject to appropriate discipline, up to and including counseling, suspension and/or expulsion. An employee who permits or engages in harassment may be subject to disciplinary action, up to and including dismissal.

1.1-A

The Board prohibits intimidation or harassment of any student by any employee, student or other person in the district. Staff shall be alert and immediately responsive to student conduct which may interfere with another student's ability to participate in or benefit from school services, activities or privileges and to bring to the attention of school personnel the instances of discrimination. Harassment complaint forms and complaint procedures will be available at every school site.

Any student who feels that he/she is being harassed should immediately contact either the nondiscrimination coordinator or the principal or designee. If a situation involving harassment is not promptly remedied by the nondiscrimination coordinator, principal or designee, a complaint may be filed with the Superintendent or designee who shall determine which complaint procedure is appropriate.

The Board hereby designates the following position(s) as Coordinator(s) for Nondiscrimination:

Director of Student Services2134 Martin Luther King, Jr. WayBerkeley, CA 94704(510) 644 6315

Facilities and AccommodationsThe schools shall provide male and female students with separate shower rooms in order to protect student modesty. In physical education, when objective standards have an adverse effect on students because of any of the factors listed in the first part above, other standards shall be used to measure achievement and create comparable educational opportunities. Step should be taken by all staff to recognize the consistently asserted gender differences of students who are transgender and non-conforming, and protect and ensure their safety while in school.

Legal Reference:EDUCATION CODE200-262.4 Prohibition of discrimination on the basis of sex, especially:221.5 Prohibited sex discrimination221.7 School-sponsored athletic programs; prohibited sex discrimination48900.3 Suspension or expulsion for act of hate violence48900.4 Suspension or expulsion for threats or harassment48904 Liability of parent/guardian for willful student misconduct48907 Student exercise of free expression48950 Freedom of speech49020-49023 Athletic programs51006-51007 equitable access to technological education programs

1.1-A

51500 Prohibited instruction or activity51501 Prohibited means of instruction60044 Prohibited instructional materialsCIVIL CODE1714.1 Liability of parents/guardians for willful misconduct of minorCODE OF REGULATIONS, TITLE 54621 District policies and procedures4622 Notice requirementsPENAL CODE422.55 Interference with constitutional right or privilegeUNITED STATES CODE, TITLE 422000d-2000e-17 Title VI & VII Civil Rights Act of 1964 as amended2000h-2-2000h-6 Title IX, 1972 Education Act AmendmentsCODE OF FEDERAL REGULATIONS, TITLE 34100.3 Prohibition of discrimination on basis of race, color or national origin104.7 Designation of responsible employee for Section 504106.8 Designation of responsible employee for Title IX106.9 Notification of nondiscrimination on basis of sexCOURT DECISIONSFlores v. Morgan Hill Unified School District, (2003) 324 F.3d 1130

BERKELEY UNIFIED SCHOOL DISTRICTAdopted: May 5, 2004 Berkeley, CaliforniaRevised: February 1, 2006Revised:

1.1-C


TO: Board of EducationFROM: Michele Lawrence, Superintendent DATE: October 24, 2007SUBJECT: Special Board Meeting

BACKGROUND INFORMATION In response to the Board’s request to receive a data analysis presentation, we are requesting that a Special Board meeting to present data be scheduled for January 16, 2008. This will allow opportunity to modify goals, if necessary, before school plans are developed or make budget modifications to reflect student needs.

POLICY/CODENone

FISCAL IMPACTNone

STAFF RECOMMENDATIONApprove addition of Special Board meeting

1.1-CF


TO: Board of EducationFROM: Michele Lawrence, SuperintendentDATE: October 24, 2007SUBJECT: Discussion of Appointees to Youth Commission

BACKGROUND INFORMATIONAt the October 10 Board meeting, the Board appointed a Subcommittee composed of Directors Hemphill and Selawsky to speak to each candidate by phone and to return with recommendations for the rest of the Board. The Subcommittee members will discuss their results.

POLICY/CODENone

FISCAL IMPACTNone

STAFF RECOMMENDATIONDiscussion of appointees to Youth Commission

1.2-A


TO: Board of EducationFROM: Board Policy SubcommitteeDATE: October 24, 2007SUBJECT: Board Policy 5030.2

BACKGROUND INFORMATION This policy is being presented by the Board Policy Subcommittee to support our emphasis on the whole child by collaborating with other mental health and social service providers that offer integrated services. It allows us the option of becoming a billing agent and therefore eligible for reimbursement through Medi-Cal. To further encourage students’ access to health care services, we propose to develop and implement outreach strategies to identify eligible students. It was approved for First Reading on October 10, 2007 and is being presented for formal approval.

POLICY/CODEBP and AR 9310

FISCAL IMPACTNone

BOARD POLICY SUBCOMMITTEE RECOMMENDATIONApprove Board Policy 5030.2

1.2-A

Berkeley Unified School District BP 5030.2 Students

Student Health and Social ServicesThe Governing Board recognizes that good physical and mental health is critical to a student's ability to learn and believes that all students should have access to comprehensive health and social services. The Board desires to collaborate with local and state health, mental health and social service providers in order to offer integrated services at or near district schools. The district may provide, in partnership with other agencies, preventive, diagnostic, therapeutic and/or rehabilitative health services on an outpatient basis at school sites.

The District, by Welfare and Institutions Code 14132.47, may become a billing agent and be reimbursed through the Medi-Cal Administrative Activities (MAA) program for some of their administrative costs and health services provided to an enrolled student under age 22. Therefore the district shall serve as a Medi-Cal or other insurance provider to the extent feasible, and comply with all related legal requirements in seeking reimbursement of costs to the extent allowed by law.

To further encourage students' access to health care services, the Superintendent or designee shall develop and implement strategies for outreach and enrollment of eligible students from low- to moderate-income working families in affordable, comprehensive state or federal health coverage programs and local health initiatives.

Legal Reference:

EDUCATION CODE 8800-8807 Healthy Start support services for children 49073-49079 Privacy of student records 49423.5 Specialized physical health care services GOVERNMENT CODE 95020 Individualized family service plan WELFARE AND INSTITUTIONS CODE 14124.90 Third-party health coverage 14132.06 Covered benefits; health services provided by local educational agencies

1.2-A

14132.47 Administrative claiming process and targeted case management CODE OF REGULATIONS, TITLE 10 2699.6500-2699.6815 Healthy Families Program CODE OF REGULATIONS, TITLE 17 2951 Testing standards CODE OF REGULATIONS, TITLE 22 51009 Confidentiality 51050-51190.5 Definitions of Medi-Cal providers and services 51200 Requirements for providers 51231.2 Wheelchair van requirements 51270 Local educational agency provider; conditions for participation 51309 Psychology, physical therapy, occupational therapy, speech pathology, audiological services 51323 Medical transportation services 51351 Targeted case management services 51360 Local educational agency; types of services 51491 Local educational agency eligibility for payment 51535.5 Reimbursement to local educational agency providers UNITED STATES CODE, TITLE 20 1232g Family Educational and Privacy Rights Act (FERPA) CODE OF FEDERAL REGULATIONS, TITLE 45 164.500-164.534 Health Insurance Portability and Accountability Act (HIPAA)

Adopted:

2.1-A


TO: Michele Lawrence, SuperintendentFROM: Richard J. Dodson, Labor Relations DirectorDATE: October 24, 2007SUBJECT: Berkeley Council of Classified Employees, AFT Local 6192,

AFL-CIO (BCCE) New Contract Proposals

BACKGROUND INFORMATIONThe term of the last collective bargaining agreement between Berkeley Unified School District and the Berkeley Council of Classified Employees, AFT Local 6192, AFL-CIO (BCCE), expired June 30, 2007. BCCE has requested that bargaining commence on a successor agreement. Attached hereto and presented for Board consideration and public review and hearing, as required by law, are the articles and areas to be discussed at the collective bargaining table for the Berkeley Council of Classified Employees. This “Sunshine” of what is to be negotiated must be presented before collective bargaining can begin.

POLICY/CODEGovernment Code section 3543.2 and 3547

FISCAL IMPACTNone

STAFF RECOMMENDATIONConduct public hearing and Sunshine BCCE contract proposal fornegotiations.

2.1-A

BCCE CONTRACT PROPOSALS

New Language: UnderlinedDeleted Language: Strikethrough

4.1.11 BCCE has the right to use the intra-district mail and electronic mail systems.

(a) Each BCCE member shall have a mailbox at his/her primary workplace.

4.2.2 All employees in the bargaining unit shall, as a condition of employment, have dues or an Agency or Fair Share Fee deducted from their salary starting with their first pay warrant. In no case shall the Agency Fee be greater than periodic dues and general assessments of the Union. The employee’s pay warrant shall clearly denote whether the amount deducted is for Union dues or an Agency or Fair Share Fee.

6.12 Complimentary or laudatory letters may be included in personnel files.

8.1 The total salary increase for BCCE unil members for Fiscal Year 2007-2008 shall be 5.00% retroactive to July 1, 2007.

8.2 Salary Range, step, FTE and hourly wage shall be presented in writing to each new employee (a) upon hire, and (b) on every July 1 thereafter.

9.1.5 Early Retirement

(b) After age 65, a retired employee may enroll in a District medical plan for the employee and/or his/her dependents, with the premium paid in advance by the retiree, provided the carrier provides such coverage. This provision applies to the employee only.

9.5 In Lieu Benefits

Employees who demonstrate alternate medical plan coverage may elect to have 80% 60% of the District’s contribution directed into

2.1-A

an annuity fund added to monthly salary. The amount of such contribution shall be calculated at the rate which the District would have contributed for the employee only, under the Kaiser Health plan at the premium rate established as of December 1October 1. Employees exercising this option must submit written notification to the Business Benefits Office thirty (30) days prior to the discontinuance of health plan coverage. Employees who wish to reactivate health plans may not do so until the next open enrollment period which is currently the month of Novemberunless a qualifying life event occurs allowing medical plan changes.

9.8.1 Effective July 1, 1991 2007, the meal allowance rates shall increase as follows:…………………………………………………… Breakfast….$8$7…Lunch…..$12$10……Dinner…$25$16

May not exceed $45$33 per day.

Out of town trips do not include: Alameda, Albany, El Cerrito, Emeryville, Kensington, Oakland, Piedmont, Richmond and San Pablo.

9.10 Errors in Payment

9.10.3 A payroll overpayment shall be repaid to the District over the same period of time the error occurred unless other arrangements are made with the Director of Classified Personnel ordesignee.

When the District believes there has been a payroll overpayment and/or a withholding underpayment on the employee’s pay warrant(s), the District shall contact the employeein writing explaining the error(s) in payment and giving the employee the opportunity to arrange for a repayment plan with the Director of Classified Personnel or designee. In no event shall the District withhold a payroll overpayment and/or a withholding underpayment from subsequent pay warrants without the expressed authorization of the employee involved or an order from a court of competent jurisdiction mandating such withholding. The Union shall be informed in advance of any payroll deductions for alleged overpayments in salary and/or underpayments in withholding amounts.

9.11 Longevity Merit

2.1-A

6 years of service $5710 years $62 $56.6615 years $69 $62.0020 years $79 $68.4125 years $106 $79.11

30 years $135 $106.90

9.12.1 Professional Growth

(a) $40 $50 per month for each 9 semester units of approved credits

(b) A maximum of 7 10 - $40 $50 awards…..with a maximum total award of $280 $500 per month.

9.12.4 Certain Berkeley Adult School courses shall be pre-approved for professional growth values.

9.13 State Disability Insurance Benefits

9.13.4 The District will make every effort to notify employees of their right to apply for these benefits by choosing from among the following Employee Options. There are three options available to employees who are otherwise eligible for SDI or FTDI benefits which are as follows:

[snip]

Disability checks received from SDI or FTDI must be endorsed by the employee to the District if the employee selects the option to integrate SDI or FTDI benefits with paid accruals. SDI or FTDI regulations shall apply to the integration plan.

If the employee selects the option to integrate SDI or FTDI benefits with paid accruals, the employee receiving SDI or FTDI disability checks shall inform the Payroll Manager or designee of the amount of such checks so the employee’s paid leave usage and District pay can be reduced accordingly. In the event that the employee receives SDI or FTDI Disability payments covering the same period of time as the employee is receiving full District paid leave the employee and District shall meet and confer to arrange an appropriate repayment plan. It is the intent of this

2.1-A

section that the employee who selects the option to integrate SDI or FTDE benefits with paid accruals not receive more in District pay before deductions than the employee would receive if working or on full District paid leave.

9.14 Accrual of Vacation and Sick Leave

The employees shall continue to accrue vacation and sick leave in accordance with the contract and State law as long as they continue in a paid status with the District. The District shall credit sick and vacation leave for 10 and 11 month employees who work the Summer recess period at a rate of .006153 days vacation and .006153 days sick leave for each hour worked on a timesheet during the Summer recess period. Leave credits will be given to the employee no later than November 1 during the school year beginning after the Summer recess period worked.

9.17 Each employee may shall be granted a maximum of one (1) two (2)emergency advances per fiscal year. Such advances may only be drawn against earned income and, in all cases, the amount advanced shall be fully deducted from the employee’s next regularpaycheck. During Summer recess, such advances may be drawn against hours worked in an interim placement. The District shall provide a written explanation if such a request is denied.

9.19 Children of unit members who live outside the District shall have the right to attend Berkeley schools.

10.1.2 Permanent Increases

(a) An employee who works a minimum of 30 minutes per day in excess of his or her part-time assignment for a period of 20consecutive working days or more, shall have the permanent assignment changed to reflect the longer hours worked in order to acquire retirement and fringe benefits on a properly prorated basis.

(b)When an existing permanent position is assigned increased work time per day, the employee in the same class working less than the new total number of hours per day with the greatest seniority at the site where the adjustment is being made shall be offered the position with the increased work time. If the employee with the greatest seniority prefers to remain at the same hours per day and prefers no increase in time, the adjustment will then be offered to the employee in the next order of seniority in that class at the site.

2.1-A

If no one at the site prefers the increased time, it will be made subject to the transfer policy as set forth in this Agreement.

10.1.3 Lunch Periods

All employees in the units covered by this agreement shall be entitled to an uninterrupted duty free lunch period. The length of time for such period shall be for a period of no longer than one hour nor less than one-half hour and shall be scheduled for all employees who work five (5) hours or more, at or about the midpoint of each work shift.

10.1.4 Rest Periods

All bargaining unit employees shall be granted duty free rest periods which insofar as practicable shall be in the middle of each work period at the rate of fifteen (15) minutes per 3 3/4 hours worked or major fraction thereof. One rest period of a total of 30 minutes on evening shifts may be scheduled. Other arrangements may be made with mutual agreement, but in no case shall the breaks total more than thirty (30) minutes per work shift. Break time for part-time employees shall be at the following rates:

10.1.5 Exceptional Work Days

When an employee of these units is assigned to a field trip or otherwise assigned thereby preventing his/her uninterrupted duty free lunch and/or granted assignedduty free rest breaks due to such an assignment, the employee shall be allowed to reduce his/her normal work day with no loss of pay, the same amount of actual time which would have otherwise been granted if the employee had not been on a field trip assignment, as granted by 10.1.3 above. The release time shall be granted within five (5) working days if requested by the employee. If taken on a day other than the day this occurred, release time shall be taken in 1-1/2 time. Earned comp time off shall be by mutual agreement between the employee and the supervisor paid on an overtime basis for all such time missed for duty free rest breaks and/or an uninterrupted duty free lunch period. In the event that the employee cannot take an uninterrupted duty free lunch because of such assignment, it shall be the responsibility of the District to provide the employee an on duty lunch period

2.1-A

whereby the employee has the opportunity to consume a meal.

10.2.1 Overtime

10.2.2 Compensation for overtime work shall be either in cash or, if the employee so requests at the time the overtime is assigned, in compensatory time off. At the time that the overtime is assigned, the supervisor, after considering the employee’s preference, will indicate whether the employee will be compensated in cash or in compensatory time off. If the supervisor refuses to grant the compensatory time off in lieu of cash payment, the overtime may be declined by the employee.

10.2.3 Payment

Compensation in cash shall be at a rate equal to one and one-half (1 ½) times the employee’s regular rate of pay for the overtime work in any shift lasting twelve (12) hours or less. Overtime worked beyond the twelfth hour in any shift shall be compensated at a rate equal to two (2) times the employee’s regular rate of pay. Said cash compensation shall be added to the employee’s next regular check paid to the employee on the next mid-month pay warrant.

10.8 Split-Shift Differential

10.8.1 Split-shift differentials apply to all employees in the bargaining unit who have a scheduled gap of more than one hour in their regularly scheduled work assignment.

10.8.2 Split-shift differentials will be as follows:

(a) An employee working less than five (5) hours per day receives one hour split-shift differential.

(b) An employee working more than five (5) hours but less than seven (7) hours per day receives ¾ hours split-shift differential.

(c) An employee working seven (7) or more but less than seven and one half (7 ½) hours per day will receive the amount of split shift differential time to bring his/her work day to 7 ½ hours or the equivalent

2.1-A

in premium pay of one hour’s pay at the prevailing state minimum wage, whichever is greater.

(d) An employee working seven and one half (7 ½) hours per day shall be paid premium pay of one hour’s pay a the prevailing state minimum wage as a split shift differential.

11.2.2 Sick Leave

(g)(3) No employee may be required to make more than one phone call to report an absence.

(f) The employee may convert accrued and unused sick leave to retirement credit if the employee is filing a request for retirement.

11.2.3 Maternity/Paternity Leave

(b) For the first seventy-five (75) working days of maternity/paternity leave, the employee shall receive 66 2/3 % of the employee’s regular salary and shall continue to receive health and welfare benefits. For employees hired after February 23, 1978, during the first seventy-five (75) days of maternity/paternity leave, the employee shall instead receive 50% of regular salary but and shall continue to receive health and welfare benefits.

(c) after the seventy-five (75) days of maternity/paternity leave as provided for above have been fully utilized, the employee shall, upon written request, submitted not later than 20 working days prior to the expiration of the above-referenced seventy-five (75) days of maternity/paternity leave, be placed on extended maternity/paternity leave without pay until the end of the fiscal year or the end of the employee’s work year which ever is sooner. The employee shall have the right to pay any or all fringe benefit premiums during this period. Additional maternity/paternity leave without pay may be requested and granted either pursuant to the provisions set forth in Article 11 or after the first year, up to four (4) additional years in total duration with the provision that it extends beyond the first year in

2.1-A

which it is taken and must be taken in annual increments.

(e) The seventy-five (75) working days used in this article (not counting paid holidays as work days) (in this instance defined as the days for which the employee is paid) must be consecutive with the beginning date of the leave. Once an employee returns to duty, the maternity/paternity leave and all of its provisions shall be terminated.

11.2.11 Industrial Accident and Industrial Illness Leave

(b) Paid industrial accident leave shall be for not more than sixty (60) working days in any fiscal year for each industrial accident or industrial illness suffered by the employee. Any industrial accident leave remaining on the books at the end of the fiscal year shall roll over into the next fiscal year for use in the new fiscal year for the same industrial accident or industrial illness.

(c) Paid industrial accident leave shall only be used during those times in the fiscal year when the employee would otherwise be entitled to use paid District leave except for the entitlement to paid industrial accident leave. Paid industrial accident leave shall be reduced by one day for each day of authorized absence regardless of the temporary disability allowance under Workers’ Compensation or the District’s self-insurance program. Days absent while on paid industrial accident leave shall not be deducted from the number of days of paid illness leave to which an employee may be entitled. If the authorized absence does not allow the employee to work during periods not scheduled in the employee’s regular work year, the eligible employee shall be paid according to the temporary disability allowance under Workers’ compensation or the District’s self insurance program. If the employee is not eligible to receive a temporary disability allowance under Workers’ compensation or the District’s self insurance program the District shallinform the employee of his or her right to apply for State Disability Insurance benefits as outlined in Article 9.13 of this CBA.

2.1-A

(f) Upon return to service from any paid or unpaid leave resulting from an industrial accident or industrial illness, an employee shall be assigned to a position in his/her former class at the same FTE the employee had when he or she went on leave, and he/she may displace the most recently appointed employee in the class with less seniority. If an employee’s former class has ceased to exist, the employee may be reassigned or placed on a suitable employment list.

(l) An employee may be treated for an industrial injury by a personal physician that the employee predesignates prior to the industrial injury by submitting the proper state form to the District. The District shall not restrict the effective term of such predesignation, nor when predesignation forms may be submitted

12.8 July 4th Provisions:

(a) Employees who work less than 12 months of the school year will be paid for July 4th if the number of unused vacation days paid out at the end of the school year pursuant to 11.2.9(i) carries the employee through July 3 the last working day before the July 4th holiday. In that case, the employee will be paid July 4th holiday pay at the employee’s regularly assigned School Year FTE.

13.3 Procedures [Safety]

13.3.6 The Safety Committee shall have the ability to determine whether a room work area is sufficiently safe for employees to carry out their duties.

14.1 Definitions [Layoffs]

14.1.3 Seniority

Seniority, or “length of service” shall be determined by date of hire in a permanent status, including probationary service, in a job classification. Employees shall have seniority in all classifications to which they have attained permanent status.

16.3.5 [General Provisions]

2.1-A

The failure of the District's representative to respond within the time limits and conditions set forth herein shall give the grievant the right to move the grievance to the next level of these procedures. be deemed to be an acceptance of the Union position, and the proposed remedies shall be final and binding.

Article 18 – PROMOTION

18.1 The goal of the District shall be to provide promotional opportunities to both permanent bargaining unit positions and limited term positions. When an outside applicant is selected over qualified promotional applicants, reasons for the District’s decision to hire from the outside shall be given in writing to applicants upon request.

2-1-C


TO: Michele Lawrence SuperintendentFROM: Lisa Udell, Ed.D. Assistant Superintendent, Human Resources

Alan Levinson, Director, Classified PersonnelDATE: October 24, 2007 SUBJECT: APPROVAL OF HUMAN RESOURCES REPORT 07-17

Following is Human Resources Report 07-17 which reports details of personnel assignments, employment, and terminations.

CERTIFICATED EMPLOYEES

NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOTEMPORARY TEACHERRichard Cobeen Teacher All District General

Fund1.00/II-03 8/27/07 6/13/08

Molly Offermann Counselor Berkeley High General Fund

1.00/VII-03 9/28/07 6/13/08

ADULT SCHOOL TEACHERSuzy Quenneville-Orpin Teacher Adult School General

Fund$32.18 Hrly 10/1/07 6/30/08

EXTRA DUTY - STIPENDLeorah Abouav-Zilberman

BPAR Consulting Teacher

All District Peer Asst. NTE $3,176.00 8/27/07 6/13/08

Jared Baird Academic Counselor

Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Dwayne Byndloss Academic Counselor

Longfellow RestrictedDonation

NTE $611.00 10/2/07 10/31/07

Judy Bodenhauser BPAR Consulting Teacher


Ray Cagan Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Matt Carton Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Victoria Edwards Instructional Specialist

King General Fund

NTE $678.00 8/27/07 6/13/08

2-1-C

NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOAaron Glimme Team Leader Berkeley High General

FundNTE $2,000.00 8/27/07 6/13/08

Barbara Hopkins BPAR Consulting Teacher


Sean Keller Teacher In Charge Jefferson General Fund

NTE $2,036.00 8/27/07 6/13/08

Linda Mengel BPAR Consulting Teacher


Sherene Randle Team Leader Berkeley High General Fund

NTE $3,789.00 8/27/07 6/13/08

Marsha Saks BPAR Consulting Teacher


Wyn Skeels Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Kate Trimlett Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Michael Weitz Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Benette Williams Team Leader Berkeley High General Fund

NTE $5,000.00 8/27/07 6/13/08

Glen Wolkenfeld Team Leader Berkeley High General Fund

NTE $3,000.00 8/27/07 6/13/08

Page 2 of 7

2-1-C

CLASSIFIED EMPLOYEES

NAME POSITION LOCATION BUDGETCLASSRANGESTEP

FTE & SALARY

FROM TO

RESIGNATIONHeidi Erikson Instructional Tech.

(After School)Thousand Oaks

8/29/07

Michelle Farria Instructional Assistant (Special Education)

Rosa Parks 9/19/07

Gaye Gerdts Director, Fiscal Services

Business Services

9/28/07

Sandra Henneman Program Assistant Berkeley High 9/12/07

Lori Lewis Payroll Supervisor Accounting 10/15/07

Juan Quezada Instructional Tech.(After School)

Le Conte 9/1/07

Laura Sloane Sous Chef Supervisor Nutrition Services

9/21/07

FAMILY MEDICAL LEAVE OF ABSENCE WITH PAYRamona McGary Program Specialist District

AdministrationMeasure A/Parent Outreach

58/1 1.0 FTE$26.14 hr

9/25/07 11/21/07

INTERGRATE SICK LEAVE WITH STATE DISABILITYCrystal Williams Clerical III King CDC Child Care 35/5 1.0 FTE

$18.00 hr9/3/07 9/11/07

EXTENDED SICK LEAVE WITH 50% PAYCrystal Williams Clerical III King CDC Child Care 35/5 1.0 FTE

$18.00 hr9/12/07 11/15/07

PERMANENT (TEMPORARY REASSIGNMENT)Abdul Mixon Maintenance Tech. Maintenance Maintenance 45/3 1.0 FTE

$20.49 hr9/24/07 2/1/08

PERMANENTDon Arreola-Burl Instructional

Specialist II (PE)Washington BSEP/21st

Century/Restricted Donations

58/5 +.27 FTE$31.79 hr

8/29/07 6/13/08

Sharondale King Instructional Tech.(After School)

King LRN SAFE 34/4 +.33 FTE$16.72 hr

9/1/07 6/13/08

Jenae Williams Instructional Tech. Longfellow LRN SAFE 34/2 +.03 FTE$15.14 hr

9/4/07 6/13/08

PROBATIONARYMarva Anderson Instructional Assistant

(Special Education)Jefferson` Special Ed. 31/1 .80 FTE

$13.38 hr9/17/07 3/16/08

Page 3 of 7

2-1-C



FTE & SALARY

FROM TO

Arturo Avila Instructional Tech.(After School)

Malcolm X LRN SAFE 34/1 .53 FTE$14.41 hr

10/5/07 4/4/08

Casie Cameron Instructional Tech(After School)

Willard LRN SAFE 34/1 +.07 FTE$14.41 hr

9/1/07 2/28/08

Douglas Cobb Instructional Tech(After School)

Willard 21st Century 34/1 .40 FTE$14.41 hr

9/18/07 3/17/08

Leonard Collins Storekeeper Nutrition Services

Child Nutrition

42/1 .53 FTE$17.24 hr

8/27/07 2/26/08

Charles Collison Instructional Tech.(Cooking)

Thousand Oaks

Calif. Nut. Network

34/1 .60 FTE$14.41 hr

9/24/07 3/23/08

Michelle Evans Instructional Tech.(After School)

Longfellow After School 34/1 +.03 FTE$14.41 hr

9/1/07 10/31/07

Kenneth Fischer Instructional Tech.(After School)

Arts Magnet After School 34/1 .53 FTE$14.41 hr

9/8/07 3/7/08

Rose Griffin Instructional Tech.(After School)

John Muir LRN SAFE 34/1 .53 FTE$14.41 hr

9/7/07 3/6/08

Rosemary Hannon Instructional Specialist(Dance)

Cragmont BSEP 51/1 .50 FTE$21.96 hr

9/13/07 3/12/08

Cean Harris Instructional Assistant(Special Education)

Rosa Parks Special Ed. 31/1 .80 FTE$13.38 hr

8/29/07 2/28/08

Edward Hill, Jr Instructional Assistant Oxford BSEP 29/1 .33 FTE$12.75 hr

9/11/07 3/10/08

Edward Hill, Jr Instructional Tech.(After School)

Oxford BSEP 34/1 .53 FTE$14.41 hr

10/5/07 4/4/08

Kuulani Imira Instructional Tech.(After School)

Arts Magnet 21st Century 34/1 .73 FTE$14.41 hr

9/10/07 3/9/08

Laura Lowry Instructional Specialist(Drama)

Malcolm X BSEP 51/1 .27 FTE$21.96 hr

9/4/07 3/3/08

Salli Lundgren Instructional Tech.(After School)

Le Conte After School 34/1 .53 FTE$14.41 hr

10/5/07 4/4/08

Max McVeety Instructional Assistant (Special Education)

Berkeley High Special Ed. 31/1 .80 FTE$13.38 hr

10/5/07 4/4/08

Jennifer Moore Instructional Tech.(After School)

King LRN SAFE 34/4 .53 FTE$14.41 hr

8/29/07 2/28/08

Maisha Morris Instructional Tech.(After School)

Le Conte 21st Century 34/1 .53 FTE$14.41 hr

9/7/07 3/6/08

Page 4 of 7

2-1-C



FTE & SALARY

FROM TO

Adekemi Omatade Instructional Tech.(After School)

Emerson After School 34/1 .67 FTE$14.41 hr

10/5/07 4/4/08

Daniel Palau Instructional Tech.(After School)

Thousand Oaks

After School 34/1 .60 FTE$14.41 hr

8/30/07 2/28/08

Didese Sampson Instructional Assistant (Special Education)

Longfellow Special Ed. 31/1 .80 FTE$13.38 hr

9/7/07 3/6/08

Kimberly Smith Instructional Assistant(Special Education)


9/10/07 3/9/08

Christine Trowbridge

Instructional Tech.(After School)

Oxford LRN SAFE 34/1 .53 FTE$14.41 hr

10/5/07 4/4/08

Stephanie Wieger Instructional Tech.(After School)

Willard After School 34/1 .23 FTE$14.41 hr

8/29/07 2/28/08

PROVISIONALLeticia Amezcua Instructional Tech.

(After School)Le Conte LRN SAFE/

After School34/1 .53 FTE

$14.41 hr8/29/07 11/28/07


Malcolm X LRN SAFE 34/1 .53 FTE$14.41 hr

10/1/07 10/4/07

Paulette Butler Instructional Tech.(After School)

Oxford 21st Century 34/1 .13 FTE$14.41 hr

8/29/07 11/28/07

Sara Delee Instructional Assistant (Special Education)

Emerson Special Ed. 31/1 .80 FTE$13.38 hr

8/29/07 11/28/07

Allison Doolan Instructional Assistant (Special Education)

Emerson Special Ed. 31/1 .80 FTE$13.38 hr

8/29/07 11/28/07

Ashley Gamboa Instructional Tech.(After School)

Thousand Oaks

LRN SAFE 34/1 .56 FTE$14.41 hr

8/29/07 11/28/07

Ashley Gephart Instructional Specialist Emerson After School 51/1 .14 FTE$21.96 hr

9/4/07 12/3/07

Maria Gil Instructional Tech.(After School)

Arts Magnet 21st Century 34/1 .13 FTE$14.41 hr

10/1/07 12/20/07


John Muir LRN SAFE 34/1 .53 FTE$14.41 hr

9/1/07 9/6/07

Edward Hill, Jr Instructional Tech.(After School)

Oxford BSEP 34/1 .53 FTE$14.41 hr

8/29/07 10/4/07

Flora Keilch Asst. Ext. Day Program Coordinator

Washington After School 50/1 .73 FTE$21.42 hr

9/1/07 11/30/07

Page 5 of 7

2-1-C



FTE & SALARY

FROM TO

Ken Lewis Instructional Assistant (Special Education)

King Special Ed. 31/1 .73 FTE$13.38 hr

9/4/07 12/3/07

Salli Lundgren Instructional Tech.(After School)

Le Conte After School 34/1 .53 FTE$14.41 hr

9/4/07 10/4/07

Tanossa Miller Instructional Specialist Emerson After School 51/1 .14 FTE$21.96 hr

9/4/07 12/5/07



8/29/07 10/4/07

Carol Niehus School Secretary I John Muir General Fund

44/1 1.0 FTE$18.45 hr

9/1/07 11/30/07

Adekemi Omotade Instructional Tech.(After School)


10/1/07 10/4/07

Jennifer Rodriguez Instructional Specialist Longfellow LRN SAFE 51/1 .12 FTE$21.96 hr

9/7/07 12/6/07

Shanel Smith Instructional Tech.(After School)

Thousand Oaks

LRN SAFE 34/1 .70 FTE$14.41 hr

9/4/07 12/3/07

John Stewart, II Instructional Tech.(After School)


9/4/07 12/3/07

Javier Tenorio Instructional Specialist Longfellow 21st Century 51/1 .30 FTE$21.96 hr

8/29/07 11/30/07

Christine Trowbridge

Instructional Tech.(After School)

Oxford LRN SAFE 34/1 .53 FTE$14.41 hr

9/20/07 10/4/07

Stephanie Wieger Instructional Tech.(After School)

Willard After School 34/1 .23 FTE$14.41 hr

8/29/07 10/4/07

AVAILABLE SUBSTITUTESKen Roy Higgins Custodian I All District General

Fund32/1 NTE 7.5

hrs/day$13.48 hr

10/1/07 6/13/08

Jasmine Mullen-Keenan

Instructional Assistant (Special Education)

All District General Fund

31/1 NTE 7.5 hrs/day$13.38 hr

9/4/07 6/13/08

Luanne Rogers Account Tech. Special Education

Special Ed. 43/5 NTE 7.5 hrs/day$21.96 hr

7/21/07 6/13/08

Sally Theard Instructional Assistant (Special Education)


31/1 NTE 7.5 hrs/day$13.38 hr

9/10/07 6/13/08

Page 6 of 7

2-1-C



FTE & SALARY

FROM TO

Foroozan Toofan Instructional Assistant (Special Education)


31/1 NTE 7.5 hrs/day$13.38 hr

9/4/07 6/13/08

TEMPORARY/HOURLY/LIMITED TERMEvan Adorador Noon Director Emerson General

FundN/A 3 hrs/wk

$11.91 hr9/14/07 6/13/08

Leticia Allejo Noon Director Rosa Parks General Fund

N/A 7.5 hrs/wk$11.91 hr

8/29/07 6/13/08


Malcolm X LRN SAFE 34/1 4 hrs/day$14.41 hr

9/6/07 9/30/07

Alex Burr Noon Director Oxford General Fund

N/A 7.5 hrs/wk$11.91 hr

8/29/07 6/13/08

Douglas Cobb Instructional Tech(After School)

Willard 21st Century 34/1 10 hrs/wk$14.41 hr

8/1/07 9/17/07


John Muir LRN SAFE 34/1 6 hrs/wk$14.41 hr

8/28/07 6/17/08

Ken Lewis Instructional Tech.(After School)

Cragmont 21st Century 34/1 10 hrs/wk$14.41 hr

8/28/07 6/13/08

Adekemi Omotade Instructional Tech.(After School)


9/20/07 9/28/07

WORKING EVENING SHIFT, DIFFERENTIAL, ATTENDANT DUTIES, OR AS CONFIDENTIAL EMPLOYEESara Delee Instructional Assistant

(Special Education)Emerson Special Ed. 31/1 10% differential

$1.33 hr8/29/07 11/30/07

Allison Doolan Instructional Assistant (Special Education)

Emerson Special Ed. 31/1 5% differential$.67 hr

8/29/07 11/30/07

Cean Harris Instructional Assistant(Special Education)

Rosa Parks Special Ed. 31/1 5% differential$.67 hr

8/29/07 2/28/08


Berkeley High Special Ed. 31/1 5% differential$.67 hr

8/29/07 10/4/07

Didese Sampson Instructional Assistant (Special Education)

Longfellow Special Ed. 31/1 5% differential$.67 hr

9/7/07 3/6/08

Kenny Washington Custodian I Longfellow General Fund

32/3 6.5 hrs @5% differential$.74 hr

8/29/07

Page 7 of 7

2.2-C


TO: Michele Lawrence, SuperintendentFROM: Lisa Udell, Assistant Superintendent, Human ResourcesDATE: October 24, 2007SUBJECT: Memorandums of Understanding with the Colleges and

Universities

BACKGROUND INFORMATIONThe District works in partnership with colleges and universities to provide interns and practice teachers for our classrooms. We are seeking approval to enter into agreements with the following organizations:

Patton University – The agreement between Patton University and the District is to provide teaching experience through practice teaching.

Mills College – The District will provide teaching experience through practice teaching in schools and classes in the District.

Cal State University, East Bay, Speech Pathology Program – Cal State University, East Bay, Speech Pathology Program and the District will provide clinical experience for the university students.

Cal State University, East Bay, Special Education – The agreement between Cal State University, East Bay, Special Education and the District is to provide teaching experience to intern teachers that are enrolled in the Special Education Intern Program.

St. Mary’s College - St. Mary’s College Student Placement Agreement provides student teachers to the District.

Alameda Office of Education – The Alameda Office of Education as Fiscal Agent for the Teaching Internship Program of Alameda County (TIPAC) Alternative Certification Local Assistance Grant which will provide teaching interns to the District.

POLICY/CODENone

FISCAL IMPACTThere is no cost to the District for services provided.

STAFF RECOMMENDATIONApprove the Memorandums of Understanding

3.1-A


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: October 24, 2007SUBJECT: Resolution for Grades K-12 Textbook and Instructional Materials

Compliance for Fiscal Year 2007-08

BACKGROUND INFORMATIONEducation Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects: English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course). The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided – with two exceptions. An additional 30 texts in seventh grade English and four in Spanish have been ordered for Willard, the result of loss from last year, and the orders have not arrived. Secondly, Berkeley High School recently requested an additional 80 texts in Spanish II, and these have been rush ordered. In general, students in Berkeley Unified have access to books and other instructional materials.

The resolution is required in order for the District to receive funding as part of the Pupil Textbook and Instructional Materials Incentive Program and/or funding for instructional materials from any state source.

The K-12 Instructional Materials Funding Realignment Program projected allocationfor 2007-08 is $69.32 per pupil, resulting in a total projected allocation of $629,980for Berkeley Unified School District.

The hearing tonight has been publicized, according to Ed Code requirements, and the proposed Resolution is attached.

POLICY/CODEEducation Code Sections 60117 and 60119

FISCAL IMPACT$629,980 for K-12 Instructional Materials for 2007-08

STAFF RECOMMENDATIONApprove the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2007-08.

3.1-A


RESOLUTION FOR GRADES K-12 TEXTBOOK ANDINSTRUCTIONAL MATERIALS COMPLIANCE FOR FISCAL YEAR 2007-08

WHEREAS, the governing board is required to hold a public hearing at which the governing board shall encourage participation of parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders; and

WHEREAS, the governing board is required to make a determination, through a resolution, as to whether each pupil in the district has sufficient textbooks or instructional materials, or both in English/language arts, mathematics, science, and history/social science; and

WHEREAS, the governing board is required to make a determination to whether each pupil enrolled in a foreign language or health course has sufficient textbooks or instructional materials; and

WHEREAS, these materials, in each subject, are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education; and

WHEREAS, the governing board is also required to determine the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12; and

WHEREAS, the governing board is required to take action to ensure that each pupil has sufficient textbooks and instructional materials within two months of the beginning of the school year, if any insufficiencies are found;

THEREFORE, BE IT RESOLVED that the Berkeley Unified School District held a public meeting on October 24, 2007 and fulfilled all requirements listed above and in Education Code 60119.

Passed and adopted this 24th day of October, 2007.

________________________________ __________________________________Joaquin Rivera, President Michele LawrenceBoard of Education Superintendent

3.1–C


TO: Michele LawrenceFROM: Neil Smith, Assistant Superintendent of Curriculum and

InstructionDATE: October 24, 2007SUBJECT: Overnight Field Trip Ratification and Requests

BACKGROUND INFORMATION

Cazadero Performing Arts Camp, October 19-21, 2007Ratify participation of 110 middle school students, 11 music teachers, 18 chaperones, and 12 high school mentors, on a three-day, two-night retreat to Cazadero Performing Arts Camp. The group departed on Friday, October 19, and returned on Sunday, October 21, 2007. . BUSD buses providedtransportation. Scholarships and parent/student donations funded the $125.00 per student cost. B.S.E.P./Measure A funds covered the cost of the substitutes for the music teachers on Friday. No student was denied access based on ability to pay. Requested by Suzanne McCulloch, Visual and Performing Arts Coordinator

Marin Headlands, California – November 15-16, 2007Approve participation of sixty (60) tenth grade CAS students and six (6) teachers from Berkeley High School on a two-day, one-night field trip to Marin Headlands. The group is scheduled to depart at 9:00 a.m. on Thursday, November 15, and will return at 3:00 p.m. on Friday, November 16, 2007. The purpose of the trip is to afford students the opportunity to build community, increase their sense of self-awareness and empowerment, and set academic and personal goals. Students will sleep in gender specific rooms at a youth hostel on the grounds. BUSD buses will provide transportation. Students will pay the $50.00 cost per student. No student will be denied access based on ability to pay. Requested by Vernon Walton, Vice Principal – Berkeley High School.

Marin Headlands, California – December 6-7, 2007Approve participation of sixty (60) twelfth grade CAS students and eight (8) teachers from Berkeley High School on a two-day, one-night field trip to Marin Headlands. The group is scheduled to depart at 9:30 a.m. on Thursday, December 6, and will return at 3:15 p.m. on Friday, December 7, 2007. The purpose of the trip is to afford students the opportunity to build community, increase their sense of self-awareness and empowerment, and set academic and personal goals. Students will sleep in gender specific rooms at a youth hostel on the grounds. BUSD buses will provide transportation. Students will pay the $50.00 cost per student. No student will be denied access based on ability to pay. Requested by Vernon Walton, Vice Principal – Berkeley High School.

Marin Headlands, California – January 31-February 1, 2008Approve participation of sixty (60) eleventh grade CAS students and ten (10) teachers from Berkeley High School on a two-day, one-night field trip to Marin

3.1–C

Headlands. The group is scheduled to depart at 9:30 a.m. on Thursday, January 31, and will return at 3:15 p.m. on Friday, February 1, 2008. The purpose of the trip is to afford students the opportunity to build community, increase their sense of self-awareness and empowerment, and set academic and personal goals. Students will sleep in gender specific rooms at a youth hostel on the grounds. BUSD buses will provide transportation. Students will pay the $50.00 cost per student. No student will be denied access based on ability to pay. Requested by Vernon Walton, Vice Principal – Berkeley High School.

Santa Barbara, California – March 6-9, 2008Approve participation of fifteen (15) girls lacrosse team members and five (5) other adults from Berkeley High School on a four-day, three-night trip to Santa Barbara. The group will depart at 7:00 a.m. on Thursday, March 6, and will return at 4:00 p.m. on Sunday, March 9, 2008. The trip will afford the BHS girls lacrosse team the opportunity to participate in athletic competition at U.C. Santa Barbara. Private vehicles will provide transportation between Berkeley and Santa Barbara. Accommodations are in the process of being finalized. A grant will provide funding for all costs - there is no cost for students. Requested by Kristin Glenchur, Athletic Director – Berkeley High School.

POLICY/CODEEducation Code 35330 Board Policy 6153

FISCAL IMPACTAs indicated above.

STAFF RECOMMENDATIONApprove the overnight field trip ratification and requests consistent with the District Policies and instructional programs.

3.1-I


TO: Board of EducationFROM: Neil Smith, Assistant Superintendent of Educational ServicesDATE: October 24, 2007SUBJECT: Information on Providing Access to Secondary Grades and

Attendance for Parents and Families

BACKGROUND INFORMATIONThe technology department has been working with our high school and middle schools to make it possible to have grades and attendance available for review to parents and students through a web page access. This informational presentation will update the Board on a program in its initial stages in the district.

At the high school, the WASC (Western Association of Schools and Colleges) Plan set an explicit goal of providing access to grades and attendance to parents during this school year. A web page access is one way to accomplish this task. Currently, at both our middle schools and the high school various websites are being used by individual teachers to provide a place for teachers to post calendars and homework. But, no standard was set for reporting and no protocols have been established. To accomplish a consistent reporting structure and have a single identified web-page, a web-based communication portal called Edline is being explored and tested.

A few key features of this site is that it displays the attendance and reporting period grade data for each student that is stored in our District Student Information System (SASI); thus, making our data current and compatible with our other reporting requirements. It also provides teachers a website that they can post or update: news, calendars, assignments, tests, and classroom handouts.

POLICY CODENone

FISCAL IMPACTIn current year technology budgets: Berkeley High $3,636, King $2,280, Willard and Longfellow $1,524; B-Tech $1,092.

STAFF RECOMMENDATIONReceive for information

3.2-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: October 24, 2007SUBJECT: Receive the textbooks Visions Intro and Levels A, B and C for

Adoption Consideration at Berkeley High School

BACKGROUND INFORMATION Visions, Intro Level and Levels A, B and C, recently published by Thompson Heinle, is being presented to the Board for review in preparation for adoption.

Visions, an English language development and reading program, is designed to support EL students from pre-literacy through transition into mainstream classrooms. Every lesson is structured to ensure skill development and academic success. Each text level offers customized materials for students at different levels of language acquisition. For example, the Intro Level, for non-schooled and low-beginning students, provides systematic English language development as well as instruction in phonics and phonemic awareness.

These texts use high-interest, level appropriate literature and contentreadings that serve to motivate high school students. The scaffolding throughout all four books follows a three-pronged approach to reading and meeting the standards, a methodology entitled “into, through, and beyond.” In addition, the writing activities reinforce strategic language acquisition skills.

This series also provides formative as well as summative assessments, aligned with state standards, enabling teachers to target remediation.

In order to use the State Instructional Materials Funds to purchase the books, the Board is required to adopt the text. The books will be on display in the Superintendent’s Conference Room and will be brought to the Board meeting on November 14, 2007 for official adoption.

POLICY/CODE Board Policy 6161.1

FISCAL IMPACT Approximately $7,980

STAFF RECOMMENDATION: Accept Visions Intro Level and Levels A, B and C for adoption consideration.

3.2-I


TO: Board of EducationFROM: Michele Lawrence, Superintendent DATE: October 24, 2007SUBJECT: Berkeley High School Advisory Program

BACKGROUND INFORMATION When the Board of Education adopted policy to create small schools at Berkeley High School, part of the research data on the effectiveness of small schools was directly related to having students be able to connect with an influential adult in their life. Almost all schools nationwide have created an advisory program, and Berkeley High has been exploring the possibility of creating an advisory program for more than three years. This concept was also a part of the WASC Accreditation Plan.

Jim Slemp and the high school staff have had several in depth sessions around advisement and an advisory period. Tonight Mr. Slemp will give an update on the progress of these efforts and solicit input from the Board before next steps are taken.

POLICY/CODENone

FISCAL IMPACTNone

STAFF RECOMMENDATIONReceive input from the Board on the concept of creating an advisory program at Berkeley High School and provide guidance for next steps


King Class Size Average by Subject

25.9

27.8

26.0 25.6

20.0

33.4

26.7

20.00

25.00

30.00

35.00

40.00

Cla

ss S

ize

Aver

age

October 17, 2007

Admissions and Attendance Office

0.00

5.00

10.00

15.00Cla

ss S

ize

Aver

age

Subject


Northwest Zone Elementary School Class Size Average*

20.5 20.021.0

19.7 20.0

23.0

0

5

10

15

20

25

30

K 1 2 3 4 5

Cla

ss S

ize

Aver

age

Grade Level

Jefferson

20.7 20.019.7 20.0

17.319.0

21.023.5

18.7

0

5

10

15

20

25

30

K K/1 1 1/2 2 3 3/4 4 5

Cla

ss S

ize

Aver

age

Grade Level

Rosa Parks

October 17, 2007

*Regular Classroom Teachers Admissions and Attendance Office

20.3 20.019.0 19.3

25.724.3

0

5

10

15

20

25

30

K 1 2 3 4 5

Cla

ss S

ize

Aver

age

Grade Level

Thousand Oaks

3.3-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: October 24, 2007SUBJECT: Renewal of Memorandum of Understanding with Newark Unified

School District, Lead Agency for the East Bay BTSA Consortium

BACKGROUND INFORMATIONFor the fifth consecutive year, Berkeley Unified School District is joining five local districts in the East Bay Beginning Teacher Support and Assessment Induction Consortium, which is sponsored by the Newark Unified School District. The program is devoted to teacher development programs that support new teachers in the member districts: Alameda, Castro Valley, Newark, San Leandro, San Lorenzo and Berkeley.

As a result of recent State requirements for teacher certification, adopted by the California Commission on Teacher Credentials and the California Department of Education, school districts now have greater responsibility for teacher certification. New BUSD teachers with preliminary credentials frominstitutions of higher education must now complete an approved induction program during their first two years of teaching in order to meet the requirements of a Professional Clear Credential. Since there will be approximately fifty BUSD teachers who qualify for BTSA this year, the school district is remaining in the consortium in order to provide the required training and support for new teachers in a manner that is fiscally responsible.

The 2007-08 Memorandum of Understanding between BUSD and Newark Unified School District has no significant changes from previous years. A copy is attached.

POLICY/CODESB 2042Ed Code 44279.1

FISCAL IMPACTThe state allocates $4,069 for each new teacher who participates in BTSA to Newark Unified, as the Lead Agency, and Newark will allocate $1,750 of this amount to B.U.S.D. The consortium will use the remaining funds ($2,319) to provide teacher training and meet other legal requirements.

STAFF RECOMMENDATIONApprove the Memorandum of Understanding with Newark Unified School District as the Lead Agency for the East Bay BTSA Consortium.

3.3-I


TO: Michele Lawrence, SuperintendentFROM: Francisco Martínez, Admissions and Attendance ManagerDATE: October 24, 2007SUBJECT: School Class Size Reports

BACKGROUND INFORMATIONSince 1986, Berkeley Schools Excellence Project (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools. In 2006, Measure A reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to furtherlower class sizes. Presently, BSEP pays for about 30% (percent) of classroom teachers in Berkeley. The class size goal of this measure is to maintain an average of 20 students to one teacher in kindergarten through 3rd grade, 26students to one teacher in 4th and 5th grade, and 28th students to one teacher in 6th through 12th grade.

Class size reports for the elementary, middle and high schools have been attached. The graph charts demonstrate that the District has met the class size goals set forth by Measure A.

POLICY/CODENone

FISCAL IMPACTNone

STAFF RECOMMENDATIONReceive this school class size reports for information.

3.4-I


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: October 24, 2007SUBJECT: Williams Case Settlement Quarterly Report

BACKGROUND INFORMATIONAs a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met.

1) There should be sufficient textbooks and instructional materials for all students, including English learners.

2) School facilities should be clean, safe and maintained in good repair.

3) All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaint procedure to follow if there is a concern that any one of them is not being met. Staff is now reporting to the Board the number of Williams complaints received between July 1 and September 30, 2007.

The District received one complaint about the condition of an Algebra II textbook issued to a student at Berkeley High School. The textbook has been replaced.

During this same period, the district received no complaints under the Williams Case Settlement regarding facilities or properly credentialed teachers.

POLICY/CODEEd Code 35186Board Policy 1312

FISCAL IMPACTNone

STAFF RECOMMENDATIONReceive Williams Case Settlement Quarterly Report for information.

4.1-A


TO: Michele Lawrence, SuperintendentFROM: Javetta Robinson, CPA

Deputy Superintendent DATE: October 24, 2007SUBJECT: Resolution 08-15

Tax and Revenue Anticipation Notes – TRANS

BACKGROUND INFORMATION Due to the timing of receipt of local property taxes, many school districts experience cash flow problems in the General Fund between November and December of each year. School districts receive state revenue limit funds on a monthly basis throughout the year. However, property taxes are received by the County Treasury in December and April and distributed to school districts soon after receipt. There are severalmonths during the year that school districts experience a short fall in cash to meet expenditure obligations prior to receipt of property taxes. Payrolls for the District start in July and increase significantly in September when teachers return to the school. As a result, low cash periods occur in November and December.

When interest rates are favorable, school districts manage low or negative cash periods by issuing short term non voter approved debt (Tax and Revenue Anticipation Notes, commonly referred to as TRANS). Thedifference between the tax exempt rate in which we can borrow (i.e. interest costs), and the interest income we can accrue on taxable securities (i.e. interest earned) is called the “spread”.

Currently, “the spread” is favorable enough to pursue this form of temporary borrowing, as opposed to internal borrowing or a loan from the County Treasurer. In doing so, it is anticipated that we can net in approximately $200,000 in interest earnings for the unrestricted General Fund.

POLICY/CODEArticle 7.6 section 53850 Chapter IV, Part I Division II, Title V of California Government Code

FISCAL IMPACTIncrease to the General Fund of approximately $200,000.00 which has been reflected in current budget.

STAFF RECOMMENDATIONThat the administration is directed to develop and present to the Board for approval of Resolution 08-15 authorizing the issue of Tax Revenue

4.1-A

Anticipation Notes – TRANS in the amount of approximately $16 millionfor cash flow purposes.

` 4.1-A


RESOLUTION NO. 08-15

RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY TO ISSUE TAX AND REVENUE ANTICIPATION NOTES IN THE NAME OF THE BERKELEY UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2007-2008 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 AND AUTHORIZING

THE SALE THEREOF AND AUTHORIZING PREPARATION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH

RESOLVED, by the Board of Education of the Berkeley Unified School District (the “District”), as follows:

WHEREAS, school districts organized and existing under the laws of the State of California are authorized by Article 7.6 (commencing with section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Law”) to borrow money by the issuance of temporary notes, the proceeds of which may be used and expended for any purpose for which the school district is authorized to spend moneys; and

WHEREAS, pursuant to the Law, such notes may be issued in the name of such schooldistrict by the board of supervisors of the county, the county superintendent of which has jurisdiction over such school district, as soon as possible following receipt of a resolution of the governing board of such school district requesting such borrowing;

WHEREAS, the District has determined that it is desirable that the District borrow funds in an amount not to exceed $16,000,000 with respect to fiscal year 2007-2008 for authorized purposes of the District; and

WHEREAS, the financial advisor to the District has been directed to prepare an official statement meeting the requirements of Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Official Statement”) and bond counsel to the District has been directed to prepare a notice of sale (the “Notice of Sale”) and a notice of intention (the “Notice of Intention”) relating to the offering and sale of the notes for the District;

NOW, THEREFORE, it is hereby DETERMINED and ORDERED as follows:

Section 1. Request. The Board of Supervisors (the “Board”) of Alameda County (the “County”) is hereby requested to issue tax and revenue anticipation notes in the name of the District in the principal amount of not to exceed $16,000,000 (the “Notes”), under and pursuant to the provisions of the Law; provided, however, that the Notes shall not be issued until the District and the Board have received evidence that the Alameda County Superintendent of Schools has determined that the District’s repayment of the Notes is probable.

Section 2. Limitation on Maximum Amount. The principal amount of Notes, when added to the interest payable thereon, shall not exceed eighty-five percent (85%) of the estimated amount of the uncollected taxes, revenue and other moneys of the District for the general fund of the District

` 4.1-A

attributable to Fiscal Year 2007-2008, and available for the payment of the notes and the interest thereon.

Section 3. Pledge. The Notes shall be obligations of the District and shall be secured by a pledge of and first lien and charge against the first “unrestricted moneys”, as hereinafter defined, to be received by the County on behalf of the District in such months and in such amounts as shall be determined by the Superintendent (or the Superintendent’s designee) prior to the date of sale of the Notes, sufficient to pay the principal of and interest on the Notes through the maturity date thereof (the “Pledged Revenues”). To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the District lawfully available therefor. In the event that there are insufficient unrestricted moneys received by the District to permit the deposit in the Repayment Fund (as defined in the hereinafter defined Issuance Resolution) of the full amount of the Pledged Revenues to be deposited in any month on the last business day of such month, then the amount of any deficiency shall be satisfied and made up from any other moneys of the District lawfully available for the repayment of the Notes and interest thereon. The term “unrestricted moneys” shall mean taxes, income, revenue and other moneys intended as receipts for the general fund of the District and which are generally available for the payment of current expenses and other obligations of the District.

Section 4. Approval of Issuance Resolution.

(a) The resolution entitled “RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS IN THE NAME OF THE BERKELEY UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2007-2008 AND THE ISSUANCE AND SALE OF 2007 TAX AND REVENUE ANTICIPATION NOTES THEREFOR” (the “Issuance Resolution”), to be adopted by the Board, in substantially the form presented to the Board of Education at this meeting, together with any additions to or changes therein deemed necessary or advisable by the Board, is hereby approved. The Notes shall be dated as of their date of delivery, shall mature (without option of prior redemption) on such date, not more than fifteen months from such date of delivery, as shall be determined by the Superintendent (or the Superintendent’s designee) prior to the date of sale of the Notes, and shall bear interest from their date, payable at maturity (if the maturity of the Notes is determined to be one year or earlier from the date of issuance) or payable on a date one year or earlier from the date of issuance and at maturity (if the maturity of the Notes is determined to be more than one year from the date of issuance), and computed on a 30-day month/360-day year basis.

(b) The District acknowledges that the Issuance Resolution authorizes the investment of amounts held in the Proceeds Fund and the Repayment Fund (as defined in the Issuance Resolution) by the County in any one or more investments generally permitted to school districts under the laws of the State of California, consistent with the investment policy of the County and the Issuance Resolution (the "Permitted Investments"). The Permitted Investments shall specifically include: (a) the County Pooled Investment Fund maintained by the County Treasurer; (b) at the request of the District, in specific investments permitted under section 53601 of the California Government Code; and (c) in the sole discretion of the District, (i) the Local Agency Investment Fund maintained by the Treasurer of the State of California; and (ii) investment agreements with financial institutions with financial institutions with senior unsecured credit ratings in one of the two highest rating categories (without regard to any refinement or gradation of such rating categoryby a plus or minus or a numeral) from one or more nationally recognized statistical rating organization then rating the Notes.

` 4.1-A

Section 5. Form of Notes; Execution of Notes.

(a) The Notes shall be issued in fully registered form, without coupons, and shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. The Notes shall be numbered from 1 consecutively upward, shall be in the denomination of $1,000 each or any integral multiple thereof.

(b) The Notes shall be executed in the name of the District, with the manual or facsimile signature of the County Treasurer-Tax Collector (the “Treasurer-Tax Collector”) or one or more of his duly authorized deputies and the manual or facsimile counter-signature of the Clerk of the Board of Supervisors (although at least one of such signatures shall be manual) with the seal of the Board impressed thereon, and said officers are hereby authorized to cause the blank spaces thereof to be filled in as may be appropriate.

Section 6. Official Statement. The Board of Education hereby authorizes the preparation by the District’s financial advisor of an official statement describing the Notes (the “Official Statement”). The Board of Education authorizes the distribution by the District's financial advisor of the Official Statement to prospective purchasers of the Notes, and authorizes and directs the Superintendent (or the Superintendent’s designee) on behalf of the District to deem “final” pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Rule”) the Official Statement prior to its distribution by the District's financial advisor. The execution of the Official Statement, which shall include such changes and additions thereto deemed advisable by the Superintendent or any other qualified officer of the District and such information permitted to be excluded from the Official Statement pursuant to the Rule, shall be conclusive evidence of the approval of the Official Statement by the District.

The Superintendent (or the Superintendent’s designee) is separately authorized and directed to execute the Official Statement and a statement that the facts contained in the Official Statement, and any supplement or amendment thereto (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the Notes, true and correct in all material respects and that the Official Statement did not, on the date of sale of the Notes, and does not, as of the date of delivery of the Notes, contain any untrue statement of a material fact with respect to the District or omit to state material facts with respect to the District required to be stated where necessary to make any statement made therein not misleading in the light of the circumstances under which it was made. The Superintendent (or the Superintendent’s designee) shall take such further actions prior to the signing of the Official Statement as are deemed necessary or appropriate to verify the accuracy thereof.

Section 7. Sale of Notes. The distribution of the Official Statement, the Notice of Sale and the Notice of Intention are approved in connection with the offering and sale of the Notes.

The actions of the District’s financial advisor, on behalf of the District, in distributing the Official Statement and the Notice of Sale to such municipal bond brokers-dealers, to such banking institutions and to such other persons as may be interested in purchasing the Notes therein offered for sale, are hereby approved.

The Notes are hereby ordered to be sold by competitive bid. The Superintendent (or the Superintendent’s designee) is hereby delegated the authority to accept the best responsible bid for

` 4.1-A

the purchase of the Notes, determined in accordance with the Official Notice of Sale. The Superintendent (or the Superintendent’s designee) is hereby authorized and directed to accept such bid, for and in the name of the District, by notice to the successful bidder. In the event two or more bids setting forth identical interest rates and premium, if any, are received, the Superintendent (or the Superintendent’s designee), on behalf of the District, may exercise his or her own discretion and judgment in making the award and may award the Notes on a pro rata basis in such denominations as he or she shall determine. The Superintendent (or the Superintendent’s designee), on behalf of the District, may, in his or her discretion, reject any and all bids and waive any irregularity or informality in any bid. The Superintendent (or the Superintendent’s designee), on behalf of the District, shall award the Notes or reject all bids not later than 26 hours after the expiration of the time prescribed for the receipt of proposals unless such time of award is waived by the successful bidder.

The District’s financial advisor is hereby delegated the responsibility of receiving, opening and analyzing bids submitted for the purchase of the Notes and to report the results thereof to the District and the County.

Consent is hereby given for Zions First National Bank, the parent company of KNN Public Finance, the District’s financial advisor, to submit a bid for purchase of the Notes and to acquire or participate in the purchase of the Notes.

Section 8. Tax Covenants

(a) Private Activity Bond Limitation. The District shall assure that the proceeds of the Notes are not so used as to cause the Notes to satisfy the private business tests of section 141(b) of the Code (as hereinafter defined) or the private loan financing test of section 141(c) of the Code.

(b) Federal Guarantee Prohibition. The District shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Notes to be “federally guaranteed” within the meaning of section 149(b) of the Code.

(c) Rebate Requirement. The District shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Notes.

(d) No Arbitrage. The District shall not take, or permit or suffer to be taken any action with respect to the proceeds of the Notes which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Notes would have caused the Notes to be “arbitrage bonds” within the meaning of section 148 of the Code.

(e) Maintenance of Tax-Exemption. The District shall take all actions necessary to assure the exclusion of interest on the Notes from the gross income of the registered owners of the Notes to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Notes.

For purposes of this Section 8, the term “Code” means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Notes or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Notes, together with

` 4.1-A

applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code.

Section 9. Continuing Disclosure. The District hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this resolution, failure of the District to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any holder or beneficial owner of the Notes may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order.

For purposes of this Section 9, the term “Continuing Disclosure Certificate” means that certain Continuing Disclosure Certificate executed by the District and dated the date of issuance and delivery of the Notes, as originally executed and as it may be amended from time to time in accordance with the terms thereof. For purposes of this Section 9, the term “Participating Underwriter” shall have the meaning ascribed thereto in the Continuing Disclosure Certificate.

Section 10. No Temporary Transfers, Covenant Regarding Additional Short-Term Borrowing. It is hereby covenanted and warranted by the District pursuant to Article XVI, Section 6 of the Constitution of the State of California that it will not request the Treasurer-Tax Collector to make temporary transfers of funds in the custody of the Treasurer-Tax Collector to meet any obligations of the District during the 2007-2008 fiscal year until the full amount of Pledged Revenues has been deposited into the Repayment Fund. After the full amount of Pledged Revenues has been deposited into the Repayment Fund, the District covenants that it will not request the Treasurer-Tax Collector to make temporary transfers of funds in excess of eighty-five percent (85%) of the anticipated revenues accruing to the District during the 2007-2008 fiscal year.

Section 11. Further Authorization. All actions heretofore taken by the officers and agents of the District with respect to the sale and issuance of the Notes are hereby approved, and the Superintendent, the Secretary of the Board and any and all other officers of the District are hereby authorized and directed for and in the name and on behalf of the District, to do any and all things and take any and all actions relating to the execution and delivery of any and all certificates, requisitions, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Notes in accordance with the Issuance Resolution and this resolution.

The District hereby authorizes the Superintendent or the Superintendent’s designee to execute an agreement for bond counsel services by and between the District and Quint & Thimmig LLP, and an agreement for financial advisory services by and between the District and KNN Public Finance, which firms are hereby appointed to serve as bond counsel and financial advisor, respectively, for the Notes. All costs incurred by the Board or the District in connection with the issuance of the Notes, including but not limited to printing of any official statement, rating agency costs, bond counsel fees and expenses, underwriting discount and costs, paying agent fees and expenses, the cost of printing the Notes, and any compensation owing to any officers or employees of the Board, the County or the District for their services rendered in connection with the issuance of the Notes, shall be payable by District.

Section 12. Indemnification. The District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (the “Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties

` 4.1-A

may become subject, because of action or inaction related to the Notes. The District shall also reimburse the Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions.

Section 13. Effective Date. This resolution shall take effect from and after its adoption.

* * * * * * * * *

I hereby certify that the foregoing resolution was duly adopted at a meeting of the Board of Education of the Berkeley Unified School District held on the 24th of October, 2007, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

By Michele Lawrence,

Secretary of the Board of Education

EXHIBIT A

Board of Supervisors of Alameda County, Californiain the Name of the

BERKELEY UNIFIED SCHOOL DISTRICT(Alameda County, California)

2007 TAX AND REVENUE ANTICIPATION NOTE

INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP:_______% _________, 2008 _____ ___, 2007 _________

REGISTERED OWNER: CEDE & CO.

PRINCIPAL SUM: ___________________________ DOLLARS

The BERKELEY UNIFIED SCHOOL DISTRICT, Alameda County, State of California (the “District”), acknowledges itself indebted, and promises to pay, to the Registered Owner stated above, or registered assigns (the “Owner”), on the Maturity Date stated above, the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money at the rate per annum stated above, payable on the Maturity Date stated above, calculated on the basis of 360-day year comprised of twelve 30-day months. Both the principal of and interest on this Note shall be payable at maturity to the Owner.

It is hereby certified, recited and declared that this Note is one of an authorized issue of notes in the aggregate principal amount of ______________ dollars ($___________), all of like tenor, issued pursuant to the provisions of a resolution of the Board of Supervisors (the “Board”) of Alameda County (the “County”) duly passed and adopted on November 6, 2007 (the “Resolution”), and pursuant to Article 7.6 (commencing with section 53850) of Chapter 4, Part 1, Division 2, Title 5, of the California Government Code, and that all conditions, things and acts required to exist, happen and be performed precedent to and in the issuance of this Note exist, have happened and have been performed in regular and due time, form and manner as required by law, and that this Note, together with all other indebtedness and obligations of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California.

The principal amount of the Notes, together with the interest thereon, shall be payable from taxes, revenue and other moneys which are received by the County on behalf of the District for Repayment Fund of the District (as defined in the Resolution) for the Fiscal Year 2007-2008. As security for the payment of the principal of and interest on the Notes, the Board, in the name of the District, has pledged the first “unrestricted moneys”, as hereinafter defined (a) in an amount equal to _______ percent (____%) of the principal amount of the Notes to be received by the County on behalf of the District in __________, (b) in an amount equal to _____ percent (_____%) of the principal amount of the Notes to be received by the County on behalf of the District in ___________, (c) in an amount equal to _____ percent (_____%) of the principal amount of the Notes to be received by the County on behalf of the District in ___________, and (d) in an amount equal to all interest due on the Notes to be received by the County on behalf of the District in ____________ (such pledged amounts being hereinafter called the “Pledged Revenues”). The principal of the

Notes and the interest thereon shall constitute a first lien and charge thereon and shall be paid from the Pledged Revenues. To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the District lawfully available therefor. The term “unrestricted moneys” shall mean taxes, income, revenue and other moneys intended as receipts for the general fund of the District and which are generally available for the payment of current expenses and other obligations of the District.

The Notes are issuable as fully registered notes, without coupons, in denominations of $1,000 each or any integral multiple thereof. Subject to the limitations and conditions as provided in the Resolution, Notes may be exchanged for a like aggregate principal amount of Notes of other authorized denominations and of the same maturity.

The Notes are not subject to redemption prior to maturity.

This Note is transferable by the Owner hereof, but only under the circumstances, in the manner and subject to the limitations provided in the Resolution. Upon registration of such transfer a new Note or Notes, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange for this Note.

The Board may treat the Owner hereof as the absolute owner hereof for all purposes and the Board shall not be affected by any notice to the contrary.

Unless this certificate is presented by an authorized representative of The Depository Trust Company to the issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.

IN WITNESS WHEREOF, the Board of Supervisors of Alameda County, California has caused this Note to be issued in the name of the District and to be executed by the manual or facsimile signature of the County Treasurer-Tax Collector and countersigned by the manual or facsimile signature of the Clerk of the Board, all as of the Issue Date stated above.

BOARD OF SUPERVISORS OF ALAMEDA COUNTY

By Treasurer-Tax Collector

(S E A L)Countersigned:

Clerk of the Board

ASSIGNMENT

For value received the undersigned hereby sells, assigns and transfers unto

(Name, Address and Tax Identification or Social Security Number of Assignee)

the within registered Note and hereby irrevocably constitute(s) and appoints(s) attorney,

to transfer the same on the Note register of the Treasurer-Tax Collector with full power of substitution inthe premises.

Dated: Signature:

Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Note in every particular without alteration or enlargement or any change whatsoever.

Signature Guaranteed:

Note: Signature(s) must be guaranteed by a qualified guarantor.

4.1-C


TO: Michele Lawrence, Superintendent FROM: Javetta Robinson CPA

Deputy SuperintendentDATE: October 24, 2007SUBJECT: Approval of Contracts/Purchase Orders for Services

Contracts

BACKGROUND INFORMATIONThe 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 The Staffing Solutions to provide payroll supervisor for the period 10/16/2007 to 12/31/2007 to cover for vacant position for Payroll Department. The cost will not exceed $30,000 and will be funded from salary savings of vacant position. To be paid from General Fund Budget. Requested by Javetta Robinson.

2 Community Alliance for Learning (Writer’s Coach Connection) to provide 7th and 8th grade writing coaching per MOU at Longfellow Middle School for the 2007-2008 SY. The cost will not exceed $14,140. To be paid from BSEP Fund 4. Requested by David Gold.

3 Community Alliance for Learning (Writer’s Coach Connection) to provide 8th grade writing coaching per MOU at King Middle School for the 2007-2008 SY. The cost will not exceed $14,000. To be paid from BSEP Fund 4. Requested by Jason Lustig.

4 Community Alliance for Learning (Writer’s Coach Connection) to provide 8th grade writing coaching per MOU at Willard Middle School for the 2007-2008 SY. The cost will not exceed $7,630. To be paid from BSEP Fund 4. Requested by Robert Ithurburn.

5 Attitudinal Healing to provide two visual arts and four cultural arts classes for the 2007-2008 SY at the Washington Elementary After School Program. The cost will not exceed $15,875. To be paid from General Fund Budget. Requested by Rita Kimball.

6 Nancy Johnson to provide case management and support for homeless students and families to ensure and enhance compliance with the McKinney-Vento Homeless Assistance Act. The cost for 2007-08 school year will not exceed $45,000. To be paid from the

4.1-C

State Grant for the Education for Homeless Children & Youth Budget. Requested by Lisa Warhuus.

7 Increase in contract, PO 80831, to The Staffing Solutions to provide senior budget analyst support to cover for vacant position for Special Education Department. The Board approved $18,000on August 22, 2007 for services to date. The additional amount requested is $30,000 for a total amount of $48,000. The current consultant was shifted to payroll, and Staffing Solutions will provide new support for this department. To be paid from General Fund. Requested by Javetta Robinson.

POLICY/CODEPublic Contract Code: 20111Board Policy 3310

STAFF RECOMMENDATIONApprove the contracts with Consultants or Independent Contractors as submitted.

4.1-I


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: October 24, 2007SUBJECT: Accessibility Report

BACKGROUND INFORMATIONThe District has been under Settlement Decree concerning accessibility since 1989. The District is required to write a quarterly report for disabled citizens and students. Attached to this cover memo is the final report which meets the full requirement of the Decree. We will petition the State to close the report. With the approval of a new ADA transition plan, we do not intend to continue to publish this report.

POLICY/CODESettlement Decree Number C 88-3001-FMS.

FISCAL IMPACTMost expenditures have been funded from the General Obligation Bonds since 1992.

STAFF RECOMMENDATIONReceive the final report.

4.1-I

ACCESSIBILITY QUARTERLY REPORT

FINAL REPORT

REPORT ISSUED October 24, 2007

Prepared and Issued By: __________________________Lew JonesDirector of Facilities Berkeley Unified School District

4.1-I

This is Report #72 of the Accessibility Settlement as required by Stipulated Order No. C 88-3001-FMS of the United States District Court, Northern District of California paragraph 13 which states,

"Defendants shall furnish plaintiffs with a clear and comprehensive written quarterly report indicating all progress made, any anticipated or unanticipated problems or delays, the extent to which timetables are or are not being met and any proposed amendments, deletions or additions to the accessibility programs described in paragraphs 2 and 3, and shall provide an explanation of all such proposed amendments, deletions, additions to or deviations from timetables."

DATES OF ISSUANCE OF ACCESSIBILITY QUARTERLY REPORT

PHASE 2

REPORT # PERIOD COVERED DUE DATE ISSUED

# 65 January 31, 2006 # 66 April 30, 2006 # 67 October 1, 2006# 68 November 30, 2006# 69 January 31, 2007# 70 April 30, 2007 # 71 October 1, 2007 # 72 2/28/90 – 10/5/07 November 30, 2007 10/24/07

4.1-I

ACCESS IMPLEMENTATION TEAMQUARTERLY REPORT

PROGRESS

The Implementation Team has not met since January 9, 2003.

Included in this Report is the final accounting of expenses for the schools for both Phase 1 and Phase 2. Phase 1 included a specific list of agreed projects at four school sites (John Muir, LeConte, Willard, BHS). The concept of Phase 1 was that a disabled child could attend an accessible school at each grade level. At the time, BUSD had a K-3, 4-6, 7-8, 9-12 grade configuration. A few schools (John Muir and Whittier) had a K-6 structure. The total expended in Phase 1 was $2,925,691. Phase 1 reporting began on February 28, 1990. Phase 1 expenses were complete by May 1, 1995. Most Phase 1 expenditures were made by the issuance of Certificates of Participation. These certificates were repaid by the 1992 Bond.

Phase 2 did not include a specific list of projects. When originally conceived, the idea was that BUSD would relocate programs to accessible locations, and if relocation was not possible, BUSD would add elevators and lifts. The passage of the 1992 Bond provided the District the finances to accomplish much more than relocation and to move toward full accessibility in all schools. The Phase 2 expenses began in FY 2003; the first Phase 2 expense report was compiled on September 27, 1994. The total expended for Phase II was $7,970,438. The total expended in the two phases was $10,896,129.

In keeping with previous reports, the expenditures listed do not exhaustively detail all accessibility improvements or expenditures. Staff has estimated that an additional $7 - $8 million was spent on accessibility improvements not permitted to be included in the Settlement reports.

The District has resurveyed its sites for accessibility. A draft report was available for comment. The Board plans to adopt a new transition plan on this Board Agenda. Accessibility work will continue per the priorities expressed in that transition plan.

FUNDS AMOUNT

GENERAL FUND $471,338.35

MEASURE BB FUND $69,041.65

ADULT FUND $94,331.89

CAFETERIA FUND $126,984.13

CHILD DEVELOPMENT FUND $18,967.58

MEASURE A+AA (BOND Fund) $126,930.39

SCHOOL ENRICHMENT FUNDS $44,212.83

SELF INSURANCE FUND $91,788.27

DEFERRED MAINTENANCE FUND $243,920.85

PAYROLL/BENEFITS CLEARING $286,876.59

MEASURE B FUND $3,517.88

PUPIL TRANSPORTATION EQUIPMENT $0.00

TRANS FUND $0.00

TOTAL DISTRICT BILL WARRANT $1,577,910.41

Approved By :

Javetta Robinson CPA Deputy Superintendent


District Bill Warrant -- Accounting Department

BILL WARRANT FOR SEPTEMBER 2007

4.2-C

4.2-C


TO: Michele Lawrence, SuperintendentFROM: Javetta Robinson CPA

Deputy Superintendent DATE: October 24, 2007SUBJECT: Approve Listing of Warrants issued in September 2007

BACKGROUND INFORMATION 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 months of September 2007 are attached for the Board’s review.

POLICY/CODEEducational Code Section 41010 ET seq.

FISCAL IMPACT$1,577,910.41 for the month of September 2007 from various funds.

STAFF RECOMMENDATIONApprove the monthly bill warrant lists for the months September 2007.

4.2-I

BERKELEY UNIFIED SCHOOL DISTRICTTO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: October 24, 2007SUBJECT: Facilities Construction Plan Financial Update

BACKGROUND INFORMATIONThis report is an update of the Facilities Construction Plan approved by the Board on March 15, 2006 and then adjusted on September 5, 2007. It includes all expenditures and income recorded as of October 5, 2007. This report is not intended as a comprehensive look at long range financial planningbut does include the following components:

* Projects already underway or those future projects approved on September 5, 2007.

* The inflation budget adjusted to 8% per year up until the time bid is accepted. The inflation reserve includes all inflation anticipated from January 1, 2007;

* The interest earnings may be slightly understated since predicting interest earnings while the Board is still determining project approval and project timing is challenging.

* Future expenditures are rounded to the nearest thousand dollars unless the obligation can be estimated more accurately.

The following projects were listed for future study and priorities and timelines will need to be discussed since all projects would vastly exceed the available budget:

1. Environmental review of the expanded field at East Campus2. Kitchen improvements at multiple sites3. Remodeling the Berkeley Community Media space to gain more

classrooms for BHS 4. Retrofit or demolition G/C Bridge at BHS5. Completion of the design of the south of Bancroft Plan 6. Additional classrooms at Berkeley High 7. A safer home for the Maintenance Department 8. Longfellow Annex replacement or retrofit 9. Solar projects at additional schools 10. Deferred maintenance projects after 2010 11. Grounds improvement projects

4.2-I

12. A further increase in classrooms at BHS13. Removal and replacement of old portables14. Additional accessibility projects

For each new project added, funds will need to be identified for the project itself, the inflation reserve and the risk pool. Depending on the number of classrooms added at BHS (#6 above), the total of the first eight listed items alone could easily exceed $50 million. The fund currently shows a balance of !6 million. The Board will likely consider changes to the Plan in its yearly facilities approval cycle (December – February).

TOTAL PROJECTED EXPENDITURESThe total of all expenditures listed is projected to be $323,012,869.

TOTAL PROJECTED INCOME The total of all income is projected to be $339,036,974.

TOTAL PROJECTED INCOME OVER PROJECTED EXPENDITUREThe amount available is $16,024,105.

POLICY/CODENone.

FISCAL IMPACTAs stated.

STAFF RECOMMENDATIONReceive for information.

4.3-C


TO: Michele Lawrence, SuperintendentFROM: Javetta Robinson, CPA

Deputy SuperintendentDATE: October 24, 2007SUBJECT: Receive and Approve Information on the Issuance of Payroll

Warrants for Employee Services for September 2007.

BACKGROUND INFORMATION On a regular basis, the Board receives information on the total amount paid employees during a month. The attached represents a summary of pay warrants from various funds for the month of September 2007.

POLICY/CODEEducational Code 41010 ET Seq.

FISCAL IMPACT$5,738,556.78 from various funds.

STAFF RECOMMENDATIONApprove payroll payments made in September 2007.

4.3-C

BERKELEY UNIFIED SCHOOL DISTRICTDISTRICT PAYROLL – ACCOUNTING DEPARTMENT

September 2007

COMPUTER GENERATED

AMOUNTS

GENERAL FUND 4,559,816.99

MEASURE BB FUND 156,908.66

BSEP SITE ENRICHMENT 867.30

BSEP Measure A 330,015.88BSEP Fund 16ADULT FUND 255,988.25

CAFETERIA FUND 105,838.84

CHILD DEVELOPMENT 299,803.34

Measure A+AA (Bond Fund) 15,369.74

SELF INS. FUND 12,341.72

MEASURE B FUND

1,606.06

TOTALS

5,738,556.78

APPROVED BY: _____________________________________ Javetta Robinson CPA, Deputy Superintendent

DATE: 10/24/07

Sept. 2007

Type of General Measure BSEP BSEP Adult Café Child Meas.A+AA Self Ins. Measure BDATE Payroll Totals Fund BB Fund Site Enrich. Measure A Fund Fund Develop. BSEP (Bond Fund) Fund Fund

210 212 215 220 230 240 270 260 81 2 5 4 11 13 12 16 21 67

09/15/07 Mid 550036.26 225075.33 7251.15 532.8 32269.12 156548.55 14417.85 112335.4 1606.06

09/21/07 Mid-Fix $74,929.50 $65,725.30 $549.49 $334.50 $447.08 $3,988.95 $413.54 $1,612.64 $1,858.00

09/28/07 EOM $5,113,591.02 $4,269,016.36 $149,108.02 $297,299.68 $95,450.75 $91,007.45 $185,855.30 $13,511.74 $12,341.72

Totals $5,738,556.78 $4,559,816.99 $156,908.66 $867.30 $330,015.88 $255,988.25 $105,838.84 $299,803.34 $0.00 $15,369.74 $12,341.72 $1,606.06

Payroll Issued by Funds

BERKELEY UNIFIED SCHOOL DISTRICT District Payroll - Accounting Department

4.3-C

4.3-I


TO: Michele Lawrence, Superintendent FROM: Lew Jones, Director of Facilities DATE: October 24, 2007SUBJECT: Project Approach for West Campus

BACKGROUND INFORMATION When the Board established a priority to move the central office staff, including those at the Oregon/Russell Street offices, into safer facilities housed at the West Campus site, immediate plans began to make this possible.

There have been a number of tentative explorations about ways to accommodate the District needs within budget restrictions and address bothCity and community concerns. It has been difficult to simultaneously accommodate all these desires. One major problem has been how to balance the need to move quickly to protect the staff while allowing for future longer-term development possibilities for that site.

While the plan in mind is not far enough along for formal Board review and approval, we want to share the outline of the approach and to provide atentative site plan. This site plan proposes two modular buildings on the west side of the current parking lot, six portables on the east side of this lot, use of the east side of the gymnasium for storage and two possible parking lots for staff use.

Below is a definition of the immediate plan and a possible longer-term plan.

IMMEDIATEThe immediate plan would be to house our administrative personnel from the Central office (2134 ML King and 1835 Allston) and personnel from the 1720 Oregon Street site in safe pre-constructed modular buildings. This immediate plan does not address the Maintenance Department or the Nutritional Serviceswarehouse. These functions would remain at their current location until we can develop an appropriate location for these services. The attached plan provides for administrative spaces; however, it does not provide space for a Board Meeting Room. A Board Room might be accommodated at a school site or in conjunction with the City of Berkeley. This need has not yet been addressed.

A pedestrian entry would be added to the west side of the site between Modular 1 and Modular 2, with the more public functions (Human Resources, Payrolland Admissions) being concentrated in this area. The gym building would only

4.3-I

be used for storage. Final determination of the location of each department and office function to be placed in portables or the modulars is still being defined.

Two possible parking areas are shown on the attached plan. These plans are still being explored from a technical basis.

LONG RANGEIn the long range, one possible scenario is that the District would develop the University side of the property. If such a development were to occur, it could accommodate the District’s Central Office and also have commercial and/or residential on this street. Such plans will require years to develop and cannot be further defined at this time. If this plan or other plans were to occur, the District could move out of the modular buildings, remove the portables and vacate the gymnasium. This will permit the portion of the property from Addison south to have the gymnasium and to re-use the modular buildings for childcare. Childcare is both a burgeoning need and is a use in which the community has previously expressed an interest. Placing the modular buildings far away from the underground culvert will also leave open the possibility of future day-lighting of the creek.

PROJECT APPROACHThe architect has been tasked with doing schematic design for the project as shown. The architect is also developing a schematic design of a pre-K facility (four classrooms and an office per building) for each modular. Doing this design now will help plan for the future and save expenses.

If the Board were to ever use the modular buildings for educational use, the project will need to be approved by the Division of the State Architect (DSA). In order to maintain the possible of educational use, the District believes that it is prudent and in the District’s, City’s and community’s interest that the immediate project be permitted through DSA rather than the City of Berkeley. We will need to hold discussions with the City about the wisdom of this approach after the schematic design is complete.

We are still exploring the wisdom of developing parking on the site. Two possibilities are shown. One shows parking south of the gym and the second shows it on the current field. Parking south of the gym appears feasible, but the City may request that parking be added where the field is currently located. We look forward to having these discussions with the City as well.

POLICY/CODENone applicable.

4.3-I

FISCAL IMPACTAll costs to be paid from the Bond.

STAFF RECOMMENDATIONAccept the report on West Campus planning.

4.4-C


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: October 24, 2007SUBJECT: Authorization to Accept the East Campus Field Project

BACKGROUND INFORMATIONOn September 6, 2006, the Board awarded a contract to Cleary Brothers to improve the East Campus field. The contractor has completed all specified items.

Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention funds.

POLICY/CODECalifornia Public Contract Code 20110- 20118.

FISCAL IMPACTThe project is funded through the Bond.

STAFF RECOMMENDATIONAccept the project as complete.

4.4C


RESOLUTION NO. 08-16

AUTHORIZATION TO ACCEPT COMPLETION OF THE East Campus Field Project

WHEREAS, Cleary Brothers, a contractor licensed and existing under and by virtue of the laws of the State of California, and having offices at 521 Diablo Rd., Danville, CA. entered into a contract dated September 29, 2006, with Berkeley Unified School District of Alameda County, State of California to secure all labor, materials, mechanical workership, transportation, equipment and services necessary for the east Campus Field Project; and

WHEREAS, Project Construction Manager employed by this Board to prepare plans and specifications and to supervise the work has certified in writing to the Board that said contractor has completed the work of said contract in workerlike and satisfactory manner as of October 24, 2007 and that warranty period begin on this date for this work.

NOW, THEREFORE, BE IT RESOLVED that the project East Campus Field Project No. 836.0601 is hereby approved and accepted as complete..

PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District this 24th Day of October 2007.

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________Michele Lawrence, SuperintendentSecretary of the Board of Education Berkeley Unified School District

Public Contract Code: 20111Board Policy: 3310

4.5-C


TO: Michele Lawrence, Superintendent FROM: Lew Jones, Director of Facilities DATE: October 24, 2007SUBJECT: American with Disabilities Act (ADA) Transition Plan

BACKGROUND INFORMATION The Board approved the hiring of Logan Hopper Associates (LHA) on February 1, 2006 for the purpose of updating the District’s ADA transition plan. The updated transition plan was presented to the Board on August 22, 2007 and was made available to the public for comment prior to Board adoption. The comment period was open from August 22nd through September 28th. No comments were received The plan presented on August 22, 2007 is now being presented to the Board for adoption. The plan includes a projected implementation schedule based on LHA’s survey of all BUSD sites. Detailed evaluations of each site are available for review at 1707 Russell Street.

In the board report presented on August 22, 2007, staff provided information on the historical and projected fiscal impact of implementing the District’s ADA transition plan. Over the past fifteen years, the District has spent over $18 million towards its effort on making sites ADA accessible. LHA estimates thatover the next six years, the District will incur approximately $2.3 million in additional effort to complete all priority one projects.

POLICY/CODEAmericans with Disabilities Act of 1990.

FISCAL IMPACTThe District is currently and will continue to incur costs for ADA priority one projects as funds are available. The cost of priority one work which is projected through year 2013 is estimated to be approximately $2.3 million. These projects are mostly funded from the District’s bond and Measure BB.

STAFF RECOMMENDATIONApprove the ADA transition plan.

Berkeley Unified School DistrictOrganizational Performance Indicators

INDICATORS 2007--08 STATUS & DATE PRESENTED

Update Board Policies & Administrative Regulations per GAMUT

August December April

Unaudited Actuals Report September 09-05-07

Workers’ Comp and Safety September

Quarterly BB/Financial Update Reports

October December (with 1st Interim)March (with 2nd Interim)

10-24-07

Quarterly Access Report (ADA Compliance)

OctoberNovemberFebruaryMay

10-24-07

Bond Financial Update OctoberNovember March w/Yearly PlanMay

Williams Settlement/Uniform Complaints to the Board and County Superintendent

October

January

AprilJune

10-24-07

Quarterly Report – Special Ed Assessments

NovemberFebruaryMay

Diversity Makeup of School Governance Council

November

First Interim DecemberConsent Decree Quarterly Report December

MarchMaySeptember

CBEDS January

Annual Audit January

Employee Evaluation ReportCertificatedClassified

JanuaryJanuary

Audit Committee Report February

Out-of-Zone Transportation February

Annual Facilities Plan March

Second Interim March 15

Actuarial Workers’ Compensation MarchProfessional Development Participation Report April

School Plans w/BSEP MaySchool Safety Plans June

Berkeley Unified School DistrictStudent Performance Indicators

INDICATORS 2007- 08 STATUS

Adequate Yearly Progress (AYP) Report for each site, including API Score

September 09-05-07

Weekly Enrollment Reports September 09-05-07

09-19-07

Adult Base Skills Benchmark September 09-05-07

Class Size Report October 10-24-07

Academic Performance Index (API) Growth Report October 10-10-07

Monthly Attendance Report 2nd mtg. each mo. starting in Oct.

Student Wellness Report November

After School Learning Program Report November

District K-8 Math Assessments November

District K-8 Writing Assessments November

Standardized Tests (STAR)California Standards TestCAT6CAPA (Special Education)Aprenda3

November

Diversity Balance in Schools December

Interdistrict Permit Report December

California High School Exit Exam Results December

SAT and AP Results December

Percentage of Students Receiving Free/Reduced Price Lunch

January

District K-5 Reading Assessments and Reading Recovery

January

Analysis of Data from Sites January

School Accountability Report Card Summaries February

State and Similar Schools Rankings March

BHS WASC Update Report March

BHS Small Schools and Program Report March

English Language Learners Report April

R30 Language Census & CELDT Report April

Preschool – Desired Results Development May

School Accountability Report Cards – complete versions

June

page 1 of 8 - berkeley unified school district · 3.1-i web access of attendance and grades 8:30 pm...

Documents