Page 1 of 9 · Page 1 of 9 Berkeley Unified School District Office of the Superintendent 2134 Martin Luther King Jr. Way Berkeley, CA 94704-1180 Phone: (510) 644-6206 Fax: (510) 540-5358

Page 1 of 9

Berkeley Unified School DistrictOffice of the Superintendent

2134 Martin Luther King Jr. WayBerkeley, CA 94704-1180

Phone: (510) 644-6206 Fax: (510) 540-5358

BOARD OF EDUCATION – MEETING AGENDA*

Wednesday, August 22, 2007

Call to Order The Presiding Officer will call the Meeting to Order at5:30 p.m., recess to Closed Session at 5:35 p.m. and reconvenein Public Session by 7:30 p.m.

Roll CallMembers Present:

Joaquin J. Rivera, PresidentJohn Selawsky, Vice PresidentKaren Hemphill, DirectorShirley Issel, DirectorNancy Riddle, Director

Administration: Superintendent Michele Lawrence, SecretaryEric D. Smith, 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 perGovernment Code Section 54957Recess to Closed Session (Government Code Sections 3549, 1(d), 54956.9(a) and54957) and Education Code Section 49819(c)

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

Student Case No. 0607-02-052591Student Case No. 0607-03-122891Student Case No. 0607-25-051391Student Case No. 0607-27-072293Student Case No. 0607-28-071694Student Case No. 0607-30-110190Student Case No. 0607-53-090292

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

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

1990. If a special accommodation is desired, please call theSuperintendent’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 August 22, 2007

PUBLIC TESTIMONYPersons wishing to address the Board should fill out a card located on the table by thedoor and submit the completed card to the Board Recorder. Speakers will be selectedby 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 addressthe Board.

Union Representatives’ ReportsSuperintendent’s ReportBoard Members’ Reports

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

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General Services

1.1-CApprove Resolution No. 08-02 in Supportof Walk to School and Work Day

Personnel Services

2.1-CApproval of Personnel Report

Board Member Recommendation:Approve Resolution No. 08-02 inSupport of Walk to School andWork Day, October 3, 2007 anddesignate each subsequent firstWednesday of the month as Walkto School and Work Day

Staff Recommendation:Approve Personnel Report No.07-13 indicating changes inpersonnel status by Berkeleyemployees throughout the District

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Educational Services

3.1-CApproval of Out of State Travel Requestsand Overnight Field Trip

3.2-CApproval of Local Agreements

3.3-CApproval of Non-Public School Placementsfor Special Education Students

3.4-CApproval of Consolidated Application

3.5-CRatification of a Middle School ScienceGrant, Solar-Fusion to Function

Business Services

4.1-CApproval of Contracts/Purchase Orders forServices and Contracts

4.2-CApproval of Listing of Warrants Issued inJune/July 2007

Staff Recommendation:Out-of-State Travel Requests -American Association of SchoolLibrarians/ALA AnnualConference – Reno, NevadaOctober 25-28, 2007;International BaccalaureataProgram Workshops, Houston TX,September 28-October 1 andSavannah GA, December 7-10;and overnight field trip to Clovis,CA

Staff Recommendation:Approve contracts for GeneralChild Care & DevelopmentPrograms with CaliforniaDepartment of Education

Staff Recommendation:Approve the non-public schoolplacements for special educationstudents

Staff Recommendation:Approve the 2007-08 ConsolidatedApplication for FundingCategorical Programs, Part 1

Staff Recommendation:Ratify the grant application formiddle school science, Solar-Fusion to Function

Staff Recommendation:Authorize the Purchasing Managerand/or Deputy Superintendent toexecute contracts and purchaseorders

Staff Recommendation:Approve the listing of warrantsissued in June/July 2007

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4.3-CApproval of Listing of Payroll WarrantsIssued in June/July 2007

4.4-CRatification of Agreement to PiggybackAgreement for King CDC and Franklin PNPortables

4.5-CApproval to hire WLC Architects

4.6-CApproval to Modify Property ManagementProcedures

4.7-CRatification of three purchase orders tosecure rental facilities and utilities toaccommodate the TransportationDepartment

4.8-CApproval to Add Authorized Vendor

4.9-CApproval of Temporary Internal Borrowingof Funds

4.10-CRenew Excess Workers’ CompensationProgram

Staff Recommendation:Approve the listing of payrollwarrants issued in June/July2007

Staff Recommendation:Approve ratification of piggybackagreement for purchase ofportables at King DCD andFranklin PN

Staff Recommendation:Approve hire of WLC Architects toassist the District in improving itsMaintenance and ConstructionStandards

Staff Recommendation:Approve modifications to Districtproperty management proceduresand certain fees

Staff Recommendation:Approve expenditures andpurchase orders for rentalfacilities for the TransportationDepartment for Fiscal Year 2007-2008

Staff Recommendation:Approve the addition of FTJFundChoice LLC to our list ofapproved 403(b) vendors andrequire vendor to sign theappropriate Hold HarmlessAgreement

Staff Recommendation:Approve Resolution No. 08 -01 forthe temporary internal borrowingof funds for cash flow purposes

Staff Recommendation :Renew annual premium withCSAC EIA for the provision ofexcess insurance for our selfinsured workers’ compensationprogram

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


3.1-AApproval of contract for continuing servicesof Ilene Lee, Floor Time for intensive autismintervention.

3.2-AApproval of contract for continuing servicesof Dori Maxon, Pediatric ContractingServices for occupational, physical andspeech therapy services.

3.3-AApproval of continuing contracts with EastBay Therapy and Career Staff Unlimited orspeech and language services

3.4-AApproval of continuing contracts with PawarTransportation Services and WelcomeTransportation Group to transport studentsto schools outside the district.

Staff Recommendation:Approve contract with Ilene Leefor a cost not to exceed $200,000to provide autism interventionservices for students with severeneeds as indicated by designatedIEP needs.

Staff Recommendation:Approve contract for a cost not toexceed $225,000 for thecontinuing services of Dori Maxon,Pediatric Contracting Services foroccupational, physical and speechtherapy services and to supplyoccupational therapists, physicaltherapist and specially adaptedaquatic therapy program asindicated by IEP designated needs

Staff Recommendation:Approve contracts with East BayTherapy for a cost not to exceed$355,808.00 and Career StaffUnlimited for $150,000 to supplyspeech and language contractorswho provide speech therapy andassessment to students asindicated by designated IEP needs

Staff Recommendation:Approve contracts with PawarTransportation Services for a costnot to exceed $75,000 andWelcome Transportation Group fora cost not to exceed $25,200 toprovide independenttransportation for students withspecial education services whoattend school outside of BerkeleyUnified School District boundaries

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Business Services

4.1-AApproval of Implementation Plan

4.2-AApproval of Revised Facilities Allocation

4.3-AFCMAT Special Education ImplementationPlan

4.4-ASchool Bus Replacement

Staff Recommendation:Approve implementation plan fordisposal of Hillside surplusproperty

Staff Recommendation:Approve modification of facilitiesallocations based on projectedBUSD bid dates and constructioninflation costs

Staff Recommendation:Approve implementation plan forSpecial Education TransportationPlan

Staff Recommendation:Approve by ratification thepurchase of the school bus andallow balance of funds to beapplied toward other necessaryvehicle purchases

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

` `Personnel Services

2.1-CFDiscussion of Salary Increase forMiddle School Secretaries


3.1-CFReceive Textbook for AdoptionConsideration

Staff Recommendation:Receive for discussion letter fromMerit Commission

Staff Recommendation:Receive Essentials of HumanAnatomy and Physiology foradoption consideration atBerkeley High School

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

Personnel Services

2.1-IClassification Study

Business Services

4.1-IAmerican Disabilities Act Facilities Report

4.2-IMaintenance and Measure BB Update

4.3-IBB Financial Update Report

4.4-IFacilities Construction Financial Plan Update– 4th Quarter

4.5-IAccessibility Report

Staff Recommendation:Receive report on ClassificationStudy as information

Staff Recommendation:Receive report on AmericanDisabilities Act Facilities asinformation

Staff Recommendation:Receive and accept Maintenanceand Measure BB Update asinformation

Staff Recommendation:Receive and accept BB FinancialReport that updates BBexpenditures from April 20, 2007through June 30, 2007 asinformation

Staff Recommendation:Receive and accept FacilitiesConstruction Financial PlanUpdate – 4th Quarter asinformation

Staff RecommendationReceive and update AccessibilityReport as information

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ADDITIONAL ACTION ITEMSApprove Minutes of June 20, 2007Approve Minutes of June 27, 2007

EXTENDED PUBLIC TESTIMONYANNOUNCEMENTS

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Schedule of Board of Education Meetings for 2007 September 5 September 19 October 10

October 24November 14November 28 – tentativeDecember 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 yourviews known at these meetings.

WHEN YOU WANT TO TALK ABOUT AN AGENDA ITEM OR A NON-AGENDA ITEM:Please fill in a REQUEST TO ADDRESS THE BOARD OF EDUCATION CARD) andgive it to the Board Secretary. Speakers will be selected by lottery. Your card must besubmitted before the Presiding Officer calls for PUBLIC TESTIMONY.

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

Any subject related to the District or its educational programs is welcome at the Boardof Education Meetings. However, we respectfully ask that matters pertaining toindividual employees of the Berkeley Unified School District be discussed inprivate. There is an established procedure for making such complaints. You mayobtain information about this procedure from a school or from the Superintendent’sOffice.

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MISSION AND GOALSOF THE BERKELEY UNIFIED SCHOOL DISTRICT

MISSION STATEMENTThe mission of the Berkeley Unified School District, a diverse community deeplycommitted to public education, is to ensure that all students discover and developtheir special talents, achieve their educational and career goals, become life longlearners, 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, includingthose with diverse needs, to meet or exceed rigorous standards for academicperformance. All students will develop the attitudes, skills and habits of mind neededto succeed in and beyond the classroom. The members of this school communityshare a vision of educational excellence, an appreciation for the partnerships withlocal government agencies, community based organizations, businesses, institutions ofhigher education and will work collaboratively to realize this vision.

PERFORMANCE GOALS

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

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

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

1.1-C

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of EducationFROM: John Selawsky, Vice President, Board of Education DATE: August 22, 2007SUBJECT: Resolution No. 08-02 Designating October 3, 2007 as Walk to

School and Work Day and designating each subsequent firstWednesday of the month as Walk to School and Work Day

BACKGROUND INFORMATIONBeginning in school year 2001-2002, Berkeley Unified School Districtparticipated in an international event, “Walk to School Day.” Parents andstudents walked and rode bikes together, often in caravans, to several schoolsites on the first Wednesday in October). The initial event was expanded tolater include similar efforts on the first Wednesday of each month during theschool year (school schedule permitting), as well as incorporating City and UCBerkeley efforts on the same days.

The value of this event and efforts to encourage walking, bike riding, car-pooling, and use of mass transit, are self-evident, but worth mentioning:reduction in congestion, traffic, noise, and pollution around our school sites,important life-long habits of walking and bike riding for regular exercise andcardio-vascular health, and parent, student, and school staff awareness of safewalking and bike riding zones and areas to and from and around school sites.Several of our school sites are situated on narrow, crowded residential streets,and reducing car traffic is a particular safety and quality-of-life benefit forthese sites and the surrounding neighborhoods (but others as well).

POLICY/CODENone

FISCAL IMPACTNone

BOARD MEMBER RECOMMENDATIONApprove Resolution No. 08-02 Designating October 3, 2007 as Walk to Schooland Work Day and designating each subsequent first Wednesday of the monthas Walk to School and Work Day

1.1-C

Resolution No. Designating October 3, 2007 as Walk to School and Work Day

and Designating Each Subsequent First Wednesdayof the Month as Walk to

School and Work Day

WHEREAS, a designated day in October 2007 is Walk To School and WorkDay, an International event that serves to remind and educate families,parents, teachers, staff, and children that walking and biking to school canand should be safe, healthy, and beneficial to both personal health and thesafety and health of neighborhoods and communities;

WHEREAS, the last five years the Berkeley Board of Education endorsed andsupported Berkeley Unified’s Walk to School Days, events in which hundreds ofparents, teachers, and children participated, and in which local elected officialsalso participated;

AND WHEREAS, this October 3rd we encourage school principals, site PTA’s,site committees, parents, teachers, and staff to participate and plan for theannual Berkeley Walk to School and Work Day, now including City of Berkeleyand UC Berkeley employee participation, utilizing this day to inform ourcommunity and our children of the benefits of walking and bicycling to andfrom school, reducing automobile traffic, lessening pollution, congestion, andnoise, and creating a further appreciation of our neighborhoods andcommunities, and helping to establish safer pedestrian and bicycle routes toand from each school site;

THEREFORE, BE IT RESOLVED that the Berkeley Board of Educationdeclares October 3rd, 2007 and the first Wednesday of each subsequent monthof this school year as Walk to School and Work Day in the Berkeley UnifiedSchool District.

ADOPTED this 22nd day of August, 2007 by the Berkeley Unified Board ofEducation

_________________________________ _____________________________________Joaquin J. Rivera Michele LawrencePresident Secretary

2-1-C


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

Alan Levinson, Director, Classified PersonnelDATE: August 22, 2007SUBJECT: APPROVAL OF HUMAN RESOURCES REPORT 07-13

Following is Human Resources Report 07-13 which reports details of personnelassignments, employment, and terminations.

CERTIFICATED EMPLOYEES

NAME POSITION LOCATION BUDGET FTE & SALARY FROM TORETIREMENTDolores Helman Teacher Adult School Adult

SchoolN/A 6/29/07

Sandra Wood Teacher B-Tech GeneralFund

1.00 FTE 6/15/07

RESIGNATIONMusa Abdul-Aziz Teacher B-Tech General

Fund1.00 FTE 7/27/07

Luis Covarrubias Teacher Thousand Oaks GeneralFund

1.00 FTE 7/31/07

Khanh Bui Teacher Berkeley High GeneralFund

1.00 FTE 7/15/07

Asara Duckworth Teacher Le Conte GeneralFund

1.00 FTE 6/15/07

Andrea Dunn Teacher Emerson GeneralFund

1.00 FTE 6/15/07

Amy Gilliam Teacher Special Ed. GeneralFund

1.00 FTE 6/22/07

Laura Moynihan Teacher Berkeley High GeneralFund

1.00 FTE 8/10/07

Mary-Louise Newling Coordinator B-Tech GeneralFund

1.00 FTE 7/1/07

Luna Oxenberg Teacher Rosa Parks GeneralFund

.60 FTE 6/15/07

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NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOLEAVE OF ABSENCE WITHOUT PAYMary Cazden Teacher Jefferson General

Fund.50 FTE 8/28/07 6/13/08

Nathaniel Lewis Teacher Berkeley High GeneralFund

1.00 FTE 8/28/07 6/13/08

Jody Sokolower Teacher Berkeley High GeneralFund

1.00 FTE 8/28/07 6/13/08

Glenn Wolkenfeld Teacher Berkeley High GeneralFund

1.00 FTE 1/29/08 6/13/08

EXTENDED SICK LEAVE WITH PAYKate Haber Teacher Berkeley High General

Fund1.00 FTE 8/28/07 1/25/08

MATERNITY LEAVE OF ABSENCE WITH PAYAmy Jasper Teacher B-Tech General

Fund1.00 FTE 10/19/07 1/28/08

SABBATICAL LEAVE OF ABSENCE WITH PAYCharles Pratt Teacher Berkeley High General

Fund1.00 FTE 8/28/07 6/13/08

PROBATIONARY TEACHERNina Ackerberg Teacher Willard General

Fund1.0/7-4 8/28/07

Patricia Averette Teacher Berkeley High GeneralFund

1.0/6-10 8/28/07

Nakia Baird Teacher Berkeley High GeneralFund

1.0/5-7 8/28/07

Karen Carter Teacher Le Conte GeneralFund

1.0/6-2 8/28/07

Marian Easthope Teacher King GeneralFund

1.0/3-2 8/28/07

Maia Fjelland Teacher All District GeneralFund

1.0/5-11 8/28/07

Yessica Frias-Gonzalez Teacher Rosa Parks GeneralFund

1.0/3-2 8/28/07

Amy Hansen Teacher Berkeley High GeneralFund

1.0/7-12 8/28/07

Crystal Jensen Teacher Berkeley High GeneralFund

1.0/6-7 8/28/07

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NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOSun Hyung Lee Teacher Longfellow General

Fund1.0/7-1 8/28/07

Sandra Kaszynski Teacher All District GeneralFund

.88/7-10 8/28/07

Damion McNeil Teacher Willard GeneralFund

1.0/3-5 8/28/07

Ross Parker Teacher Berkeley High GeneralFund

1.0/5-3 8/28/07

Vivian Ramstad Teacher Special Ed. GeneralFund

.40/7-12 8/28/07

Allison Smith Teacher Berkeley High GeneralFund

1.0/4-1 8/28/07

Gregory Ward Teacher Longfellow GeneralFund

1.0/7-12 8/28/07

PROBATIONARY II TEACHERJohn Anderson Teacher Willard General

Fund1.0/3-2 8/28/07

Josh Austin Teacher Longfellow GeneralFund

1.0/4-7 8/28/07

Dana Blanchard Teacher Le Conte GeneralFund

1.0/5-6 8/28/07

Ian Bleakney Teacher Longfellow GeneralFund

1.0/5-12 8/28/07

Samantha Borg Teacher Berkeley High GeneralFund

1.0/3-8 8/28/07

Andrew Brodie Teacher Berkeley High GeneralFund

1.0/7-12 8/28/07

Marcella Burnley Teacher Emerson GeneralFund

1.0/3.2 8/28/07

Serene Da Rae Teacher Special Ed. GeneralFund

1.0/7-2 8/28/07

Byron Delcomb Teacher Cragmont GeneralFund

1.0/3-2 8/28/07

Britta Fjelstrom Teacher Willard GeneralFund

1.0/7-8 8/28/07

Anne Frost Teacher Longfellow GeneralFund

1.0/4-3 8/28/07

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NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOGabriela Fuentes Teacher Rosa Parks General

Fund1.0/5-12 8/28/07

Michael Gershberg Teacher Oxford GeneralFund

1.0/5-12 8/28/07

Michelle Gerster Teacher Longfellow GeneralFund

.80/6-4 8/28/07

Renee Harris Teacher Oxford GeneralFund

1.0/2-4 8/28/07

Lauren Hosking Teacher All District GeneralFund

1.0/2-4 8/28/07

Andrea Hosmer Teacher Oxford GeneralFund

1.0/6-2 8/28/07

Michelle Hughes Teacher Berkeley High GeneralFund

1.0/3-5 8/28/07

Tracy Iglehart Teacher Rosa Parks GeneralFund

1.0/7-3 8/28/07

Amy Jasper Teacher B-Tech GeneralFund

1.0/5-11 8/28/07

Allison Krasnow Teacher Willard GeneralFund

1.0/7-9 8/28/07

Holly Lee Teacher Special Ed. GeneralFund

1.0/7-5 8/28/07

Joy Lee Teacher B-Tech GeneralFund

1.0/4-5 8/28/07

Becky Lum Teacher Rosa Parks GeneralFund

1.0/6-12 8/28/07

Miriam Macias-Castellanos

Teacher Rosa Parks GeneralFund

1.0/5-11 8/28/07

Regina Maradiegue Teacher Rosa Parks GeneralFund

1.0/3-2 8/28/07

Rebecca Martin Teacher Berkeley High GeneralFund

1.0/6-2 8/28/07

Susan Mc Donnell Teacher Rosa Parks GeneralFund

1.0/2-9 8/28/07

Kellie McElhaney Teacher Cragmont GeneralFund

1.0/4-6 8/28/07

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NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOAlison Merz Teacher Arts Magnet General

Fund1.0/6-2 8/28/07

Christina Mitchell Teacher Berkeley High GeneralFund

1.0/5-4 8/28/07

Cory Nakamoto Teacher Berkeley High GeneralFund

1.0/7-2 8/28/07

Diana Ortiz-Rodriquez Teacher Franklin EDC ChildDev.

.50/14-01-02 7/1/07

Willow Osborne Teacher Arts Magnet GeneralFund

1.0/3-2 8/28/07

Andrew Peck Teacher Berkeley High GeneralFund

1.0/5-3 8/28/07

Nick Pleskac Teacher Berkeley High GeneralFund

1.0/6-8 8/28/07

Daniel Quach Teacher Berkeley High GeneralFund

1.0/6-8 8/28/07

Sherene Randle Teacher Berkeley High GeneralFund

1.0/4-5 8/28/07

Amir Rashad Teacher B-Tech GeneralFund

1.0/4-9 8/28/07

Roderic Ridgway Teacher King GeneralFund

1.0/3-11 8/28/07

Heather Sadlon Teacher Berkeley High GeneralFund

1.0/7-2 8/28/07

Steffanie Schaeffer Teacher All District GeneralFund

1.0/4-2 8/28/07

David Seegal Teacher Malcolm X GeneralFund

1.0/6-3 8/28/07

Aaron Tigerino Teacher King GeneralFund

1.0/6-5 8/28/07

Beth Trevor Teacher Jefferson GeneralFund

1.0/5-9 8/28/07

Joanna Vilensky Teacher Berkeley High GeneralFund

1.0/7-2 8/28/07

Tanya Zimmerman Teacher Willard GeneralFund

1.0/7-11 8/28/07

Nina Ziskin Teacher Willard GeneralFund

1.0/7-12 8/28/07

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NAME POSITION LOCATION BUDGET FTE & SALARY FROM TOTEMPORARY TEACHERFrancis De Castro School Psych

InternSpecial Ed. General

Fund.80/1-01 8/28/07 6/13/08

Mary (Cantey) Meigs Teacher Arts Magnet PTA/MeasureA

.40/5-3 8/28/07 6/13/08

Benjamin Neumann Teacher Berkeley High GeneralFund

1.0/1-02 8/28/07 6/13/08

Alicia Young School PsychIntern

Special Ed. GeneralFund

.80/1-01 8/28/07 6/13/08

EXTRA DUTY STIPENDSarah Waggoner Teacher In Charge Malcolm X General

FundNTE $2,036 8/28/07 6/13/08

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CLASSIFIED EMPLOYEES

NAME POSITION LOCATION BUDGETCLASSRANGESTEP

FTE &SALARY

FROM TO

RETIREMENTLoretta Lewis Clerical III Independent

Study6/29/07

LaRue Weston Food Service Assistant Willard 6/15/07

DECEASEDJeffrey Cain Maintenance Engineer Maintenance 7/29/07

RESIGNATIONVeyla Barnes Instructional Tech.

(After SchoolWashington 7/31/07

Pusadee Berreman Accounting Tech. SpecialEducation

7/20/07

Michael Bush Instructional Specialist(Garden)

John Muir 6/15/07

Adelia Butler Instructional Tech.(After School)

ThousandOaks

4/27/07

Danielle Deremo Instructional Tech.(After School)

Le Conte 6/15/07

Nrrna Forsher Instructional Tech.(After School)

Arts Magnet 6/15/07

David Grunwald Instructional Tech.(After School)

Oxford 6/15/07

Kuulani Imira Instructional Specialist(After School)

John Muir 6/15/07

Fernando Jiminez Instructional Specialist(After School)

Emerson 6/15/07

Simon Kaplan Instructional Specialist(Drama)

Arts Magnet 6/6/07

Louise Polk Payroll Specialist BusinessServices

7/2/07

Scott Ramsey Instructional Specialist(After School)

Le Conte 6/15/07

Vanessa Sinai Instructional Specialist(After School)

Oxford 6/15/07

Oliver Suttice, III Instructional Specialist(After School)

Malcolm X 6/15/07

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FTE &SALARY

FROM TO

Eva Wert Instructional Specialist(Cooking)

Rosa Parks/Washington

6/15/07

RECALL FROM LAYOFFMarshaMontgomery

Home School Liaison Le Conte BSEP 37/5 .40 FTE$18.93 hr

8/29/07

INTEGRATE SICK LEAVE WITH STATE DISABILITYSam Scott, Jr. Maintenance Tech. Maintenance Maintenance 45/5 1.0 FTE

$22.35 hr7/1/07 1/1/08

Crystal Williams Clerical III EarlyChildhood

Gen. Care 35/5 1.0 FTE$18.00 hr

7/16/07 9/15/07

FAMILY MEDICAL LEAVE WITH PAYPusadee Berreman Accounting Tech Special

EducationSpecial Ed. 43/5 1.0 FTE

$21.96 hr5/7/07 6/1/07

Pusadee Berreman Accounting Tech SpecialEducation

Special Ed. 43/5 1.0 FTE$21.96 hr

7/2/07 7/19/07

Jeffrey Cain Maintenance Engineer Maintenance Maintenance 54/5 1.0 FTE$27.93 hr

5/1/07 6/19/07

FAMILY MEDICAL LEAVE WITHOUT PAYSharon Vernae Sr. Personnel Assistant Human

ResourcesGeneralFund

42/5 1.0 FTE$21.42 hr

7/1/07 8/3/07

EXTENDED SICK LEAVE WITH 50% PAYJeffrey Cain Maintenance Engineer Maintenance Maintenance 54/5 1.0 FTE

$27.936/20/07 7/27/07

James Simon, Jr. Custodian I Willard GeneralFund

32/5 1.0 FTE$16.20 hr

4/10/07 7/11/07

PERMANENTSally Lappen Instructional Assistant

(Special Education)John Muir Special Ed. 31/5 .80 FTE

$16.31 hr8/29/07 6/13/08

PROBATIONARYDinesh Kumar Custodian I Berkeley High General

Fund32/1 1.0 FTE

$13.30 hr5/21/07 11/21/07

Alan Levinson Director of ClassifiedPersonnel

HumanResources

GeneralFund

83/3 1.0 FTE$8,224.65/mth

7/16/07 7/16/08

Elijah Morgan MaintenanceSupervisor

Berkeley High GeneralFund

65/1 1.0 FTE$29.40 hr

6/30/07 6/30/08

Rosa Munoz Administrative Sectyw/o shorthand

State &Federal

Sch Lib/EIA 46/1 1.0 FTE$19.36 hr

7/1/07 1/1/08

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FTE &SALARY

FROM TO

PROVISIONALAdelia Butler Instructional Assistant

(ECE)Hopkins Gen. Care 29/1 .40 FTE 4/2/07 6/30/07

Rosa Munoz Administrative Sectyw/o shorthand

State &Federal

Sch Lib/EIA 46/1 1.0 FTE 4/2/07 6/30/07

AVAILABLE SUBSTITUTESSonja Alford Food Service Assistant General Fund All District 26/1 NTE 7.5

hrs/day$11.46 hr

3/22/07 6/15/07

Carolyn Bolden Food Service Assistant General Fund All District 26/1 NTE 7.5hrs/day$11.46 hr

3/20/07 6/15/07

Veronica Diggs Clerical Specialist General Fund All District 42/1 NTE 7.5hrs/day$16.90 hr

3/5/07 6/15/07

Martrell Dinkins Food Service Assistant General Fund All District 26/1 NTE 7.5hrs/day$11.46 hr

5/9/07 6/15/07

Jason Grier Custodian I Berkeley High GeneralFund

32/1 NTE 7.5hrs/day$13.30 hr

7/11/07 6/13/08

Sara Hampton Ext. Day ProgramCoordinator

John Muir John Muir 52/1 NTE 7.5hrs/day$22.51

3/20/07 3/30/07

Michelle Payton Clerical Specialist HumanResources

GeneralFund

42/1 NTE 7.5hrs/day$17.58 hr

7/24/07 6/13/08

Aisha Sims Food Service Assistant General Fund All District 26/1 NTE 7.5hrs/day$11.46 hr

4/17/07 6/15/07

TEMPORARY/HOURLY/LIMITED TERMDavid Alfandary Student Worker

(Workability)Special Ed. Berkeley

HighN/A 50 total hrs

$7.50 hr3/5/07 6/15/07

Larry Alfred Tutor-Specialty(After School)

BSEP Longfellow 31/1 5 hrs/wk$13.38 hr

5/15/07 6/15/07

Umer Awan Tutor-Specialty(Math)

BSEP BerkeleyHigh

31/1 10 hrs/wk$13.38 hr

5/15/07 6/15/07

Margarita Balazs Clerical III Child Care King CDC 32/1 70 total hrs$13.73 hr

7/2/07 8/31/07

Page 9 of 13

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FTE &SALARY

FROM TO

David Barba Instructional Assistant General Fund Rosa Parks 29/1 10 hrs/wk$12.26 hr

3/26/07 6/15/07

Kevin Blackmon-Esclovon

Student Worker 21st Century Oxford N/A 10 hrs/wk$7.50 hr

3/5/07 6/15/07

Larry Bullard Lifeguard BSEP King N/A 30 hrs/wk$11.45 hr

5/1/07 6/16/07

Norma Cano Clerical II Title IEIALEP

State &Federal

32/1 30 hrs/wk$13.73

7/1/07 6/13/08

Heather Collins Instructional Tech. Title III Arts Magnet 34/1 6 hrs/wk$13.86 hr

4/15/07 6/15/07

John Crockett Grounds Gardener Maintenance Maintenance 36/1 37.5 hrs/wk$14.67 hr

5/7/07 10/31/07

Micah Dandan Tutor-Specialty(Work Study)

BSEP BerkeleyHigh

3/1/07 10 hrs/wk$12.87 hr

3/1/07 6/15/07

Melanie DeMore Instructional Specialist(Choral)

BSEP Malcolm X 51/1 12 hrs/wk$21.12 hr

5/6/07 6/15/07

John Douglas Instructional Specialist(Percussion)

BSEP Arts Magnet 51/1 13 hrs/wk$21.12 hr

2/27/07 6/15/07

Michelle Evans Instructional Tech.(EDP)

LRN SAFE Longfellow 34/1 10 hrs/wk$13.86 hr

3/1/07 6/12/07

Alexandra Gee Instructional Assistant SIP ParentOutreach

29/1 3 total hrs$12.26 hr

4/15/07 6/30/07

GuillerninaGonzalez

Instructional Assistant SIP State &Federal


4/15/07 6/30/07

David Grunwaldt Instructional Tech.(After School)

Title I Oxford 34/1 6 hrs/wk$13.86 hr

3/26/07 6/15/07

Markest Hall Student Worker(Workability)

Special Ed. BerkeleyHigh

N/A 50 total hrs$7.50 hr

3/7/07 6/15/07

Andrew Hanauer Instructional Tech.(After School)

Title I Oxford 34/1 6 hrs/wk$13.86 hr

3/19/07 6/15/07

Pamela Harrison-Small

Ext. Day ProgramCoordinator

21st Century Arts Magnet 52/5 60 total hrs$26.37 hr

3/7/07 6/15/07

Emir Haskovic Tutor-Specialty(Math)

BSEP BerkeleyHigh

31/1 10 hrs/wk$12.87 hr

5/10/07 6/15/07

Jennifer Hernandez Student Worker Transportation Transporta-tion

N/A 5 hrs/day$7.50 hr

6/26/07 8/24/07

Page 10 of 13

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FTE &SALARY

FROM TO

Anna Herrera Instructional Assistant SIP State &Federal


4/15/07 6/30/07

Timothy Hewitt Student Worker 21st Century Oxford N/A 10 hrs/wk$7.50 hr

3/5/07 6/15/07

Dante Hubert Student Worker Transportation Transporta-tion


7/2/07 8/24/07

Julia Ibarra Instructional Assistant EIALEP State &Federal

29/1 75 total hrs$12.75 hr

8/13/07 8/24/07

Monique Jenkins Student Worker(Workability)

Special Ed. BerkeleyHigh

N/A 18 hrs/mth$7.50 hr

12/21/06 6/15/07

Julian Johnson Student Worker Transportation Transporta-tion


7/10/07 8/24/07

Derek Kermode Tutor-Specialty(Math)

BSEP BerkeleyHigh

31/1 10 hrs/wk$12.87 hr

8/30/06 6/15/07

Felipe Lopez Tutor-Specialty(Math)

BSEP BerkeleyHigh

31/1 10 hrs/wk$12.87 hr

5/10/07 6/15/07

Margaret Ludwig Instructional Assistant After School Cragmont 29/1 80 total hrs$12.26 hr

2/1/07 6/15/07

Amiel Mallari Grounds Gardener Maintenance Maintenance 36/1 37.5 hrs/wk$14.67 hr

5/7/017 10/31/07

Christina Miller Student Worker Adult School AdultSchool

N/A 10 hrs/wk$7.50/hr

6/1/07 6/30/08

Ngozi Mordi Tutor-Specialty(Work Study)

Berkeley High BSEP 31/1 10 hrs/wk$12.87 hr

4/10/07 6/15/07

Emily Ng Tutor-Specialty(Math)

Berkeley High BSEP 31/1 10 hrs/wk$12.87 hr

5/14/04 6/15/07

Taeko Okamura Instructional Specialist King SCH LIB 51/1 12 total hrs$21.96 hr

4/1/07 6/15/07

STIPENDSJohn Anderson Coach

(Boys Baseball)Willard General

FundN/A $600.00 2/1/07 6/1/07

Brian Bort Assistant Coach(Boys Track)


N/A $446.60 2/1/07 6/1/07

Emily Burkett 80% Assistant Coach(Girls Crew)


N/A $1355.20 2/1/07 6/1/07

Page 11 of 13

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FTE &SALARY

FROM TO

William Gaebler Head Coach(Boy & GirlsSwimming)


N/A $2680.00 2/1/07 6/1/07

Humphrey Garrett 80% Assistant Coach(Girls Track)


N/A $1778.40 2/1/07 6/1/07

Brooks Geiken Coach(Boys & Girls Track)

King GeneralFund

N/A $600.00 4/1/07 6/4/07

MichaelHammerquist

40% Assistant Coach(Boys Track)


N/A $889.20 2/1/07 6/1/07

Darrell Hampton Head Coach(Boys & Girls Track)


N/A $3334.50 2/1/07 6/1/07

Ron Harper Assistant Coach(Boys Basketball)


N/A $674.40 11/1/06 3/15/07

Frank Haskell 80% Assistant Coach(Girls Softball)


N/A $1656.80 2/1/07 6/1/07

Ron Hunt Head Coach(Girls Softball)


N/A $2071.00 2/1/07 6/1/07

Eugenio Juarez Head Coach(Boys Soccer)


N/A $1421.00 11/1/06 3/1/07

Jeremy Lebeau Assistant Coach(Boys Baseball)


N/A $1656.80 2/1/07 6/1/07

David Massey 80% Assistant Coach(Boys LaCrosse)


N/A $1072.00 2/1/07 6/1/07

Tim Moellering Co-Head Coach(Boys Baseball)


N/A $3334.50 2/1/07 6/1/07

Chris Paik Head Coach(Boys Volleyball)


N/A $1340.00 2/1/07 6/1/07

Rey Quides Coach(Boys Baseball)

King GeneralFund

N/A $600.00 3/1/07 5/15/07

Brian Richardson Head Coach(Boys Tennis)


N/A $1040.00 2/1/07 6/1/07

Chris Robison 60% Assistant Coach(Boys Baseball)


N/A $1242.60 2/1/07 6/1/07

Curtis Sandeford Co-head Coach(Boys Baseball)


N/A $2071.00 2/1/07 6/1/07

Page 12 of 13

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FTE &SALARY

FROM TO

RhondaWashington

Coach(Cheerleading)


N/A $631.00 8/30/07 6/15/07

Craig White Assistant Coach(Boys Tennis)


N/A $300.00 2/1/07 6/1/07

Megan White Coach(Girls Softball)

King GeneralFund

N/A $600.00 3/1/07 5/31/07

Page 13 of 13

3.1-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: August 22, 2007SUBJECT: Overnight Field Trip and Out of State Travel Requests

BACKGROUND INFORMATIONThe following Out of State Travel Requests are being made:

International Baccalaureate Program Level I Workshop, Houston, Texas –September 28-October 1, 2007Approve participation of Berkeley High School teachers, Cathy Dao, KarlaHerndon, and Jeff Liu, on a four-day, three-night trip to Houston, Texas. Thegroup is scheduled to depart on Friday, September 28, and return on Monday,October 1, 2007. This workshop provides training and assistance for schoolsthat have IB authorization. Theses workshops are essential for teachers whomust have International Baccalaureate training in order to teach IB classes.The estimated total cost of the trip for all participants is $6,535.00. Thisincludes conference registration fees, room accommodations, and round-triptravel and will be paid by funds from Title II. Requested by Rory Bled,Assistant Principal – Berkeley High School.

American Association of School Librarians (A.A.S.L.)/ALA Annual ConferenceReno, Nevada – October 25-28, 2007Approve participation for Becca Todd, District Library Coordinator, EllieGoldstein-Ericksen, Berkeley High School Librarian, and Tom Holmes, KingMiddle School Librarian on a four-day, three-night trip to Reno, Nevada. Thegroup is scheduled to depart on Thursday, October 25, and return on Sunday,October 28, 2007. This national conference provides professional developmentfor school library media teachers, offering participants an opportunity to learnfrom national leaders in the field and the best practices from around thecountry. Workshops are designed to help professional school librarians learnmore about implementing A.A.S.L. Information Literacy standards,collaborating with teachers, raising literacy levels of students, and otherlibrary-related programs. The cost of the travel arrangements, includingregistration and the cost of one substitute for a total $825.00 will be funded byBSEP.

International Baccalaureate Program Level I Workshop, Savannah, Georgia –December 7-10, 2007Approve participation of Berkeley High School teachers, Cory Nakamoto andNick Pieskac, on a four-day, three-night trip to Savannah, Georgia. The groupis scheduled to depart on Friday, December 7 and return on Monday,December 10, 2007. This workshop provides training and assistance for

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schools that have IB authorization. The estimated total cost of the trip for allparticipants is $4,480.00. This includes conference registration fees, roomaccommodations, and round-trip travel and will be paid by funds from Title II.Requested by Rory Bled, Assistant Principal – Berkeley High School.

The following Overnight Field Trip Request is being made:

Wawona Peach Tree Tennis Classics, Clovis, California – September 7-8, 2007Approve participation of up to sixteen (16) women’s varsity tennis students andfive (5) other adults from Berkeley High School on a two-day, one-night fieldtrip to Clovis, California. The participants are scheduled to depart at 3:00 p.m.on Friday, September 7, and will return at 3:30 p.m. on September 8, 2007.The purpose of the trip is to allow team members to participate in the pre-season C.I.F. Wawona Peach Tree Tennis Classics. Private vehicles will providetransportation to Clovis, California and will deliver students directly to theirhomes on September 8. Accommodations for the students are at the MarriottTown Place Suites in Fresno, California. Fund raising efforts will provide fundsfor the $1,500.00 total cost. Requested by Pasquale Scuderi, AssistantPrincipal – Berkeley High School.

POLICY/CODEEducation Code, Section 35330 - Excursions and Field Trips

FISCAL IMPACTSee above

STAFF RECOMMENDATIONApprove out-of-state travel requests

3.2-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: August 22, 2007SUBJECT: Approve Contracts with California Department of Education

BACKGROUND INFORMATIONEach year the District enters into contracts with the California Department ofEducation State for funding for the Childhood Education programs.

POLICY/CODEChild Development DivisionCalifornia Ed. Code Title 5

FISCAL IMPACTState Preschool Program - $160,000; School Age Child Resource Program -$3,466.00; General Child Care and Development Programs -$123,240.00; and Infant and Toddler Child Care Program - $2,535.00TOTAL: $289,241

STAFF RECOMMENDATIONAuthorize the Contracts with the California Department of Education for FiscalYear 2007-08

3.3-C


TO: Michele Lawrence, SuperintendentFROM: Elaine Eger, Manager of Special EducationDATE: August 22, 2007SUBJECT: Ratification of Non-public School Placements for

Special Education Students

BACKGROUND INFORMATIONBelow are non-public school placement contracts for Special Educationstudents that were established at the end of the 2006-07 school year. Abrief description of the rationale for each placement is included.

A. Non-public school placement at Seneca CenterStudent’s DOB 7/17/1991Student qualifies as emotionally disturbed and has beenrecommended for Alameda County Mental Health Services (AB3632) day treatment. Entrenched, prolonged pattern of self-injurious and self-endangering behavior has prompted the IEPteam to recommend a nonpublic school day treatment placementat Seneca Center, which possesses a strong behavioral component.Start date was 5/17/07.Duration: 5/17/07 to 6/30/07Daily rate: $153 x 26 days = $ 3,978Total: $ 3,978

B. Non-public school placements at Children’s Learning CenterStudent’s DOB 7/3/2000Student qualifies as emotionally disturbed and has beenrecommended for AB 3632 mental health services due toincreasingly bizarre, self-endangering behaviors. The IEP teamrecommends placement at Childrens Learning Center in Alameda.Start date was 5/21/07.Duration: 5/21/07 to 6/30/07Daily rate: $160 x 24 days = $ 3,840Total: $ 3,840

Student’s DOB 8/10/1992Student qualifies as emotionally disturbed by IEP team. Initial AB3632 (ACMH) assessment in 1/06 found her eligible for outpatientservices. There was a subsequent request for change in level ofservice in 12/06 due to deteriorating ability to function in schoolsetting. An IEP team decision was made to place at Children’sLearning Center due to constant peer conflict, combined with at-risk and self-endangering behaviors. Start date was 4/16/07.

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Duration: 4/16/07 to 6/30/07Daily rate: $160 x 44 days $ 7,040Related Svcs: 279Total: $ 7,319

C. Non-public school placement at Red Rock Canyon SchoolStudent’s DOB 10/10/1991Student qualifies as emotionally disturbed, due to increasinglyself-endangering behavior and aggression toward peers. At therecommendation of Alameda County Mental Health (AB 3632) andthe IEP team, this student was placed at Red Rock Canyon Schoolin St. George, Utah, an accredited and CA state certified residentialtreatment facility. Start date was 5/21/07.Duration: 5/21/07 to 6/30/07Daily rate: $100 x 29 days = $ 2,900Total: $ 2,900

D. Non-public school placements at Stars West High SchoolStudent’s DOB 8/8/1991This ninth grade student was expelled from BUSD through August2007, and placed at Rock LaFleche County Program by BUSDAdministration. Due to significant aggressive and self-injuriousbehaviors, there was an IEP team decision to place student at anonpublic school setting. Student recently re-qualified asemotionally disturbed. A recently completed AB 3632 assessmentby ACMH found student eligible for, and recommended, daytreatment services at Stars West Alternative High School (part ofthe Stars West High School day treatment facility). Start date was5/3/07.Duration: 5/3/07 to 6/30/07Daily rate: $155 x 30 days = $ 4,650Related Svcs: 1,200Total: $ 5,850

Student’s DOB 4/21/1991This 10th grade student was found eligible for Special Educationservices under emotionally disturbed criteria due to extremedepression, non-attendance, and her general inability to functioneffectively in a comprehensive public school setting. An IEP teamdecision placed her at a nonpublic school (Stars West High Schoolday treatment). She is currently being assessed by AB 3632(ACMH). Start date was 5/1/07.Duration: 5/1/07 to 6/30/07Daily rate: $155 x 29 days = $ 4,495Related Svcs: 310Total: $ 4,805

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E. Nonpublic school placements at Sunny Hills Residential TreatmentStudent’s DOB 12/2/1996Student qualifies as Emotionally Disturbed and has beenrecommended for and receives Alameda County Mental HealthServices (AB 3632). Recent pattern of self-injurious, high risk, andaggressive behavior resulted in student being 5150’d to anadolescent psychiatric unit where he remained from 6/8/07 to6/23/07. IEP team, at recommendation of psychologist andtreating psychiatrists, is recommending residential treatment atSunnyhills Residential Treatment Facility, in concert with AlamedaCounty Mental Health. Start date was 6/26/07.Duration: 6/26/07 to 6/30/07Daily rate: $162 x 4 days = $ 648Total: $ 648

Student’s DOB 6/14/1994Student was new to BUSD in Fall 2006. Student was qualified asEmotionally Disturbed in February 2007, and is in process of beingassessed for AB 3632 (ACMH) services. The IEP team made adecision to place student at James Sylla School (Sunny Hills), astate certified nonpublic school, due to rapidly escalating,unprovoked, aggressive behavior against peers. Start date was4/3/07.Duration: 4/3/07 to 6/30/07Daily rate: $162 x 40 days = $ 6,480Total: $ 6,480

POLICY/CODEBoard Policy 0430Education Code 56365(a), 56361(e), 56366

FISCAL IMPACT$35,820.00 in expenses to the General Fund.

STAFF RECOMMENDATIONRatify the non-public school placement for these students.

3.1

3.4-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: August 22, 2007SUBJECT: Approval of the 2007 - 2008 Consolidated Application for

Funding Categorical Programs, Part I

BACKGROUND INFORMATIONPart I of the Consolidated Application for Funding Categorical Programsdeclares the District’s intent to apply for 2007-2008 categorical program funds.The District Advisory Committee (DAC) and the District English LearnerAdvisory Committee (DELAC) have reviewed the application and have had anopportunity to advise staff in its preparation.

The annual application includes data reports as well as the basic legalassurances for all of the categorical programs. Compliance with theseassurances is required, indicating that the school district will abide by all ofthe regulations for the programs that are included in the application, which arelisted below.

Federal and State funds for Special Needs Students included in the applicationare:

Title I, Part A (Basic Grant Low Income), NCLB Sec. 101Title III, Part A (LEP Students), NCLB Sec. 301Economic Impact Aid, EC 54000

Federal and State funds for School Improvement and Professional Developmentincluded in the application are:

Title II, Part A (Teacher Quality), NCLB Sec. 201Title V, Part A (Innovative Programs), NCLB Sec. 5101Peer Assistance and Review, EC 44500

Federal and State funds for Safe and Drug-Free Schools included in theapplication are:

Title IV, Part A (Safe and Drug Free Schools), NCLB Sec. 401Tobacco Use Prevention Education (TUPE) Program, Health and Safety104350AB1113 School Safety, EC 32228Cal-SAFE, EC 54704

State funds to improve student performance on the California High School ExitExam included in the application are:

Middle and High School Supplemental Counseling Program, EC 52378,EC 52380

The Consolidated Application previously included certain funds that are now

3.4-C

part of the Categorical Program Reform Block Grant (AB 825), such as SchoolImprovement Program (SIP), Tenth Grade Counseling, School Library Materials,and Instructional Time and Staff Development Reform.

The reports below are required to be included in the Consolidated Applicationby the No Child Left Behind Act (NCLB):

• The number of students who transferred under the “choice” option ofNCLB

• The number of students who received Supplemental Services underNCLB

• The number of homeless students by grade and living situation• Expenditures for Title V, Innovative Programs• School Reports for expulsions and suspensions by Ed Code violation as

well as truancy• The LEA report for California School Age Families Education (Cal-SAFE)• Title I report of Program Improvement Activities by site• Uniform Management Information Reporting System (UMIRS) report

related to “persistently dangerous schools• California School Age Families Education (Cal-SAFE) report• Title II teacher and paraprofessional report• NCLB Highly Qualified Teacher requirement reports• Prayer policy certification• Parent Involvement Policy Certification

A complete copy of the Consolidated Application is available in theSuperintendent’s Conference room for public viewing.

POLICY/CODEEducation Code Section 64000-64001

FISCAL IMPACTApproximately $2,980,000 in supplemental funding for categorical programs

STAFF RECOMMENDATIONApprove Part I of the Consolidated Application for Funding CategoricalPrograms.

3.5-C


TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: August 22, 2007SUBJECT: Ratification of a Middle School Science Grant, Solar—Fusion

to Function

BACKGROUND INFORMATIONThe science department chairpersons at the three middle schools havecollaborated in writing a $10,000 grant proposal, entitled Solar—Fusionto Function, which has been funded by BP, formerly British Petroleum, amultinational oil/energy company based in London. The full amount ofthe grant will be used to purchase equipment to increase students’knowledge of astronomy and renewable energy. The proposal is intendedto include all eighth graders in the District and is designed to connect tostudents’ work in the school gardens and kitchens.

The grant proposal seeks to generate awareness and increase use ofalternative energy sources among students through a study of stars, thesun, and solar power. Students will collect data on the sun and light,using solar scopes and models of the sun to investigate its anatomy andsurface, as well as prisms, filters and light sources to investigate thenature and behavior of light. They will study the effect of light upon theearth by mapping the sun’s position over the horizon and measuringchanges in luminosity and soil temperature at their sites, usingtemperature probe ware, light meters and accompanying graphingcalculators. Their data will enable them to make decisions about theoptimal placement of solar ovens at their sites in order to cook produceharvested from the school gardens. They will share their knowledge ofsolar power with their families as they also estimate their home energyuse with watt meters.

If the grant is ratified by the Board, the equipment will be ordered for usethis school year. A copy of the grant proposal is attached.

POLICY/CODEBoard Policy 6141

FISCAL IMPACT$10,000 in grant funds for science equipment

STAFF RECOMMENDATIONRatify the grant application for middle school science, Solar—Fusion toFunction.

Solar – Fusion to Function (SF2) Berkeley Unified School District, CA

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PROJECT SUMMARY:The Berkeley Unified School District Solar -- Fusion to Function (SF2) program will generate awareness,acceptance and use of alternative energy sources among middle school teens through a study of stars, the sun andsolar power. Students will master topics in astronomy and renewable energy as they trace the pathway of light onearth to its source in fusion within the sun. They will collect data on the sun, light, and seasons, in order to makedecisions about optimal placement of solar ovens for their school. Food harvested at each middle school’s existinggarden-kitchen programs will be cooked in solar ovens, drawing attention to the role of the Sun’s energy ingrowing and cooking food, and providing an opportunity to engage additional community members in resultingrecipes. Lessons from the above activities will be disseminated to the broader school community throughpresentations made by participating 8th grade students to the lower grades. Participants will also reach out to thebroader youth community through announcements and an interview on the existing local youth run radio station inorder to heighten awareness of the program and the promise of solar energy. Finally, families will be involved asthey employ watt meters and web-based energy calculators to assess their home energy usage and identify areas ofuse where solar energy would effectively replace current energy sources.

PROJECT BUDGET:

Item Description Cost /Unit

QTY Total Cost Vendor Information StockNumber

PART 1 HEAVENS

Coronado 40mm -400mm Solar Scope $ 599.00 5 $2,995.00 Optics PlanetCO-SO-PST

SunSpotter $ 350.00 7 $2,450.00 learningtechnologiesinc.com LT 70PART 2 EARTH -Data CollectionVernier LabPro Interface $ 220.00 9 $1,980.00 Vernier LABPROVernier Light Sensor $ 49.00 8 $ 392.00 Vernier LS-BTAVernier Temperature Ptobe $ 29.00 8 $232.00 Vernier TMP-BTAPART 2 EARTH - CookingReflecting Dish $240.00 3 $ 720.00 www.abetterfocus.com NAInverted Oven Accessory $115.00 3 $ 345.00 www.abetterfocus.com NAInsulated Barbeque Pan $45.00 3 $ 135.00 www.abetterfocus.com NAHotPot Simple Solar Cooker $ 119.00 3 $ 357.00 Gaiam 01-0478

Estimated Shipping Costs $ 394.00Total $10,000.00

PROJECT DESCRIPTION:Americans’ knowledge of renewable energy is low. A 2001 national survey conducted by the NationalEnvironmental Education and Training Foundation found only 12% of the participating adults had a basic or‘passing’ understanding of energy sources and consumption in the U.S. Just 1% had an ‘excellent’ understanding ofenergy sources and consumption. Important policy discussions are limited by this low energy IQ. What is more,technologies such as solar energy are clean and limitless but their adoption is constrained by a lack of awareness oftheir existence, knowledge of their potential and current attitudes toward their adoption. In spite of its benefits,solar power has little presence in current energy markets when compared to the well known non-renewablesources. It is suggested that what is needed is more widespread use of the technologies associated with solar powerboth to make people aware of its potential and to reach the economies of scale that will drive down its price. TheSF2 program is designed to support these changes. The program will rely on research showing that intentions touse solar energy are driven by individuals’ awareness of the technologies that harness solar energy, knowledge ofsolar energy as a renewable energy source and their attitudes toward its use.1

1 Bang, Hyae-Kyong, Alexander Ellinger, et al., “Consumer Concer, Knowledge, Belief and Attitude toward Renewable Energy: AnApplication of the Reasoned Action Theory,” Psychology and Marketing, vol. 17(6); pp.449-468, June, 2000.


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The program builds on existing district-wide efforts to build student awareness about healthy eating and sustainablefarming practices through school garden-kitchen programs at each of the district’s three middle school sites –Longfellow Middle School, M.L. King Middle School, and Willard Middle School.

Berkeley’s school garden-kitchens have been initiated, built and maintained by students. They are places wherestudents learn the basics of ecology, care for the environment and healthy diet by growing, harvesting and cookingproduce in school based gardens and kitchens. Humans’ and plants’ use of energy -- in particular sun light --penetrates this enterprise throughout. SF2 builds on this connection by clarifying the links between solar energy,food production and food preparation through direct instruction, experiential-constructivist learning, and peer-to-peer instruction that meets science content standards set by the State of California.

Berkeley Unified School District’s eighth grade science students (approximately 560 in all) will direct their attentionto the heavens, the earth and their community to appreciate the source and potential of solar power in everydayliving. These students, ranging in age from 12 to 14 will meet California State science standards in astronomy andscientific inquiry through participating in the SF2 program. Students will meet content standards in astronomy asthey study stars as a basis for their awareness of solar power as a viable energy source useful for everyday tasks. Inparticular, as students trace the course of sunlight and solar power on earth to its origin in the sun, they will learn:1) CA Science Standard 4.a – 4.b The sun is one of many stars in the Milky Way galaxy and that stars may differ insize, temperature and color; 2) CA Science Standard 4.c Stars are the source of light for all bright objects in space; 3)CA Science Standard 4.d Students know how to use astronomical units and light years as measures of distancesbetween the Sun, stars and Earth; 4) CA Science Standard 9 Students know scientific progress is made by askingmeaningful questions and conducting careful investigations.

GOALSThe SF2 program target audience is all 8th grade students (560 students) in Berkeley Unified School Districtattending one of the three middle schools. All 8th grade science classes attend 6 to 8 class sessions in their school’sgarden-kitchen programs resulting in a total of 9 – 12 student contact hours spent on garden activities each year.SF2 will take place inside the 8th grade science classrooms across the district and during these school garden-kitchen hours. This will allow for involved projects to be carried out in both settings. It is in this context that SF2will achieve its goals while meeting California content standards for 8th grade science.

Awareness Goal : Student awareness of solar energy and simple, effective ways to harness it to perform work willincrease as a result of participation in the SF2 program. Applying results of the Environmental Education andTraining Foundation survey, we assume that approximately 10-12% of 8th grade youth have a ‘passing’understanding of renewable energy sources and their potential for use in our everyday lives. After the 3rd month oftheir participation in the SF2 program, the percentage of students with a basic knowledge of solar energy and its application to everydaywork tasks will increase from 10% to 50% (from approximately 57 to 280 students).

Knowledge Goal: Heightened knowledge of renewable energy has been shown to lead to stronger beliefs about thebenefits of using renewable sources of energy.2 The SF2 program will emphasize solar energy as a renewableenergy source. Pivotal to this understanding of solar power as a renewable energy source will be students’ masteryof where solar energy comes from, the processes through which it is created in the Sun and the ways it can beharnessed to do work. We are assuming that approximately 10% of our incoming 8th grade students will have a fairunderstanding of how sun light is created and the ways it can be harnessed to do work before the start of the SF2program. By the end of the 3rd month of their participation in the SF2 program the percentage of students who are able to explainhow light is created in the sun, and can be used to perform everyday work will increase four-fold from 10% to 40% (an increase from 57to 224 students).

2 Bang, et al., 2000.


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Attitude Goal: It is expected that students will tend to have positive attitudes towards use of renewable energysources in general and solar power in particular. Where this is the case, the SF2 program will ensure that students’attitudes toward use of solar energy remain positive. Throughout participation in the SF2 program student attitudes towarduse of solar power as a renewable energy source will remain positive.

Science Content Goal: Historically, Berkeley Unified School District’ 8th grade science students tend to experience amean increase in scores on science content tests by 20% between pre and post-assessment. Teachers expect thesame mean gain in the SF2 program for each of the science content standards. These include 1) The sun is one ofmany stars in the Milky Way galaxy and that stars may differ in size, temperature and color; 2) Stars are the sourceof light for all bright objects in space; 3) Students know how to use astronomical units and light years as measuresof distances between the Sun, stars and Earth; 4) Students know scientific progress is made by asking meaningfulquestions and conducting careful investigations. Students participating in SF2 will demonstrate a 20% increase in meanscores between the pre-assessment and post-assessment.

The program has the potential to continue indefinitely as the initial investment of funds will provide durableequipment that will last for many years of program operation. In addition, the school district’s investment to-datein school garden-kitchen programs produce momentum for a complimentary program such as SF2.

ACTIVITIES Phase I – The Heavens Eighth grade science students at each of the district’s three middle schools will direct their attention to the heavens,the earth and their community as they appreciate the source and potential of solar power in everyday living.Student activities begin with a focus on the heavens by carrying out activities designed to build understanding ofthe sun as one of many stars, while studying the nature and role of the light produced by the sun. Experiments willbe carried out during physical science classes mandatory for all eighth graders. They will be led by the nine scienceteachers that make up the 8th grade teaching staff for the district. In this first phase of the program materials fromthe astronomy portion of the budget will be used. Materials in this part of the program include solar scopes andmodels of the sun to investigate its anatomy and surface, as well as prisms, filters and light sources to investigatethe nature and behavior of light.

ACTIVITIES Phase 2 – The Earth Students will then turn their attention toward earth and practical application as they map apparent changes in thesun’s position over the horizon and measure changes in luminosity and soil temperature across the campus. Theseactivities will culminate in students using the data they have collected and their new understanding of the sun as anenergy source to make decisions about placement of solar ovens on the districts’ three middle school campuses.Students will carry out the data collection activities and the decision making process within their science classes.Materials for this part of the program will include solar scopes, temperature probe ware, light meters and theiraccompanying graphing calculators. Solar ovens described in the budget will be used for student cooking efforts.

ACTIVITIES Phase 3 – The CommunityLastly, students will turn their attention to their community. After working with garden staff at each of the schoolsites to build and cook with their school’s solar ovens, eighth grade students will work in teams of three to deliverpresentations to younger classes. Impact will further expand as all eighth grade students work with their families tomake estimates of home energy savings they could be making through utilization of solar power and a small groupof students will present on the local youth radio station. Materials for this part of the SF2 program will includewatt meters that measure the amount of electricity used by home appliances and on-line energy calculators. Wattmeters will be supplied by the PG&E classroom loan program.


3.5-C

Solar -- From Fusion to Function Program Outline 9-07

10-07

11-07

12-07

1-08

2-08

3-08

4-08

5-08

The Heavens Conduct experiments into the nature of light, the visible spectrumand the relationship between the color of stars and theirtemperature in order to classify stars. X X

Use solar scopes to track apparent movement of sun acrosshorizon

X X

Investigate changing properties of sun surface w/ solar scopes X XCreate luminocity and temperature maps of key areas on campus X X XBuild scale models of the sun to investigate its anatomy andcomposition as an example of a main sequence star.

X

Create large picture books detailing creation, journey and arrival ofsunlight to earth’s surface for use in peer-to-peer teaching with 6th

graders.

X

The Earth Investigate functioning of solar ovens as a way to harness sunlight. XStudents present and utilize findings from luminocity andtemperature measurements as well as oven features to choose ideallocations for school garden solar ovens

X

Students use gardening days to assemble and place solar ovens onmiddle school campuses

X X

Create and utilize recipes for solar ovens during allotted class timein school garden-kitchen classes

X X

TheCommunity

Work with students and family members to use PG&E On-LineEnergy Analyzer and measure power consumption of core homeappliances using watt meters.

X X

Calculate potential long-term costs and savings and discussenvironmental impact of using solar panels at home.

X

Compile, package and distribute ‘solar recipes’ and solar ovenplans to younger grades during presentations on sources and rolesof solar power to other classes.

X X X

Communicate findings on solar energy to local youth via youth runradio station.

X

STUDENT LEADERSHIPAs stated above, Berkeley’s school garden-kitchen programs have been initiated, built and maintained by students.SF2 continues this precedent through a series of youth leadership opportunities. First, the program will build upstudents understanding of the sun and the principles of solar energy to allow students to choose the sites for andbuild solar oven kits on their school’s grounds. Second, the program will empower 8th grade participants with theconceptual understanding of the Sun and solar energy as well as the opportunities necessary to conduct peer teach-ins with the schools’ 6th and 7th graders. These communications efforts will be broadened where a small group ofSF2 students participate in an interview and make announcements on the local youth radio station. Lastly, SF2provides opportunities for leadership at home. The program will structure interactions at home in which studentshave meaningful roles in helping their families save money and become more aware of sustainable sources ofenergy. This will be accomplished through student analyses of their family’s energy use and description of wherethe household could benefit from use of solar energy.

COMMUNITY INVOLVEMENTThe SF2 program will be bolstered through partnerships within the middle schools and the broader community.Science teachers at each of the district’s three middle schools have been working together to create commoncurriculum and assessment tools for the past two years. SF2 is one of several products of this collaboration. Sixthand seventh grade science teachers have also been involved in planning SF2 and are supportive of the peerteaching sessions that will be led by eighth graders as a part of their SF2 participation.

Science teachers at each of the three school sites are also Engineering Teacher Fellows in the UC BerkeleyEngineering Department’s ADEPT program which gives these teachers access to graduate and undergraduateengineering students for a total of fifteen hours per week to develop curriculum, supply technical advice and work


3.5-C

closely with students in small group settings. Engineering students have already been employed in the design ofSF2, thinking through the materials requirements and structuring the program’s activities. Personnel in theEngineering Department have also been a source of support in teachers’ fundraising efforts and in developing longterm strategies to enrich the districts’ science program.

The 2007-2008 year will also mark the beginning of a partnership between Berkeley middle schools and Bay AreaProject ASTRO – an education program of the Astronomical Society of the Pacific. Beginning in the summer of2007 Project ASTRO will lead teacher training sessions for Berkeley middle school science teachers, supply avolunteer astronomer-educator to work with the individual classes throughout the school year and make availabletheir library of astronomy related slides, videos and books. Lastly, the middle school science departments have alsobenefited from technical support from the UC Berkeley School of Education’s Organization and Measurementdepartment which has provided advice and training in development of assessment strategies.

These formal partnerships will enrich experiences of eighth graders participating in the SF2 program and buildinstitutional-teacher knowledge of the astronomy and energy content of the project. It is worth noting howeverthat the community members who stand to add the most to the program will be students’ families. An importantstage in the SF2 program’s efforts to change student awareness and use of renewable energy sources will take placeas families work with their learners to measure power usage of key home appliances and assess the householdenergy use through on-line calculators.

PROJECT EVALUATIONThe Solar -- Fusion to Function program is unique in that it is a school based program designed to facilitatestudent learning as well as create awareness, acceptance and use of solar power as a renewable energy source.Students’ understanding of the astronomy standards addressed in the program will be assessed in two ways. SF2will use a pre- post- model which also includes regular formative assessments during instruction in order tomeasure growth and inform instruction as it occurs. The assessment items have been assembled from existingassessment instruments that have been previously validated at either the secondary level or with middle schoolstudents. The items are a mix of multiple-choice, open ended and true false items. SF2 will also assess studentunderstanding during student peer-to-peer presentations. Eighth grade SF2 participants will be scored on theircontent knowledge of both astronomy standards and renewable energy content using a rubric as students instruct7th and 6th graders on the science behind the middle school’s solar ovens.

Second, students’ awareness, attitudes and intention to use renewable energy sources in general will be measuredusing items drawn from existing survey tools. These include items drawn from the New Ecological ParadigmSurvey, a survey tool developed by the National Environmental Education Foundation and a third specificallydeveloped for kids by the U.S. Department of Energy. These tools are comprised of likert-scaled items. The SF2survey tool will have 15 items. Five items measure student awareness of renewable energy; five items will measureattitudes toward use of solar power; and the last five will measure students’ knowledge of solar energy. The SF2survey instrument was designed to measure and better understand the relationship between students’ knowledge ofrenewable energies, attitude toward and likelihood of using renewable energies.

The SF2 assessment of content knowledge and evaluation of its awareness, knowledge and attitude goals will becarried out following a quasi-experimental pre/post design. Students will not be selected randomly. Mobility isrelatively low in the district. We assume a 5% attrition rate and that an additional 15% of the assessment toolsand/or survey tool will be returned incomplete. As a result, we assume a sample of 448 students will take the preand post assessment as well as the pre and post survey. These will be given to students to complete during classtime in early September before the start of the SF2 program in late September. The same tools will be deliveredonce the astronomy content has been taught at the end of November, 2007. The solar survey tool will be delivereda third time at the end of communications portions of the project in May, 2008.

4.10-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy SuperintendentDATE: August 22, 2007SUBJECT: Excess Workers Compensation Insurance Renewal

BACKGROUND INFORMATIONThe District became self insured for workers compensation onJanuary 1, 2004. At that time, the District solicited quotes for"excess insurance" at a self insured retention (SER) level of$250,000. CSAC-EIA, a joint powers authority of cities, countiesand special districts, was selected to provide this service.

Staff is satisfied with the services provided by CSAC-EIA and isrequesting approval to renew their contract. The annual premiumfor CSAC-EIA services for the period covered of July 1, 2007through June 30, 2008 will be $232,128.00.

POLICY/CODELabor Code Sections 3700 to 3705

FISCAL IMPACT$232,128.00 to be spread across all funds and resources

STAFF RECOMMENDATIONRenew annual premium with CSAC EIA for the provision of excessinsurance for our self insured workers compensation program

4.1-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith Deputy SuperintendentDATE: August 22, 2007SUBJECT: Approval of Contracts/Purchase Orders for Services

Contracts

BACKGROUND INFORMATIONThe District contracts with consultants or independent contractors whocan provide valuable and necessary specialized services not normallyrequired on a continuing basis.

The following contract services are requested. Expenditures are withinbudget with the exception of Special Education Department items.

1 Ratification of contract to Berkeley Alliance, to provide completionand submission of 2007 Safe Schools / Healthy Students proposal.The cost will not exceed $8,000. To be paid from General FundBudget. Requested by Michele Lawrence.

2 Ratification of contract to Nancy Howatt, to provide accountingservices for Nutrition Services Department for the 2007/08 SY. Thecost will not exceed $14,000. To be paid from the Cafeteria Fund.Requested by Ann Cooper.

3 Ratification of contract to Restoration Management, to provideenvironmental and mold remediation services at Malcolm X andRosa Parks Schools. The cost will not exceed $30,000. To be paidfrom the Self Insurance Fund. Requested by Inez Reed.

4 Ratification of contract to the Oakland Unified School District forprofessional development for 26 teachers who participated in theSummer Arts Institute from June 18th through June 22nd. The costwill not exceed $14,300. To be paid from Measure A. Requested bySuzanne McCulloch.

5 Ratification of a contract with Bay Cities Pyrotector, Inc. to design,supply and install a new fire alarm at the Hillside School. Totalcost of $20,000. To be paid from the Bond Fund. Requested byLew Jones.

6 Ratification of increase in contract, PO 700325, to Avalon Academyto provide continuing development services for students JF & JF(3/20/93) as needed for the term 7/1/06 - 6/30/07 for SpecialEducation Department. The Board approved $24,000 on June 28,2006. The additional amount requested is $15,000 for a total

4.1-C

amount of $39,000. To be paid from the General Fund. Requestedby Elaine Eger.

7 Ratification of increase in contract, PO 700315, to BehavioralIntervention to provide continuing behavioral intervention forstudent JR (1/25/02) for behavioral development for the term7/1/06 through 6/30/07 for Special Education Department. TheBoard approved $28,035 on June 28, 2006. The additional amountrequested is $16,070 for a total amount of $44,105. To be paidfrom General Fund Budget. Requested by Elaine Eger.

8 Ratification of increase in contract, PO 700305, to Deborah BurnsMcCloskey to provide continuing occupation and speech therapyservices for 10 students for the period July 1, 2006 to June 3,2007 for Special Education Department. The Board approved$32,000 on June 28, 2006. The additional amount requested is$5,155 for a total amount of $37,155. To be paid from GeneralFund Budget. Requested by Elaine Eger.

9 Ratification of increase in contract, PO 702321, to Spectrum toprovide NPS placement for student RC (3/5/00) per IEP agreementfor Special Education Department. The Board approved $33,459on January 17, 2007. The additional amount requested is $15,531for a total amount of $48,990. To be paid from General FundBudget. Requested by Elaine Eger.

10 J.P. Graphics to provide specialized printing of the 2007/08“Harvest of the Month” calendars with lunch menus and cookingclass recipes for distribution to parents. The cost will not exceed$10,000. To be paid from Cafeteria Fund. Requested by AnnCooper.

11 Younger Wunar, Inc. to provide labor and materials for small scaleprojects as needed for the 2007/08 SY for the MaintenanceDepartment. The cost will not exceed $10,000. To be paid fromMeasure BB. Requested by Steve Collins.

12 Caltronics Business Systems to provide service for copiers at theAdult School for the 2007/08 SY. The cost will not exceed $14,000.To be paid from Adult Education Fund. Requested by MargaretKirkpatrick.

13 Caltronics Business Systems to provide lease of copiers at theAdult School for the 2007/08 SY. The cost will not exceed $24,000.To be paid from Adult Education Fund. Requested by MargaretKirkpatrick.

4.1-C

14 State of California Department of Rehabilitation to be paidWorkability II matching funds for 2007/08 SY for the Adult School.This is BUSD’s portion of the cash match for expenses associatedwith the Workability II Program. The cost will not exceed $46,210.To be paid from Adult Education Fund. Requested by MargaretKirkpatrick.

15 Casey Printing to provide production of the 2007/08 Fall, Springand Summer brochures for the Adult School. The cost will notexceed $20,000. To be paid from Adult education Fund. Requestedby Margaret Kirkpatrick.

16 State Department of Justice to provide fingerprinting services asneeded by Human Resources Department for the 2007/08 SY. Thecost will not exceed $18,000. To be paid from General FundBudget. Requested by Lisa Udell.

17 Best Instrument Repair to provide instrument repairs as neededfor the 2007/08 SY. The cost will not exceed $10,000. To be paidfrom Measure A. Requested by Suzanne McCulloch.

18 The Staffing Solution is providing a senior budget analyst forSpecial Education Department for the period July 1, 2007 toSeptember 30, 2007. Staff is in the process of recruiting andhiring a permanent employee for this position. The cost will notexceed $18,000. To be paid from General Fund Budget. Requestedby Elaine Eger.

19 School House Software to provide annual software maintenance for2007/08 SY for Nutrition Services Department. The cost will notexceed $13,615. To be paid from the Cafeteria Fund. Requested byAnn Cooper.

POLICY/CODEPublic Contract Code: 20111Board Policy 3310

STAFF RECOMMENDATIONApprove the contracts with Consultants or Independent Contractors assubmitted.

4.2-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy SuperintendentDATE: August 22, 2007SUBJECT: Approve Listing of Warrants issued in June and July, 2007

BACKGROUND INFORMATIONEach month the District writes several checks to vendors for servicesprovided and goods received. The checks are written against both theRestricted and Unrestricted General Fund. The summaries of warrantsfor the months of June and July, 2007 are attached for the Board’sreview.

POLICY/CODEEducational Code Section 41010 ET seq.

FISCAL IMPACT$ 3,870,486.16 for the month of June 2007 and $ 2,763,553.97 for themonth of July 2007 from various funds.

STAFF RECOMMENDATIONApprove the monthly bill warrant lists for the months June and July,2007.

4.3-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy SuperintendentDATE: August 22, 2007SUBJECT: Receive and Approve Information on the Issuance of Payroll

Warrants for Employee Services for June and July 2007.

BACKGROUND INFORMATIONOn a regular basis the Board receives information on the total amountpaid employees during a month. The attached represents a summary ofpay warrants from various funds for the months of June and July 2007.

POLICY/CODEEducational Code 41010 ET Seq.

FISCAL IMPACT$6,104,740.33 for June 2007 and $5,523,832.80 for July 2007 fromvarious funds.

STAFF RECOMMENDATIONApprove payroll payments made in June and July 2007.

4.3-C

BERKELEY UNIFIED SCHOOL DISTRICTDISTRICT PAYROLL – ACCOUNTING DEPARTMENT

June 2007

COMPUTER GENERATED AMOUNTS

GENERAL FUND 4,799,143.87

MEASURE BB FUND 161,468.80

BSEP SITE ENRICHMENT 156,895.19

BSEP EDU. MATERIAL 25,251.90

ADULT FUND 405,999.64

CAFETERIA FUND 140,202.07

CHILD DEVELOPMENT 266,882.25

Measure A+AA (Bond Fund) 12,974.97

SELF INS. FUND 7,715.52

MEASURE B FUND 128,206.12

TOTALS 6,104,740.33

APPROVED BY: _____________________________________ Gaye L. Gerdts, Director of Fiscal Services

DATE: 08/22/07

4.3-C

BERKELEY UNIFIED SCHOOL DISTRICTDISTRICT PAYROLL – ACCOUNTING DEPARTMENT

July 2007

COMPUTER GENERATED AMOUNTS

GENERAL FUND 4,420,572.53

MEASURE BB FUND 153,254.68

BSEP SITE ENRICHMENT 91,889.37

BSEP Measure A 10,180.88

ADULT FUND 341,885.47

CAFETERIA FUND 63,048.60

CHILD DEVELOPMENT 317,060.70

Measure A+AA (Bond Fund) 16,903.23

SELF INS. FUND 9,425.05

MEASURE B FUND 99,612.29

TOTALS 5,523,832.80

APPROVED BY: _____________________________________ Gaye L. Gerdts, Director of Fiscal Services

DATE: 08/22/07

4.4-C


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of FacilitiesDATE: August 22, 2007SUBJECT: Ratification of Piggyback Bid for King CDC and Franklin PN

BACKGROUND INFORMATIONThe Board approved the schematic design for the King CDC and theFranklin PN projects on June 6, 2007. In the Board presentation, theproposed portables were shown to the Board. These portables, producedby Enviroplex Inc., were bid and awarded by San Jose Unified SchoolDistrict in August 2004 under Modular Buildings Bid #9061C, BidDivision #4. This bid and award permitted that other public entitiescould utilize the bid for three years without otherwise advertising forbids. Staff realized that the piggyback bid was expiring on August 19,2007.

Rather then request a special Board Meeting to approve the piggybackbid before it expired, the Superintendent directed that we proceed withthis modular company based upon the Board’s approval of the schematicdesign and return to the Board at the August 22, 2007 Board Meeting asa ratification. The total cost for the portables, including concretefootings and venting for the two sites is $3,063,000.

POLICY/CODEPublic Contract Code 20118.

FISCAL IMPACTThe cost of $3,063,000 is within the project cost planned in the GeneralObligation Bond.

STAFF RECOMMENDATIONApprove the ratification of a contract between BUSD and Enviroplex Inc.for $3,063,000 for the King CDC and Franklin PN projects.

4.5-C


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: August 22, 2007SUBJECT: Approve a Contract with WLC Architects to Assist the District in

Improving its Maintenance and Construction Standards

BACKGROUND INFORMATIONThe Board approved the Annual Plan for Measure BB on June 27, 2007. Oneof the items contained in that Plan was to improve selected maintenance andconstruction building standards and practices. The Yearly Plan included abudget of $50,000 for this task. The following areas were identified forimprovement this year:

1. Cleaning Standards at the conclusion of a construction project2. Closeout/turnover of projects to maintenance staff3. Irrigation systems and equipment4. Flooring5. Toilet accessories6. Lights7. Data wiring

BUSD staff contacted the members of its architect pool to see which firms wereinterested in this assignment. Two firms expressed an interest. On August 2,2007, these two firms were interviewed. The interview panel included the Chairof the Facilities Maintenance Security Advisory Committee (FSMOC), theMaintenance Manager and the Director of Facilities. The team selected WLCArchitects as the most qualified firm.

POLICY/CODEBoard Policy 3310.

FISCAL IMPACTCost of $50,000 to be paid from Measure BB funds.

STAFF RECOMMENDATIONApprove a contract of $50,000 with WLC Architects to improve the selectedstandards.

4.6-C


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of FacilitiesDATE: August 22, 2007SUBJECT: Property Management Modifications

SUMMARY AND DISCUSSIONThe Board has reviewed property management practices and rental fees severaltimes over the past five years. This has been especially important since the useby the community, private or commercial organizations of our facilities canpose a drain on the general fund if not carefully constructed. The most recentcomprehensive review of fees was presented to the Board on November 19,2003 and since then we have been operating under that directive.

It is now time to again review our property management fees, with the idea inmind that a more comprehensive consideration of the District’s propertymanagement practices will need to be made at a later time. However, presentlystaff is recommending three changes:

1. An increase in custodial and technical support rates;2. An approval that Berkeley High manages and process agreements that

are restricted to that site;3. The setting of rental rates for a new field.

The District fee charged for custodial and technical support has stayedstagnant since the late 1990’s. However, the cost for overtime has increasedover the years as employees received salary increases. Additionally, we believe,that when the rates were originally established they did not properly reflect theappropriate costs for overtime since, by union contract, most overtime is beingperformed by the most senior personnel. Due to these two factors, the Districtis currently losing money when it charges renters for custodial and technicalsupport. The current rate for overtime is set at $28 per hour for custodiansand $26 per hour for technical support. Staff is recommending that thecustodial rate be increased to $39 per hour and the technical support rate beincreased to $54 per hour. This accurately reflects the current employee costfor overtime. It is further requested that the Board approve theadministration’s ability to increase the rate for custodians and tech support onan annual basis equal to the percent increase in any base salary compensationapproved by the Board through collective bargaining with Local 39. This willmaintain fees at the actual cost of the employee performing the rentalagreement services.

4.6-C

The second recommendation is to allow the high school administration tomanage its own rental agreements (based on Board approved policies,processes and restrictions). Since each property management permit requiresthe approval of the site administrator, Berkeley High often requires approval ofseveral people, including the athletic director, the facilities manager, andoccasionally another administrator. Because the permits then go to the centraloffice for clearance and sign-off, delays are significant. Potential users haveexpressed frustration with being unable to track the permit in the approvalprocess. In discussions with Berkeley High, they have also expressedfrustration with being unable to track permits which causes schedulingconflicts. The high school administration has now been trained in how toprocess permits, and with a full compliment of administrators on board, theyfeel ready to take on the task. If approved, BHS would process permits andwould be responsible for sending fees directly to the Business Office andmaintaining their own files. This will require the occasional audit of both thehigh school and the maintenance department to ensure equal treatment of ourcommunity users.

The third, and final recommendation, is to establish an approval rate for thenew Berkeley High School field at East Campus. The East Campus field will beready to use by our students at BHS and B-Tech in September. Obviously, thecommunity will also want access to the field when not in use by our highschool programs. While we know the occasional family will have use of the fieldin the manner they have at our other schools, we believe that organized sportsgroups will need to contribute to the upkeep and maintenance of this field if weare to keep our high school athletes safe and not excessively increase ourbudget to maintain this field.

Because it is new, there is no established rental rate for East Campus. Staffstudied fee schedules charged by the University of California and the City ofBerkeley in order to establish our District recommended rates. The Citycharges between $15 and $35 per hour, UC charges between $40 and $200 perhour. The BHS turf field is rented at between $36 (direct) and $102 (market)per hour. Based on that comparative data, staff is recommending that a rate of$35 per hour for direct costs and $90 per hour for market rate be set for theEast Campus field.

POLICY/CODECalifornia Education Code 40040-40043

FISCAL IMPACTApproval of increased overtime rates will eliminate a subsidy by the GeneralFund.

STAFF RECOMMENDATIONApprove the three recommendations as outlined.

4.7-C


TO: Michele Lawrence, SuperintendentFROM: Bernadette Cormier DATE: August 22, 2007SUBJECT: Ratification of three purchase orders to secure rental facilities and

utilities to accommodate the Transportation Department

BACKGROUND INFORMATIONAlthough we anticipate the beginning of a construction schedule for the newtransportation facility, we must continue to pay rental costs to house thedepartment in three separate locations: the bus yard, the vehicle repair shop,and the administrative offices. Purchase orders must be prepared for eachrental agreement. The first, the school bus yard in an incubator space costing$198,000 annually, the second, a space on the Pyramid Breweries propertycosting, $256,000, annually, and the third the administrative offices, costing$52,300 annually.

POLICY/CODEEducation Code 17400

FISCAL IMPACTCost to be paid from the Transportation budget: $506,300

STAFF RECOMMENDATIONApprove expenditures and purchase orders for rental facilities for theTransportation Department for Fiscal Year 2007-2008

4.8-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy SuperintendentDATE: August 22, 2007 SUBJECT: Approval to add Authorized Vendor to Approved

403(b) list

BACKGROUND INFORMATIONThe Berkeley Unified School District Board of Trustees makes availableto employees of the Berkeley Unified School District the purchase of taxsheltered annuities and/or shares in a regulated investment companyunder the provisions of Public Law 87-370, United States InternalRevenue Code Sections 403(b) and/or 403(B) (7) and California Revenueand Taxation Code Section 17512.

FTJ FundChoice LLC has offered to provide tax sheltered annuitiesand/or shares in a regulated investment company complying withFederal and State law for eligible employees of the Berkeley UnifiedSchool District wishing to have such annuities/shares purchased by theemployer.

This vendor, FTJ FundChoice LLC, has agreed to release BerkeleyUnified School District Board of Trustees, Berkeley Unified SchoolDistrict, its officers, agents and employees from all claims, suits oractions of every name, kind and description resulting from negligence orclaimed negligence of this company. Staff is requesting approval to addthis vendor to allow employees the choice to select this vendor for theirtax shelter account.

POLICY/CODESections 403(B) of the Internal Revenue Service Code

FISCAL IMPACTNone

STAFF RECOMMENDATIONApprove the addition of FTJ FundChoice LLC to our list of approved403(b) vendors and require vendor to sign the appropriate Hold HarmlessAgreement.

4.9-C


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy SuperintendentDATE: August 22, 2007SUBJECT: Internal Borrowing of Funds

BACKGROUND INFORMATIONProperty Tax Proceeds are a significant amount of revenues that fundDistrict operations. Large portions of these proceeds are distributed tothe District following the collection deadlines of December 10th and April10th of each year. In addition, Federal reimbursements to the CafeteriaFund are often delayed resulting in a negative cash flow at the end of thefiscal year for a school district. Because of this, the District in the pasthas experienced a shortage of cash during the fiscal year. This puts anadditional demand on cash availability over the end of the fiscal year.

Education Code Section 42603 permits the Governing Board of anyschool district to direct those monies held in any fund or account may betemporarily transferred to another fund or account of the district forpayment of obligations. The transfer shall be accounted for as temporaryborrowing between funds and shall not be available for appropriations orbe considered income to the borrowing fund.

The attached Resolution would allow the District, if necessary, the abilityto transfer available dollars from other Funds of the District to theGeneral Fund. This would provide for cash to cover month endingpayrolls until the Property Tax Proceeds are received. This borrowingfrom other Funds may not exceed 120 days or if transferred within thelast 120 days of a fiscal year it may be repaid in the next fiscal year. Anyinstance of internal borrowing between funds will be reported to theBoard during the presentation of the 45-day revision to the State’sBudget, First Financial Interim Report, Second Financial Interim Report,and Unaudited Actuals.

POLICY/CODECalifornia Education Code 46203

FISCAL IMPACTNone

STAFF RECOMMENDATIONApprove Resolution No. 08-01 for the temporary borrowing of funds fromthe balance line of one fund to another.

4.9-C

BERKELEY UNIFIED SCHOOL DISTRICTRESOLUTION NO. 08-01

BUDGET TRANSFER OF FUNDS

WHEREAS, the Board of Trustees of the Berkeley Unified School Districthas determined that there may be insufficient cash to meet currentobligations; and

WHEREAS, Education Code Section 42603 permits the Governing Boardof any school district to direct that monies held in any fund or accountmay be temporarily transferred to another fund or account of the districtfor payment of obligations. The transfer shall be accounted for astemporary borrowing between funds and shall not be available forappropriation or be considered income to the borrowing fund.

NOW, THEREFORE, BE IT RESOLVED that in accordance withEducation Code Section 42603, monies may be transferred betweenfunds of the district and repaid in accordance with Education CodeSection 42603.

PASSED AND ADOPTED by the Governing Board of the Berkeley UnifiedSchool District on this 22nd day of August 2007, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________________ Michele Lawrence Secretary of the Board of Education Of the City of Berkeley and of the

Berkeley Unified School District of Alameda County, State of California

4.9-C

3.1-A


To: Michele Lawrence, SuperintendentFrom: Neil Smith, Assistant Superintendent, Educational ServicesDate: August 22, 2007Subject: Authorization of Contract with Ilene Lee, Floor Time Services

BACKGROUND INFORMATION:The Individualized Education Plan/Programs [IEP] is a bindingeducational contract created by a team of professionals and parents foran individual student. The IEPs of two students recommend the servicesof specialists trained in autism remediation and/or compensationtechniques. The autism syndrome falls into a spectrum of handicappingneed for services. While some children need relatively little additionalsupport to access education, many others, especially very young childrenwith a severe form of autism, need direct instruction, prompting andguided assistance even in play.

Currently Berkeley Unified does not offer any sort of home program, norhas BUSD developed a transition program for families and students whoare accustomed to significant personal, one-to-one services. The fear oflosing the ground and progress that students have made with theindividual interventions coupled with the relationships and trust bondsthat have formed with the contracted service providers prompts parentsto file for due process to ensure that services will be continued at the rateof time currently being provided. As BUSD has nothing currently tocompete with these services, mediations are usually solved with afavorable nod to the current service providers. Such is the case in thisrequest. An early finding of service continuation through a mediatedagreement has continued. The measurement data collected by thisparticular non-public provider is strong and the successful growth of thestudents is impressive.

The services rendered for one child include 40 weeks of 1:1 trainedbehaviorist aide at $50 per hour for 29.5 hours per week; a behaviorinterventionist for 7 hours per week for 50 weeks at $50 per hour and abehavior intervention supervisor for 3 hours per week for 50 weeks at$150 per hour. The contract amount of $100,000 will cover the cost ofservices for one semester.

Until BUSD can provide a home and a transition program to help withstudents diagnosed with significant autistic symptoms, this type ofprogram will continue to be sought after by families and won inmediations.

3.1-A

POLICY/CODEPublic Contract Code 20111Board Policy 3310

FISCAL IMPACT$100,000

STAFF RECOMMENDATION Approve the Contract with Ilene Lee, Floor Time Services.

3.2-A


To: Michele Lawrence, SuperintendentFrom: Neil Smith, Assistant Superintendent, Education ServicesDate: August 22, 2007Subject: Contract with Dori Maxon Pediatric Contracting Services

BACKGROUND INFORMATIONStudents with special needs, who qualify for Special Education services, have aright to the provision of those services through the school district, includingoccupational therapy (OT) and/or physical therapy (PT) as it relates toaccessing education. At present, BUSD employs 2.0 FTE OccupationalTherapists, 1.0 FTE Certified Occupational Therapist Assistant and no physicaltherapists. All PT services are provided by contracted vendors, and some OTservices and assessments are provided by contracted vendors. Dori MaxonPediatric Contracting Services provides two occupational therapists and sixpart time physical therapists to provide these services to qualified students.The contract amount of $112,500 will cover the cost of services for onesemester.

POLICY/CODEBoard Policy 3310

FISCAL IMPACT$112,500

STAFF RECOMMENDATIONApprove the contract for Dori Maxon Pediatric Contracting Services .

3.3-A


To: Michele Lawrence, SuperintendentFrom: Neil Smith, Assistant Superintendent, Education ServicesDate: August 22, 2007Subject: Authorization for Contracts with Speech and Language Service

Providers

BACKGROUND INFORMATIONBUSD presently employs 8.0 FTE speech and language pathologists and has3.0 FTE open positions. This is indicative of the national and local shortage ofqualified professionals in this field. Furthermore, one of the employees ispresently on medical leave. Since the current caseload by BUSD contract for adistrict speech and language provider is approximately 30 students [30 x 8.0=240], district providers are only able to serve approximately 40% of the 600+students who qualify for services according to IEP. The remaining studentsreceive speech services from contractors. District staff is presently makingspecial efforts to recruit additional speech and language therapists asemployees, but even if all positions were filled, staff would still not be able tomeet the needs of all the students who qualify for these services.

Vendors Speech Pathology Group, Career Staff Unlimited and East BayTherapy have been identified to provide additional speech and languageservices for the 2007-08 school year. The contract amounts, totaling$327,904, will cover the cost of services for one semester.

POLICY/CODEEducation Code 56363Public Contract Code 20111Board Policy 3310

FISCAL IMPACT$177,904 to East Bay Therapy, $75,000 to Career Staff Unlimited, and $75,000to Speech Pathology Group for a total of $327,904

STAFF RECOMMENDATIONApprove the contracts with the speech and language service providers.

3.4-A


To: Michele Lawrence, SuperintendentFrom: Neil Smith, Assistant Superintendent, Education ServicesDate: August 22, 2007Subject: Contract for Transportation Services to Schools Outside Berkeley

BACKGROUND INFORMATIONWhen students are placed outside the confines of Berkeley Unified SchoolDistrict, the District must provide transportation services to these schools.Most of the out-of-district transportation is currently being accomplished bytaxi cab. BUSD contracts with two specific companies – Pawar Transportationand Welcome Transport Group.

Currently BUSD is providing services for students to attend schools inRichmond [Spectrum, autism specific], San Leandro [Seneca, emotionaldisturbances specific], Oakland [Lincoln Child Center, emotional disturbancesspecific], Alameda [Children’s Learning Center, behavior specialty], and Marin[Star Academy], to name a few. Pawar Transportation transports 47studentsbetween home and non-public school placement for an average cost of $80 perday per student. Welcome Transport Group conveys 12 students at an averagecost of $105 per day per student. [This average is skewed upwards due to theneed for Welcome to transport a medically fragile student in a van speciallyequipped for a wheel chair, attendant and at times, medical equipment.] Thisrequest is for one year.

As a result of the large expense in this area, the Special Education Departmentstaff is working with the Transportation Department and our SELPA to identifyalternatives to taxicabs that will substantially reduce costs.

POLICY/CODEEducation Code 41850Public Contract Code 20111Board Policy 3310

FISCAL IMPACT$25,200 to Welcome Transport Group & $75,000 to Pawar Transportation

STAFF RECOMMENDATIONApprove the increase in the Special Education Transportation Budget.

4.1-A


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: August 22, 2007SUBJECT: Approve an Implementation Plan for the Hillside Property

BACKGROUND INFORMATIONOn January 17, 2007, the Board accepted the report from their appointedcommunity “Surplus Committee” and based on the recommendation, voted todeclare the Hillside property surplus. After that action, the Board requestedthat the staff return with an implementation plan for discussion and approval.

The Surplus Committee did a thorough job of reviewing the property andsynthesizing the requests and concerns of the neighborhood. The Committeehad a number of important recommendations. Among the Committee’sstrongest recommendations were the need to 1) hire a real estate professionalto assist the District in marketing this property and 2) the critical need to keepthe Hillside community informed throughout the process of propertydevelopment or sale. Before we can begin to make decisions regarding theultimate use of the Hillside property, staff is recommending that we engage areal estate professional to study the report and develop options for the use andmarketing of the property.

Staff recommends that the following implementation schedule and task list beapproved by the Board:

1. Authorize issuance of a RFP forReal Estate development services. August 22, 20072. RFP sent and received Sept. thru Oct. 2007

Board approval of consultant November 20073. Receive consultant preliminary report April 20084. Consultant recommendation of lease/sale May 20085. Consultant markets to required entities June – December 20086. Bid Announced for use/purchase of Hillside January 20097. Public Bid for use/purchase April 20098. Analysis of bids (if needed) May 20099. Transfer to new entity June 2009

The consultant would be required to meet with the community at least twicebetween November 2007 and April 2008 and at least one time after the Board’sdecision to sell or lease and prior to the public bid. The RFP would specify thatthe real estate professional cannot bid on a sale or purchase. The cost for thereal estate professional and any new property assessment would be paid fromthe District’s discretionary block grant in an amount not to exceed $32,000.

4.1-A

POLICY/CODEEducation Code 17387 – 17390.

FISCAL IMPACTCost not to exceed $32,000 to be paid from discretionary block grant.

STAFF RECOMMENDATIONApprove the implementation plan.

4.2-A


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: August 22, 2007SUBJECT: Modify Facilities Allocations

BACKGROUND INFORMATIONOn April 11, 2007, the Board discussed the history of the facilities programsince the passage of Measure AA and discussed some of the problems theprogram faces with the eroding effect of construction inflation. No action wastaken by the Board at that Meeting. Staff is recommending that a re-allocation of resources be made at this time based on projected BUSD biddates.

Staff is proposing that the Board approve the following general guidelines inthis re-allocation:

1. No new projects are added unless specifically listed here;2. Inflation reserve shall be increased to 8% per year beginning in

January 2007 and continuing to the bid date;3. Projects that are already designed will be funded;4. A project will be added to increase classroom space at Berkeley High;5. A project will be added to demolish the LeConte portables and

blacktop that area;6. Known infrastructure projects contained in the current Plan are to

proceed based upon the bid date; and, 7. The available balance be kept at approximately $1 million.

There is approximately $79 million in unspent funds as of June 30, 2007. Ofthat amount, approximately $7.5 million is obligated to bid projects or requiredto manage those projects. This leaves approximately $71.5 million which canbe re-allocated.

The actual bid dates for projects is a function of priority, time required todesign and permit, and phasing considerations. Dates listed below couldfluctuate if the design or permit process can be accelerated. Generally, thedesign time and permit time can be predicted. The time required to permit bythe City of Berkeley is a little harder to predict. All projects that require thirdparty review will be permitted by DSA except the West Campus project. Wehave based the timing of the West Campus project on City review. Staff hasestimated that bid dates for the following projects:

In 2007 or early 20081. CEQA for East Campus

4.2-A

2. Transportation3. LeConte remove portables and blacktop

In 20081. John Muir painting and floor covering2. King CDC and Franklin PN new portables3. Jefferson kitchen4. King Gym Improvements5. Painting and floor covering King Media Center6. Washington solar7. Furniture and built in equipment for the CDC’s and Transportation

In 20091. BHS remodeling for additional classrooms (possibly remodeling the

Berkeley Community media space)2. Kitchen improvements at multiple sites3. Replace Jefferson auditorium roof4. Replace Willard classroom roof5. BHS bleacher structure

In 20101. BHS G/C Bridge retrofit or demolition2. Replace Emerson Roof3. Painting and floor coverings at LeConte4. Painting and floor coverings at BAM5. West Campus modular project6. BHS demolition of Old Gym

After 2010, the District would be ready to bid the other parts of the BerkeleyHigh School south of Bancroft improvements. Staff is recommending that wepay to design all of the Berkeley High south of Bancroft improvements, butrealize that without additional funding, we will not be able to fund theproposed new building. Berkeley High School has the greatest possibility forfunding from the Office of Public School Construction (OPSC) of any of ourschools, so outside funds could become available for this project.

If the recommendations are approved, the following is a rough breakdown ofthis new re-allocation:

Projects through 2010 $50,000,000Reserved for BHS building 5,000,000Risk Pool 3,500,000Inflation 12,000,000Unallocated 1,000,000

4.2-A

TOTAL $71,500,000

There are a number of projects which must wait for future funding. Theseprojects include: any changes in the maintenance facility; demolition ofbuildings at West Campus; 1810 Hopkins renovations; any groundsimprovement projects; and Deferred Maintenance projects after 2010.

If approved by the Board, we will revise the next financial report to reflect thisre-allocation.

POLICY/CODEBoard review of funding initiatives.

FISCAL IMPACTNo impact to a reallocation; all funds are within the District’s capital fundbudgets.

STAFF RECOMMENDATIONApprove the reallocation of funds as presented.

4.3-A

1


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy Superintendent

Bernadette Cormier, Manager of TransportationDATE: August 22, 2007SUBJECT: FCMAT Special Education Transportation Study Implementation Plan

BACKGROUND INFORMATIONIn spring of 2007, the District contracted with FCMAT to review the District’sSpecial Education transportation function. In April of 2007, FCMAT conductedtheir field work, and on June 20, 2007, they presented their findings to the Board.At that time, staff indicated to the Board that it would proceed to develop animplementation plan that established a time frame for analyzing and beginningimplementation of the recommendations contained in the FCMAT study. On June27, 2007 staff returned to the Board to request its authority for decisions thatmight be necessary during the summer recess to address some issues relative toSpecial Education transportation.

The Deputy Superintendent convened a multi-discipline team to review FCMAT’srecommendations and identified tasks associated with the implementation of therecommendations. The following areas were targeted for immediate attention:data management, IEP administration and compliance and NPS transportation.Each of these areas of improvement requires an ongoing training component aswell. The following areas covered in the FCMAT Report will not be discussed inthis item: Facilities and Program Issues and Speech Contracts.

In their study, FCMAT identified the need for the District to:

• Develop criteria, train staff and involve Transportation in the IEP process

• Revise forms and develop handbooks relative to the IEP process andtransportation of non-public school (NPS) students

• Review the options for NPS transportation. Include working with theNorthern Region SELPA to initiate a bid process for contract; considerutilizing a variety of non-school bus vehicles for transportation of NPSstudents; utilize District owned and operated school buses for NPStransportation if possible

• Increase honing Transportation Department staff expertise and trainingthrough increased Staff Development

• Focus on data accuracy, data systems, accountability and staff training

Proposed Implementation Plan:

4.3-A

2

The implementation plan has included the following actions to date:

1. Deputy Superintendent Eric D. Smith convened an internal task force todiscuss implementation of some recommendations

July, 2007.

2. Admissions and Attendance Manager Francisco Martinez and his staffspent a week and a half in the Special Ed Department performing a one-time data alignment between the major data systems SEIS, in Special Edand SASI, District -wide

July, 2007

3. Transportation Manager Bernadette Cormier met with Northern RegionSELPA to ensure inclusion of BUSD in the current contract and to discussthe contract going forward.

Additionally, Transportation has utilized the forms and handbooktemplates in the Appendices in the study, made them BUSD specific, andwill send them through a review and adoption process.

July, 2007

4. Francisco Martinez reported on data reconciliation strategies to theSuperintendent.

August, 2007

5. Bernadette Cormier reviewed the Durham Contract with SELPA anddiscussed potential migration of NPS students to Durham school buses.

August 2007 and ongoing

6. Eric D. Smith will meet with a potential Third Party Administrator todiscuss management of non-school bus transportation, potential costsavings and risk reduction strategies

August 2007

7. Elaine Eger and Felton Owens include IEP criteria development, training,compliance strategies in the Student Services Goals for School Year 2007-2008. These include working with Transportation to develop input andparticipation and refine the criteria for the IEP process. This will includeassessing when Transportation should be included in the IEP process

August 2007 and ongoing

8. Work with Northern Region SELPA toward development of RFP for 08-09School Year

4.3-A

3

POLICY/CODEEducation Code Section 41850

FISCAL IMPACTCost savings can not be quantified at this time.

STAFF RECOMMENDATIONApprove the implementation plan for Special Education Transportation. grant theTransportation Department the flexibility to utilize BUSD buses, publicly bidcontracts, additional staff training and/or reorganization, to address areas ofconcern or systems identified in the FCMAT Special Education Review.

4.4-A


TO: Michele Lawrence, SuperintendentFROM: Eric D. Smith, Deputy Superintendent

Bernadette Cormier, Transportation Manager DATE: August 22, 2007SUBJECT: School Bus Replacement

BACKGROUND INFORMATIONOn June 28, 2006 the Board adopted a fiscal year budget which allocated$298,000.00 for bus and vehicle replacement. Additionally, on October 4, 2006,the Board authorized the creation of a Pupil Transportation Equipment Fund(Fund 15) and authorized the transfer of $298,000.00 into the Fund.

On December 13, 2006 the Board approved the replacement of 4 Type 2 schoolbuses. On March 28, 2007, in response to the presentation of a total fleetanalysis, the Board approved a replacement schedule of school buses.

This current purchase follows the schedule and replaces four additional Type IIschool buses and expands special needs program flexibility while replacing agedschool buses with vehicles that have the newest specifications for safety andemissions controls.

We will additionally use Fund 15 to replace other District vehicles identifying firstthose that will no longer comply under the most recent emissions requirementsfor diesel vehicles and/or that are cost prohibitive to maintain.

POLICY/CODEPublic Contract Code 20118.

FISCAL IMPACTCost to be paid from Fund 15

STAFF RECOMMENDATIONApprove by ratification the purchase in the amount of $261,933.58 of 4 schoolbuses under the Waterford Piggy Back Bid (WUSD) extended through December31, 2007, and allow the balance of funds to be applied as necessary toward othervehicle purchases.

1

November 21, 2006

Mr. Erik LeeDirector of Business ServicesWaterford Unified School District12420 Bentley StreetWaterford, Ca 95386

RE: Bid / “Purchase of (1) or More New 62, 39, 54, 25, 22, Passenger School Buses that meet of exceed all Federal and

State of California specifications.”

Dear Mr. Lee;

A-Z Bus Sales, Inc. is pleased to offer an extension for the contract ofThis bid from December 31, 2006 to December 31, 2007 with theFollowing price changes:

2

Specification: 2005 (or) Newer Blue Bird All American Rear Engine 84 Passenger School Bus is no longer available.

Specification: 2006 (or) Newer Blue Bird All American Rear Engine 62 Passenger School Bus With a base price increase of $ 116,316.00 ea + sales tax.

Addendum - Model Change: Pg. 3 (Engine) Cat C7 210 HP engine will be replaced with Cummins ISC 285HP/800 lb ft torque Ultra Low Sulphur Diesel engine as standard. Standard diesel engines are no longer available due to the

EPA emission requirements.

Pg. 4 (Instruments & Gauges) Switch panel light switch will be provided as standard equipment.

Pg. 5 (Transmission) Allison automatic model 2500 PTS five speed will be replace with Allison 3000 PTS transmission as standard.

Pg. 7 (Insulation) Sound deadening spray will be provided as standard equipment.

Pg. 8 (Passenger seats) Brown upholstery will be provided as standard ILO Gray upholstery.

Pg. 8 (Safety Equipment) 2-way radio “Pre-wire” (only) will be provided as standard equipment.

Pg. 9 (Warranty) 5- year/Unlimited miles will be provided as Allison transmission standard warranty.

Optional Equipment – Page 9-14: 1.) Engine, Caterpillar C7, 250 HP/660 lb ft torque Replace cost of $ 3,353.00 with Deduct ($115.00).

2.) Engine, Caterpillar C7 275 HP/800 lb ft torque Replace cost of $ 3,547.00 with Add $ 112.00.

AARE 62 Passenger continued…………….

3

3.) Engine, Cummins ISC, 285 HP/800 lb ft torqueReplace cost of $ 6,349.00 with provided as standardequipment at no additional cost.

4.) Engine, Cummins ISC 8.3L 300 HP/860 lb ft torqueReplace cost of $ 6,613.00 with Add $ $260.00.

5.) Transmission, Allison 3000 PTS ILO Std 2500 PTSReplace cost of $ 4,533.00 with provided as standardequipment at no additional cost.

6.) Transmission, Allison 3000 PTS with retarder Replace cost of $ 9,363.00 with Add $ 4,830.00.

11.) 1500w internal engine block heater is available with Caterpillar engines only. - 1000w block heater is provided with Cummins engine options.

14.) Silicone heater hoses w/CT clamps will be provided with Option 64.) Alternative Fuel Option at no additional cost.

16.) (2) 8D batteries will be included with Option 64.)Alternative Fuel Option at no additional cost.

23.) Altro flooring on steps and drivers area Replace cost of $ 1,250.00 with Add $890.00.

28.) Acoustic headlining full length Replace cost of $ 518.00 with Add $653.00.

29.) Sound deadening spray Replace cost of $ 46.00 with included as standard equipment.

30.) 16 Ga. Extended side panels ILO 20 Ga. Std Replace cost of $ 250.00 with Add $ 713.00.

44b.) Bostrom Routemaster Air drivers seat Replace cost of $ 121.00 with Add $ 242.00.

44c.) Bostrom Manual drivers seat Replace cost of $ No charge with Add $ 113.00.

45.) Proform II Fireblock upholstery Replace cost of $ 617.00 with included as standard equipment.

4


46.) Brown upholstery will be provided as standard equipment Black/Blue/Burgundy/ Green/Gray upholstery can be Selected at no additional cost.

48.) Flip seat ILO barrier @ SED Replace cost of TBD with Add $ 992.00.

50.) 3M reflective tape sides and rear of bus in addition to Std Replace 3M with Reflexite brand.

51a.) through 51e.) LED Light package including Directional lights, Sides, Front & Rear Brake/tail lights, Backup lights, Clearance/marker lights Replace separate costs with Package price of Add $799.00.

57a.) Blue Bird “Comfort Aire” Freeblow Requires Std Air or Option 35.) Electric entrance door.

57b.) Blue Bird “Comfort Aire” Ducted Cummins – Add $ 11,404.00 Requires Std Air or Option 35.) Electric entrance door.

57c5.) Carrier 120K BTU Freeblow skirt mount a/c Replace cost of $ 7,832.00 with Add $ 9,400.00.

57c6.) Carrier 130K BTU Freeblow skirt mount a/c Replace cost of $ 8,982.00 with Add $ 10,850.00.

57c7.) Carrier 120K BTU Freeblow roof mount a/c Replace cost of $ 9,218.00 with Add $ 10,950.00.

57c8.) Carrier 130K BTU Freeblow roof mount a/c Replace cost of $ 10,368.00 with Add $ 12,650.00.

57d5.) Carrier 120K BTU ducted skirt mount a/c Replace cost of $ 9,486.00 with Add $ 9,900.00.

57d6.) Carrier 130K BTU ducted skirt mount a/c Replace cost of $ 10,636.00 with Add $ 11,300.00.

57d7.) Carrier 120K BTU ducted roof mount a/c Replace cost of $ 10,933.00 with Add $ 11,450.00.

5


57d8.) Carrier 130K BTU ducted roof mount a/c Replace cost of $ 12,082.00 with Add $ 12,700.00.

58.) Particulate trapReplace cost of $ 14,736.00 with Included with all 2007engines.

62.) Wheelbase options; 62a.) 245” WB / 3700 body – Replace cost of Deduct ($ 938.00) with Deduct ($ 896.00).

62b.) 217” WB / 3408 body – Replace cost of Deduct ($ 2,001.00) with Deduct ($ 1,911.00).

62c.) 189” WB / 3204 body – Replace cost of Deduct ($ 2,995.00) with Deduct ($ 2,860.00).

64.) Alternative Fuel Option;Replace cost of $ 45,924.00 with Add $ 33,637.00Silicone cooling hoses, 8D batteries, Dual fuel fills rearw/door interlocks also included with this option at noadditional cost.

65.) Dual fuel fill locations will be provided with Option 64.) Alternative Fuel Option at no additional cost.

66.) Monthly rental/lease optionsDelete this option/No longer available.

*All other options for this body model to stay the same.

6

Specification: 2006 (or) Newer Blue Bird All American Front Engine 39 Passenger School Bus With a base price increase of $ 85,411.00 ea + sales tax.

Addendum - Model Change: Pg. 2 (Engine) Cat C7 – 190HP/520 lb ft torque Ultra Low Sulphur Diesel will be provided. Standard diesel engines are not longer available from the

engine manufacturer.





Pg. 8 (Warranty) 5 year/Unlimited miles will be provided as Allison transmission standard warranty.

Optional Equipment – Page 9-12: 3.) Engine, Caterpillar C7, 275 horsepower/800 lb ft torque No longer available from manufacturer. Change to Engine, Cummins ISB 280 horsepower/660 lb ft Torque. Replace cost of $4,827.00 with Add $1,696.00.

25.) Acoustic headlining full length Replace cost of $518.00 with AD d$ 653.00.

26.) Sound deadening spray Replace cost of $ 46.00 with provided as standard at no additional cost.

27.) 16 Ga. Extended side panels ILO 20 Ga. Std Replace cost of $ 250.00 with Add $ 713.00.

28.) 255/70R tires ILO 11R tires Replace cost of No Charge with Deduct $ 304.00.

7

AAFE 39 Passenger continued……… 42b.) Bostrom Routemaster air driver seat Replace cost of $ 121.00 with Add $ 242.00.

42c.) Bostrom Routemaster manual drivers seat Replace cost of $ No Charge with $ 113.00.

43.) Proform II Fireblock upholstery Replace cost of $ 617.00 with included as Std equipment.

44.) Brown upholstery will be provided as standardEquipment Black/Blue/Burgundy/ Green/Gray upholsterycan be selected at no additional cost.



49a.) through 49e.) LED Light package including Directional lights, Sides, Front & Rear Brake/tail lights, Backup lights, Clearance/marker lights Replace separate costs with Package price of Add $799.00.

54a.) and 54b.) Blue Bird “Comfort Aire” Freeblow Requires Std Air or Option 34.) Electric entrance door.

57.) Wheelbase options; 57a.) 169” WB / 3007 body – Replace cost of Add $ 1,509.00 with Add $ 1,577.00.

57b.) 190” WB / 3306/3408 body – Replace cost of Add $ 4,185.00 with Add $ 4,373.00.

57c.) 211” WB / 3503/3700 body – Replace cost of Add $ 5,833.00 with Add $6,095.00.

57d.) 232” WB / 3809/3904 body – Replace cost of Add $ 7,806.00 with Add $ 8,157.00.

59.) Monthly rental/least optionDelete this option/no longer available.


8

Specification: 2006 (or) Newer Blue Bird BBCV Conventional School Bus With a base price increase of $ 85,208.00 ea + sales tax

Addendum - Model Change: Pg. 2 (Engine) Cat C7 – 190HP/520 lb ft torque Ultra Low Sulphur Diesel will be provided. Standard diesel engines are not longer available from the

engine manufacturer.





Pg. 6 (Warranty) 5 year/Unlimited miles will be provided as Allison transmission standard warranty.

Optional Equipment - Page 6-10: 2. ) Engine, Caterpillar C7, 230 HP/540 lb ft torque Delete option. No longer available from manufacturer.

4.) Transmission, Allison 3000 PTS ILO Std Requires engine option 3.) or 62.).

25.) Acoustic headlining full lengthReplace cost of $ 518.00 with Add $ 653.00.

26.) Sound deadening sprayReplace cost of $ 46.00 with provided as standard at noadditional cost.

9

BBCV 54 passenger continued……..

27.) 16 Ga. Extended side panels ILO 20 Ga.Replace cost of $ 250.00 with Add $ 879.00.

28.) 255/70R tires ILO 11R tires Replace cost of $ 42.00 with Deduct ($211.00)

42b.) Bostrom Routemaster air driver seat Replace cost of $ 121.00 with Add $ 242.00.

42c.) Bostrom Routemaster manual drivers seat Replace cost of $ No Charge with $ 113.00.


44.) Brown upholstery will be provided as standard equipment Black/Blue/Burgundy/ Green/Gray upholstery can be selected at no additional cost.



50a.) through 50e.) LED Light package including: Directional lights, Sides, Front & Rear Brake/tail lights, Backup lights, Clearance/marker lights Replace separate costs with Package price of Add $ 799.00.

55a.) and 55b.) Blue Bird “Comfort Aire” Freeblow Requires Std Air or Option 34.) Electric entrance door.

10

BBCV 54 passenger continued……..

58.) Wheelbase options; 58a.) 189” WB / 2311 body – Replace cost of Deduct ($ 5,313.00) with Deduct ($ 3,027.00).

58b.) 217” WB / 2610 body – Replace cost of Deduct ($ 3,709.00) with Deduct ($ 2,362.00).

58c.) 238” WB / 2807 body – Replace cost of Deduct ($ 3,165.00) with Deduct ($ 2,080.00).

58d.) 252” WB / 3011 body – Replace cost of Deduct ($ 1,890.00) with Deduct ($ 1,382.00).

58a.) 273” WB / 3303 body – Replace cost of Deduct ($ 676.00) with Deduct ($ 753.00).

60.) Monthly rental/least option Delete this option/no longer available.


11

Specification: 2004 (or) Newer Blue Bird B2CV Type A1 School Bus With a base price increase of $ 56,933.00 ea + sales tax. *(Chassis Incentives of between $1,500 - $4,000 may be available at time of order, subject to eligibility.)

Addendum - Model Change:

Pg. 3 (Instrument Gauges & Switches) Switch panel light Switch will be provided as standard equipment.



Optional Equipment - Page 5-7:

1a. ) and 1b.) Acc Climate Control 40K BTU freeblow A/C Replace cost of $ 2,133.00 and $ 2,742.00 with Add $ 2,432.00.

11.) Sound deadening sprayReplace cost of $ 45.00 with provided as standard at noadditional cost.


23.) Brown upholstery will be provided as standard equipment Black/Blue/Burgundy/ Green/Gray upholstery can be selected at no additional cost.

30.) Wheelbase options: 30a.) 9,600# GVW Ford Diesel Chassis ILO Std Replace cost of Deduct ($6,609.00) with Deduct ($3,431.00).

12

B2VC Type A1 - 25 passenger continued……….

30b.) 12,000# GVW Chevrolet Gasoline chassis ILO Std Replace cost of Deduct ($9,364.00) with Deduct ($ 7,936.00).

30c.) 9,600# GVW Chevrolet Gasoline chassis ILO Std Replace cost of Deduct ($13,684.00) with Deduct ($10,262.00).

31.) CNG fuel package is no longer available from manufacturer. Delete this option.

Additional available options:

32.) Girardin Body Model ILO Blue Bird Body Model:

32a.) MBIV Ford 6.0L Diesel 14,050# GVW 74” HR Add $ 4,569.00.

32b.) MBIV Chevy 6.0L Gasoline 12,300$ GVW 74” HR Add $ 265.00.

32c.) MBII Ford 6.0L Diesel 9,600# GVW 66” HR Deduct ($ 199.00)

32d.) MBII Chevrolet 4.8L Gasoline 9,600# 66” HR deduct ($ 3,825.00)


13

Specification:

2006 (or) Newer Ford Collins Grand Bantam 14050# Diesel School Bus. With a base price increase of $ 56,644.00 ea + sales tax *(Incentives of between $1,500 - $4,000 may be available at time of order, subject to eligibility.)


14

Should you have any questions or concerns, please feel free to call me.We look forward to continuing the excellent relationship we maintainWith the District.

Respectfully submitted,

Jim ReynoldsPresidentA-Z Bus Sales, Inc.

Accepted_________________________________Date_______________ (Signature)

2.1-CF


TO: Michele Lawrence, SuperintendentFROM: Lisa Udell, Assistant Superintendent, Human ResourcesDATE: August 22, 2007SUBJECT: Letter to the Board from the Personnel Commission

BACKGROUND INFORMATIONThe Personnel Commission has directed the Secretary to the Commissionto present a request to the board that the middle school secretariesreceive a salary upgrade. The Personnel Commission has based theirrequest on a legal case called the Sonoma Decision. However, theDistrict’s attorney has a different interpretation of this legal decision.

Because the request for an upgrade has collective bargainingimplications, staff is presenting the letter for information and requestingthat the Board place this as an item for discussion in closed sessionunder the Brown Act and collective bargaining.

POLICY/CODESonoma DecisionEducation Code Section 45268 and 45160Merit Rule 30.300.4

FISCAL IMPACTNo impact

STAFF RECOMMENDATIONAccept Letter for Public Review and direct the superintendent to placethe request on the closed session agenda for a future meeting.

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Personnel Commission of the Merit SystemBerkeley Unified School District2134 Martin Luther King Jr. WayBerkeley, CA 94704

August 2, 2007

Board of EducationBerkeley Unified School District2134 Martin Luther King, Jr. WayBerkeley, CA 94704-1180

Subject: Request for Salary Upgrade for the School Secretary II Classificationfrom Range 44 to Range 45

Dear Board Members:

California Education Code section 45268 grants the Personnel Commission theauthority to recommend salary schedules to the School Board as follows:

45268. The commission shall recommend to the governing boardSalary schedules for the classified service. The governing board mayapprove, amend, or reject these recommendations. No amendmentshall be adopted until the commission is first given a reasonableopportunity to make a written statement of the effect the amendmentswill have upon the principle of like pay for like service. Nochanges shall operate to disturb the relationship which compensationschedules bear to one another, as the relationship has beenestablished in the classification made by the commission. (Underliningadded.)

On February 4, 2003, the Personnel Commission approved a recommendedupgrade of the Secretary I classification from salary range 42 to 44. The SchoolBoard approved this upgrade by hiring/paying Secretary I positions at range 44from at least June 16, 2003 to date.

The major problem created by this upgrade is that it disturbed (that is tied orjumped over) the relationship of another existing secretarial classification. Inparticular, the Secretary II classification at range 44 was no longer being paidat a higher level than that of Secretary I. After the upgrade, the Secretary I andthe Secretary II classifications were paid at the same salary range, namely, atlevel 44.

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We can be fully confident of this interpretation because of the followingCalifornia appellate court decision: Sonoma County Board of Education v.Public Employment Relations Board, Sonoma County Organization of PublicEmployees, 102 Cal. App. 3d 689, 163 Cal. Rptr. 464; 1980 Cal. App. Lexis1519, 109 L.R.R.M. 2667; February 28, 1980. The court opinion sets forth anexample which is clearly applicable to our case.

“Thus, for example, the Board would be authorized to negotiate asalary increase for an “Acct.Clk. II” classification in column “A” solong as it did not equal or exceed the salary level established forthe next higher classification of “Acct.Clk. III” …” (Underliningadded.)

It should be noted that if we substitute Secretary I/Secretary II forAcct.Clk.II/Acct.Clk.III we have precisely our situation. Therefore, the fact thatcontrary to the above requirement, both the BUSD Secretary I and theSecretary II classifications are now being paid at an equal salary range violatesthe requirement that such changes “not equal” the salary established for ahigher classification. It follows that while the School Board had the authority toupgrade the Secretary I salary to range 44 based on Education Code section45268, it was also required to concurrently upgrade the Secretary IIclassification to range 45. This it failed to do.

In opposition to this interpretation, the BUSD Administration argues that theSecretary I salary upgrade constituted a reclassification by the PersonnelCommission rather than a request for the School Board to exercise its right todetermine the level of compensation. In our view, there is no merit to thisposition because the Personnel Commission lacked authority to grant such areclassification. Education Code section 45285 contains only one legal basis forthe reclassification of an existing position as follows:

45285. …

“(b) The basis for reclassification of the position shall be a gradualaccretion of duties and not a sudden change occasioned by areorganization or the assignment of completely new duties andresponsibilities. Determinations as to gradual accretion shall be on thebasis of guidelines provided by personnel commission rules.”

The facts are that the Secretary I upgrade was not a reclassification becausethere had been no gradual accretion of duties in the class over a period of time.The addition of two new duties in the Secretary I job description at the time ofthe salary upgrade is not evidence of a reclassification because the additionswere only the “assignment of completely new duties and responsibilities”,unrelated to any then current job specifications in either of the Secretary I or II

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job classes. Furthermore, the fact that the job title was not changed ispersuasive evidence that the Secretary I positions were not actually reclassified.In light of these facts and circumstances, the Personnel Commission lackedlegal grounds to reclassify the Secretary I classification. It follows that therewas no reclassification, only a salary upgrade approved by the Board.

To summarize, based upon the above analysis, it is clear that the PersonnelCommission lacked the required factual basis and therefore the authority toreclassify the Secretary I classification and the School Board failed to completeits task of upgrading the salary of the Secretary II classification to range 45concurrently with its upgrade of all Secretary I positions to range 44.Therefore, the misalignment of the District’s Secretary II positions is in ongoingconflict with Education Code sections 45268, 45285, as well as a preexistingappellate court decision, namely Sonoma County Board of Education, supra.The remaining question is how to rectify the error.

The problem of an incorrect salary alignment in the secretarial job series arosebecause in 2003 the BUSD Board failed to upgrade the Secretary IIclassification to range 45. Based on that fact, the Personnel Commissionstrongly recommends that the School Board now raise the Secretary IIclassification to range 45. Such a salary upgrade would not disturb othersecretary positions in this job series. Furthermore, it would bring the BUSDinto full compliance with the legal requirements of the merit system.

Sincerely,

___________________Shirley Van Bourg,Vice Chairperson of thePersonnel Commission

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TO: Michele Lawrence, SuperintendentFROM: Neil Smith, Assistant Superintendent, Educational ServicesDATE: August 22, 2007SUBJECT: Receive Essentials of Human Anatomy and Physiology for

Adoption Consideration at Berkeley High School

BACKGROUND INFORMATIONEssentials of Human Anatomy and Physiology, written by Elaine Marieb andpublished by Pearson, Benjamin Cummings, is being presented to the Boardfor review in preparation for adoption. The text is aligned with the CaliforniaState Standards for Science and will be used in the tenth grade HonorsAnatomy and Physiology course in the Arts and Humanities Academy (AHA)where all students take Advanced Biology as freshmen.

Essentials of Human Anatomy and Physiology was piloted at AHA during the2006-2007 school year in an effort to support the science education needs oftenth grade students with a focus in the visual and performing arts. TheHonors Human Anatomy and Physiology course at Berkeley High has beentraditionally taught at the twelfth grade level, and the text for that course isinappropriate for use with tenth graders.

The teachers at AHA selected this text because it is well-written in languageappropriate for tenth graders and, at the same time, thorough andsophisticated in its treatment of each human body system. An interactive CD,which accompanies each text, contains additional resources to help studentsenhance their understanding of the text. It is organized by body system andmatches the high school curriculum for the course. Well-developed reviewquestions at the end of each chapter are designed to help students prepare fortests and apply their knowledge to real world clinical settings. An instructor’sresource CD is included with each class set, and access to an interactivewebsite is also available to all students.

In order to use the State Instructional Materials Funds to purchase the books,the Board is required to adopt the text. The book will be on display in theSuperintendent’s Conference Room and will be brought to the Board meetingon September 5, 2007 for official adoption.

POLICY/CODEBoard Policy 6161.1

FISCAL IMPACTApproximately $6,750 for 70 texts

3.1-CF

STAFF RECOMMENDATIONAccept Essentials of Human Anatomy and Physiology for adoptionconsideration.

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TO: Board of EducationFROM: Lisa Udell, Ph. D., Assistant Superintendent of Human ResourcesDATE: August 22, 2007SUBJECT: Progress and Timeline of Classification Study

BACKGROUND INFORMATIONIn late May, 2007, the Classification Study Advisory Committee and Managersreviewed Reward Strategy Group’s (“RSG”) draft job descriptions, architectureand allocation charts. RSG was given revisions, suggestions and comments andRSG finalized their recommendations on July 23, 2007. On July 26, 2007, theAdvisory Committee met again and established the tentative timeline below.This timeline was brought to the Personnel Commission on August 2, 2007, forinformation purposes.

The Class Study timeline includes the following:

1. Notification of classification study results will be sent to each employeeon or before September 1, 2007. Managers will be given copies of theresults for those employees they supervise. The notification will include acopy of each employee’s proposed job classification and description. Thenotification will also include instructions as to how to requestreconsideration of a job description or classification. All requests forreconsideration of job descriptions/classifications shall be submitted bySeptember 15, 2007.

2. RSG will review all reconsideration requests and return its findings inOctober, 2007.

3. By November, 2007, the District and the Unions will begin negotiationsregarding job classification series and groupings, alignment, and animplementation plan. Clearly, this process may take a significant amountof time and thus, any timeline for the completion of the study cannot beprojected at this point.

4. By December, 2007, the final job descriptions, allocation andarchitecture charts, and projected budget impacts will be brought to theBoard of Education for review, consideration and action.

5. By January 2008, the Personnel Commission will review and act on theclassification job descriptions, allocation and architecture charts.

6. Employees will be sent their final job descriptions and a timeline andinstructions on how to Appeal to the Personnel Commission, ifapplicable.

POLICY CODEEducation Code Section 45256 and Personnel Commission Rules and RegulationsSection 30.300.1.

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FISCAL IMPACTNone

STAFF RECOMMENDATIONReview the timeline for information purposes.

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TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: August 22, 2007SUBJECT: American with Disabilities Act (ADA) Update Draft

BACKGROUND INFORMATIONThe Board approved hiring Logan Hopper Associates (LHA) on February 1,2006 for the purpose of updating the District’s ADA transition plan. LHAsurveyed all BUSD sites and compiled a detailed list by site of all programs thathad architectural barriers at the time of survey. The draft report is underseparate cover and available for review at 1707 Russell Street.

BUSD has spent considerable effort on making its sites accessible. Staffestimates that over $18 million has been spent over the past fifteen years. Despite this effort, the District’s efforts are not complete. Logan HopperAssociates has estimated that the District has approximately $2.3 million inadditional effort to complete all priority one projects. Sites may not be fullyaccessible for a variety of reasons. A list is included in the attached report, butsome of the more common examples are:

1. The code may have changed since the site was made accessible;2. The accessible feature may have been installed correctly, but may

have been vandalized or now requires maintenance;3. The project may have not included the whole site;4. The contractor may not have installed a building component correctly;

or5. The District may have done little or no work at a site.

The District already plans to make King CDC and Franklin PN fully accessiblewithin the year, has already contracted to improve accessibility of the Kingtrack, and will perform improvements in conjunction with projects authorizedbut not yet awarded (Jefferson kitchen and the King gym). Improvements inthe High School campus will come from the projects contained in the South ofBancroft plan. One of the most challenging buildings to complete will likely bethe Community Theater at Berkeley High, as it is probably the single mostexpensive to fix and has less school use than many of our other facilities.

This report is being presented as an informational item to the Board andpublic. The public is encouraged to comment on this draft report before theBoard is asked to adopt the Plan. Staff requests that comments be made inwriting and submitted to Lew Jones, Director of Facilities at 1707 RussellStreet by the end of the work day on September 28, 2007. Comments will bemade an attachment to the final report and may cause portions of the Plan to

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be modified.

POLICY/CODEAmerican with Disabilities Act of 1990.

FISCAL IMPACTThe cost is estimated to be approximately $2.3 million. Most of that cost willlikely come from the District bond; some will come from Measure BB.

STAFF RECOMMENDATIONAccept the draft ADA transition update.


Americans with Disabilities Act

ADA TRANSITION PLAN UPDATE

Public Review Draft: August 8, 2007

Berkeley Unified School District ADA Transition Plan Update

August 8, 2007 Page i

Table of Contents

Section Topic Page

1 Introduction 1 2 School District Responsibilities under the ADA 2 3 ADA Implementation and Enforcement 4 4 Program Accessibility Requirements 4 5 Transition Plan Requirements 6 6 Intent of this Transition Plan "Update" 8 7 Public Review and Input 9 8 ADA Coordinator and Duties 10 9 Grievance Procedures 1110 Maintenance of Accessible Features 1411 Accessible Meeting Locations 1612 Elevator and Lift Policy 1713 Transition Plan Priorities 1814 Description of Facility Elements 2215 Projected Implementation Schedule 2417 Proposed Transition Plan Costs at Each Site 2618 ADA / Accessibility Surveys and Scope of Work Reports 28


August 8, 2007 Page 1

1. Introduction

The Americans with Disabilities Act (ADA), enacted on July 26, 1990, provides comprehensivecivil rights protections to persons with disabilities in the areas of employment, state and localgovernment services, access to public accommodations, transportation, and telecommunications.The ADA is companion civil rights legislation with the Civil Rights Act of 1964 and Section 504of the Rehabilitation Act of 1973. This legislation mandates that qualified individuals with adisability shall not be excluded from participation in, denied the benefit of, or be subjected todiscrimination under any program or activity. The Act also provides employees with disabilitieswith certain protections and requires employers to make reasonable accommodation for qualifiedapplicants and employees.

The ADA is divided into five parts, covering the following areas:

Title I: Employment: Under this title, employers, including governmental agencies, must ensurethat their practices do not discriminate against persons with disabilities in the application, hiring,advancement, training, compensation, or discharge of an employee, or in other terms, conditions,and rights of employment.

Title II: Public Services: This title prohibits state and local governments from discriminatingagainst persons with disabilities or from excluding participation in or denying benefits ofprograms, services, or activities to persons with disabilities. It is under this Title that thistransition plan update has been prepared. The transition plan is intended to describe whatphysical changes are to be implemented to provide programmatic access to the District'sprograms and services.

Title III: Public Accommodations: Title III of the ADA requires places of publicaccommodation to be accessible to and usable by persons with disabilities. The term “publicaccommodation” as used in the definition is often misinterpreted as applying to public agencies,but the intent of the term is to refer to any privately funded and operated facility serving thepublic.

Title IV: Telecommunications: This title covers regulations regarding private telephonecompanies and requires common carriers offering telephone services to the public to increase theavailability of interstate and intrastate telecommunications relay services to individuals withhearing and speech impairments.

Title V: Miscellaneous Provisions: This title contains several miscellaneous regulations,including construction practices, attorney’s fees, and technical assistance provisions.

Title II dictates that a public entity must evaluate its services, programs, policies, and practicesto determine whether they are in compliance with the nondiscrimination regulations of the ADA.The regulations detailing compliance requirements were issued on July 26, 1991. Theseregulations mandate that each public entity is required to examine activities and services, identifyproblems or physical barriers that may limit accessibility for persons with disabilities, and todescribe potential compliance solutions. The entity must then proceed to make the necessarychanges resulting from the evaluation, and a transition plan must be prepared to describe anystructural or physical changes required to make programs accessible.



In the ADA, the term “disability” means, with respect to an individual:

1) a physical or mental impairment that substantially limits one or more of the major lifeactivities of such individual;

2) a record of such an impairment; or

3) being regarded as having such an impairment.

If an individual meets any one of these three tests, he or she is considered to be an individualwith a disability for purposes of coverage under the Americans with Disabilities Act. The FinalRules of the ADA describe in greater detail the conditions included and excluded as disabilitiesunder the ADA, and these rules should be referred to if more detailed descriptions of covereddisabilities are desired.

2. School District Responsibilities under the ADA

School districts have various obligations under Title II of the ADA. Title II of the ADA issimilar to Section 504 of the Rehabilitation Act of 1973, but differs in that Section 504 appliesonly to government agencies that receive federal financial assistance. The purpose of Section504 is to ensure that no qualified individual with a disability shall, solely by reason of his or herdisability, be discriminated against under any program or activity receiving federal financialassistance. The District has been subject to and operated under the requirements of Section 504for many years.

The ADA specifically states the intent not to apply lesser standards than are required under otherfederal, state, or local laws; therefore, the law that is the most stringent takes precedence. Thisintent has particular application with respect to the District’s obligations under the ADA, Section504, or under Title 24 of the California Code of Regulations, which in some cases exceeds ADArequirements with respect to structural and physical changes.

Title II of the ADA mandates that public entities, including public school districts, may notrequire eligibility criteria for participation in programs and activities that would screen personswith disabilities, unless it can be proven that such requirements are necessary for the mandatoryprovision of the service or program. A public entity must reasonably modify its policies andprocedures to avoid discrimination toward disabled residents. However, if the public entity candemonstrate that a modification would fundamentally alter the nature of its service, it would notbe required to make that modification. The lone exception to these requirements would bebecause of undue hardship. “Undue hardship” is defined in the ADA as an “action requiringsignificant difficulty or expense” when considering the nature and cost of the accommodation inrelation to the size, resources, and structure of the specific operation. Undue hardship isdetermined on a case-by-case basis.

A school district is required to prepare a transition plan, outlining the structural modifications itwill implement to make its programs and services accessible to persons with disabilities.



A school district is required to designate a person to be responsible for coordinating theimplementation of ADA requirements, including the transition plan, and for investigatingcomplaints of alleged noncompliance. The ADA Coordinator and the duties involved aredescribed later in this transition plan update.

The ADA states that a public entity is required to make available to applicants, participants,residents, and other interested parties information regarding the transition plan and itsapplicability to the services, programs, or activities of the public entity. It is also required thatthe public be allowed to have an active role in the overall process. The entity is required toapprise the public of the protections against discrimination afforded to them by the Title II,including information about how Title II requirements apply to its particular programs, servicesand activities. A public entity is required to provide an opportunity for interested persons,including individuals with disabilities or organizations representing individuals with disabilities,to participate in the development of the transition plan by submitting comments and makingspecific recommendations. A copy of the draft transition plan should be made available forpublic inspection during a formal citizen review period. A public hearing should also bescheduled to receive oral comments and testimony from any member of the public, regarding theprograms and services of the District and any specific agreements or objections to any itemcontained in the draft transition plan. A public notice should contain the date, time, and locationof the public hearing. The draft transition plan must also be available in alternate formats.Written comments must be received in any alternative format chosen by respondents. Oncepublic comments are received, the transition plan should be amended to respond to publiccomments prior to approval and adoption by the Board of Education at a regular public Boardmeeting

A public entity that employs 50 or more persons is required by the ADA to adopt and publishgrievance procedures providing for prompt and equitable resolution of complaints alleging anyaction that would be prohibited by Title II. The recommended District grievance procedures asthey relate to the transition plan are provided in another section of this transition plan update.



3. ADA Implementation and Enforcement

The final Rules and Regulations of the ADA describe the requirements for implementation andenforcement (Code of Federal Regulations, Title 28, Part 35, Subpart D). As described earlier, apublic entity (including a local school district) must operate its services, programs, and activities,when viewed in their entirety, so that they are accessible to and usable by individuals withdisabilities.

In order to achieve this basic goal, a school district must implement policies and proceduresintended not only to remove any discriminatory practices toward persons with disabilities butalso to bring about conditions that comply with policies that have become common practice,either due to specific legislation and regulation, applicable legal precedent and case law, orgenerally accepted standards for providing programs and services by public schools.

Enforcement under the ADA is generally provided in one or more of three ways:

1) The U. S. Department of Education, Office for Civil Rights (OCR) enforces therequirements of the ADA and other regulations regarding free appropriate publiceducation (FAPE). Any person may file a complaint with that agency, and it isresponsible for investigating such complaints and resolving disputes through its ownregulatory policies.

2) The ADA generally provides for civil litigation as a method of effecting enforcement, andany person may file a civil complaint as a result of alleged discrimination under theADA.

3) Each public entity is responsible for establishing its own grievance procedures forbringing about enforcement under the ADA. Complaint and grievance procedures mustfollow guidelines described in the ADA. A public entity is also responsible for acontinual monitoring of its policies and procedures with respect to its implementation ofthe ADA. The recommended District grievance procedures are outlined in a separatesection of this transition plan update.

4. Program Accessibility Requirements

The final Rules and Regulations of the ADA describe the requirements for “programaccessibility” (Code of Federal Regulations, Title 28, Part 35, Subpart D, and DOJ TechnicalAssistance Manual, Section II-5.1000). A public entity may not deny the benefits of itsprograms, activities, and services to individuals with disabilities because its facilities areinaccessible. A public entity (including a local school district) shall operate each service,program, or activity, when viewed in its entirety, so that it is accessible to and usable byindividuals with disabilities. The ADA does not require the public entity to make all of itsexisting facilities accessible, nor does it require a public entity to take any action that wouldfundamentally alter the nature of a service, program, or activity. Also, it does not requireimplementation of the ADA that would result in undue financial and administrative burdens. Insuch cases where documentation is provided in keeping with strict procedures outlined in theADA, there are various methods that may be appropriate for providing “program accessibility” inlieu of making actual physical structural changes to facilities.



There are some defined limitations on the program accessibility requirement. A public entitydoes not have to take any action that it can demonstrate would result in a fundamental alterationin the nature of its program or activity or in undue financial and administrative burdens. Thisdetermination can only be made by the head of the public entity or his or her designee and mustbe accompanied by a written statement of the reasons for reaching that conclusion. Thedetermination that undue burdens would result must be based on all resources available for use inthe program. If an action would result in such an alteration or such burdens, the public entitymust take any other action that would not result in such an alteration or such burdens but wouldnevertheless ensure that individuals with disabilities receive the benefits and services of theprogram or activity.

Public entities may achieve program accessibility by a number of methods. In most situations,providing access to facilities through structural methods, such as alteration of existing facilitiesand acquisition or construction of additional facilities, may be the most efficient method ofproviding program accessibility. The public entity may, however, pursue alternatives tostructural changes in order to achieve program accessibility. Nonstructural methods includeacquisition or redesign of equipment, assignment of aides to beneficiaries, and provision ofservices at alternate accessible sites. When choosing a method of providing program access, apublic entity must give priority to the one that results in the most integrated setting appropriate toencourage interaction among all users, including individuals with disabilities.

Unlike private entities covered by Title III of the ADA, public entities are not necessarilyrequired to remove barriers from each part of each facility, even if removal is readily achievable.A public entity must make its “programs” accessible. Physical changes to a building are requiredwhen there is no other feasible way to make the program accessible.

With these facts in mind, in determining what structural changes to existing facilities arenecessary, it is necessary to develop an understanding of the specific public programs andactivities occurring at existing facilities within the District. This may include communications,publications, employment, and many other factors that are separate from proposed structural orphysical modifications to facilities that are described in the transition plan update.

Determination that a facility, or portion thereof, is accessible is based on the standards of theAmericans with Disabilities Act Accessibility Guidelines (ADAAG), and the criteria establishedby this document. The transition plan update provides the scoping requirements in place of thoseprovided by the ADA and ADAAG for new construction and remodeling. The ADAAG setsstandards for accessibility of specific elements, and establishes “scoping” requirements for newconstruction and remodeling. “Scoping” determines which elements need to be accessible for agiven type of work. The transition plan update establishes the scoping or school facilityaccessibility criteria. This criteria delineates the standards that should be used in determiningaccessibility of an entire facility or a portion of a facility by referencing specific facilityelements. The criteria will be used for existing facilities where new construction or alterationsare not otherwise being contemplated.

Where the District undertakes new construction or modernization that is not restricted toaccessibility, modifications to upgrade accessibility features may be required that are notproposed in the transition plan. Such work may also be triggered by the applicable buildingcode, and is separate from the program access requirement addressed by the transition plan.



5. Transition Plan Requirements

The major purpose of a transition plan, as it relates to buildings and facilities owned andoperated by a public entity, is to document the physical barriers to persons with disabilities thatare present in the facilities and to describe the structural modifications that will be undertaken toprovide program accessibility.

A public entity is required to prepare a transition plan if structural modifications to facilities arerequired to provide access to programs or services. Title II of the ADA regulates governmentagencies, with its primary goal being to ensure that all of their programs and services areaccessible to individuals with disabilities. The transition plan update is limited to evaluatingarchitectural barriers; however, an analysis of the programs and services rendered by the Districtis also important to determine what physical changes are necessary. The transition plandocuments what actions the District will take to alter its facilities. The ADA requires that thetransition plan be submitted for public review before final approval and adoption by theappropriate regulatory agency.

Generally, the transition plan lists existing architectural barriers in all District facilities, and itfurther schedules which barriers are to be removed to provide access for individuals withdisabilities to District programs and services. The District is required to provide access to all ofits programs, but is not required to remove all architectural barriers in all parts of its facilities. Inaddition to making physical improvements, government agencies can choose among variousadministrative solutions, such as relocating or modifying a particular program, in order to obtainoverall program access.

The transition plan is required by Department of Justice regulations to address the followingaspects of accessibility:

(1) If a public entity has responsibility or authority over streets, roads, or walkways, itstransition plan shall include a schedule for providing curb ramps or other sloped areaswhere pedestrian walks cross curbs, giving priority to walkways serving entitiescovered by the ADA, including State and local government offices and facilities,transportation, places of public accommodation, and employers, followed by walkwaysserving other areas.

(2) The transition plan shall identify physical obstacles in the public entity’s facilities thatlimit the accessibility of its programs or activities to individuals with disabilities;

(3) The transition plan shall describe in detail the methods that will be used to make thefacilities accessible; and

(4) The transition plan shall specify the schedule for taking the steps necessary to achievecompliance with the ADA and, if the time period of the transition plan is longer thanone year, identify steps that will be taken during each year of the transition period.



This transition plan update describes architectural barriers found in all of the public areas ofDistrict-operated facilities. It includes a plan for removing the physical barriers necessary toachieve program access. The transition plan update evaluates only areas where the publicparticipates in District programs and activities. Employee areas are covered by the ADAemployment provisions, which require that reasonable accommodations should be made to meetthe needs of specific employees. The ADA does not require specific mitigating measuresnecessary for the alteration of existing employee work areas for Title II programs.

The schedule and projected completion dates of facility modification projects is contained in thesection, "Recommended Implementation Plan". Another section, "Transition Plan Work andCosts at Each Site", contains a list of affected facilities and the detailed architectural and barriersurveys of District facilities, conducted from August, 2006, to March, 2007. These surveysdocument all of the architectural barriers present at the time of the surveys. The surveys do notnecessarily provide a complete listing of complying architectural features of all facilities.Accessibility features of facilities not listed are assumed to be in compliance with accessibilitystandards. It is also important to note that the dates of survey for each facility is an important“datum”, and that renovations and improvements made to facilities after the date of survey arenot included as part of this transition plan.

Title II of the ADA designates the Americans with Disabilities Act Accessibility Guidelines(ADAAG) as a standard for both new construction and renovations. Since the ADA specificallystates that it does not override requirements of other state and local requirements, the State ofCalifornia Building Code (California Code of Regulation, Title 24, Parts 2, 3, 5, and 8) accessregulations must also be applied if actual construction is undertaken. Therefore, for the purposeof this transition plan, the construction work required at each facility is evaluated based on themost stringent requirements of the ADAAG, dated July 26, 1991, or Title 24, dated July, 2001.

Where the District undertakes new construction or modernization that is not restricted toaccessibility, modifications to upgrade accessibility features may be required that are notproposed in the transition plan update. Such work may also be triggered by the applicablebuilding code, and is separate from the program access requirement addressed by the transitionplan update.



6. Intent of this Transition Plan Update

The transition plan update contained in this document represents the culmination of an extendedprocedure for evaluating the District’s facilities, programs, and services under Title II of theADA and other disability regulations, and for providing accessibility modifications to existingfacilities. Structural modifications necessary to provide program accessibility to Districtfacilities, as required by Section 504 of the Rehabilitation Act of 1973 and the ADA, have beendeveloped and implemented for a number of years.

In 1989, the District entered into an Accessibility Settlement as required by Stipulated Order No.C 88-3001-FMS of the U. S. District Court, Northern District of California, to provide physicalaccessibility to its facilities. As an adjunct to this settlement agreement, the District prepared anumber of accessibility surveys of facilities and undertook a number of access renovations atvarious facilities, which were monitored by a court-appointed disability access expert. Inaddition, the District has prepared quarterly monitoring reports since that time. These surveysand monitoring reports formed the basis of a "Section 504" transition plan. It should be notedthat the ADA does not specifically require that an additional ADA transition plan be prepared ifa transition plan was previously prepared and implemented under Section 504, only that it beupdated if and when program and facility changes point toward the need to do so. While theprevious transition plan documents provided the basis for subsequent facility improvements, it isnot clear that these documents were formally adopted by the Board of Education.

Since the late 1980's, the District has evaluated the accessibility of its facilities and has provideda number of accessibility upgrades, most accomplished in conjunction with voter-approved bondmeasures. Measure A was passed in 1992, and facility construction and renovations undertakenin conjunction with bond or other projects has provided approximately $18,000,000 beingallocated to accessibility-related improvements at 17 District sites. It should be noted that all ofthese accessibility improvements were reviewed and approved by the Division of the StateArchitect, Access Compliance Section.

At this point in time, as school construction and modernization is being completed at many sites,the District is attempting to undertake a final assessment of all accessibility work undertaken inresponse to the requirements of Title II of the ADA, and to update its transition plan for formalapproval and adoption by the Board of Education.



7. Public Review and Input

As discussed previously, a public entity that employs 50 or more people is required to seekpublic input on its ADA Transition Plan. Beyond the legal requirements, such input is vital inassuring that those affected by the District's policies with respect to the inclusion of persons withdisabilities in District programs and services understand the scope and nature of the District'splans for providing equal access. As described in the previous section, the process of providingaccess to District facilities has spanned a number of years, and efforts to obtain public input havebeen undertaken throughout this period.

The issuance of a public review draft of this transition plan update will commence a more formalperiod of public review and participation. The notice of the issuance of such a draft will beadvertised in local publications, and upon issuance, members of the public will be afforded a 30-day comment period to submit written comments. The draft transition plan update will be madeavailable in alternate formats, and written comments will be received in any alternative formatchosen by respondents. Members of the public will also be afforded the opportunity to makepublic oral comments about the self-evaluation at a public hearing, to be convened after the 30-day comment period.

All public comments received during the 30-day review period will be incorporated into anAppendix to the final draft of the transition plan update to be approved by the Board ofEducation. All public comments will be reviewed, analyzed, and incorporated into a revisedself-evaluation and transition plan as deemed to be appropriate.

In addition, all members of the public will be afforded the opportunity to provide oral testimonyat a public hearing of the Board of Education prior to the Board's adoption process.



8. ADA Coordinator and Duties

Under Title II of the ADA, any public entity with fifty or more employees must designate at leastone employee to coordinate ADA compliance [28 C.F.R. § 35.107 (a)]. The regulations refer tothis person, or persons, as the “responsible employee or employees"; this transition plan updateuses the more commonly used term, “ADA Coordinator.” It is important to note that schooldistricts that are subject to Section 504 and employ fifteen or more persons must designate atleast one person to coordinate their Section 504 compliance activities [34 C.F.R § 104.7 (a)].The same individual usually coordinates ADA and Section 504 compliance activities.

The ADA Coordinator is the key player in ensuring ADA compliance. The ADA Coordinator’srole includes planning and coordinating overall compliance efforts, ensuring that theimplementation is completed, and receiving and investigating complaints related todiscrimination on the basis of disability. To fulfill the job, the coordinator must have theauthority, knowledge, skills and motivation to implement the regulations effectively.

One purpose of this requirement is to ensure the members of the public who need to interfacewith school systems can readily identify a person who is familiar with ADA and Section 504requirements and who can communicate those requirements to other key staff. It is expected thatthis employee will have the authority to take whatever action is needed to correct infractions. Itis also required, however, that the school system make an effort to prevent violations by ensuringthat all of its employees and agents are thoroughly familiar with their obligations.

Because of the ADA Coordinator’s potential wide span of responsibility, it is important todesignate a definite organizational placement for the position or positions. It is suggested thatthe ADA Coordinator position be responsible to high-level District-wide management.

In order to ensure that individuals can easily identify the ADA Coordinator, the public entitymust provide the ADA Coordinator’s name, office address, and telephone number to allinterested individuals [28 C.F.R § 35.107 (a)]. Notice of the identity of the ADA Coordinator isgenerally combined for ease and efficiency with notice of ADA requirements.

At the time of the drafting of this transition plan update, the ADA Coordinator position is held byAlan Levinson, Director of Classified Personnel, Department of Human Resources, BerkeleyUnified School District, 2134 Martin Luther King Jr. Way, Berkeley, CA. 94703, telephone 510-644-6150.



9. Grievance Procedures

It is a common misunderstanding among many public entities and school systems that thegrievance procedure required by the ADA applies only to employees. To the contrary, thepurpose of this grievance procedure is to provide means for timely resolution of all problems orconflicts related to ADA compliance before they escalate to the point where the complainantfeels it necessary to resort to the federal complaint process or litigation. This procedure must bejust as accessible and appropriate for use by students or public citizens as by school systememployees.

The Title II regulation provides that the ADA Coordinator is to oversee the investigation andresolution of complaints [28 C.F.R. § 35.107 (a)]. The Title II regulation also provides thatpublic entities must adopt and publish grievance procedures, providing for prompt and equitableresolution of complaints [28 C.F.R. § 35.107 (b)]. The public entity may use a grievanceprocedure that is already in place; it is not necessary to design a separate process specifically forthe ADA.

There are similarities and differences between the Title II and Section 504 requirementsconcerning grievance procedures. Both regulations require that covered entities adopt andpublish a grievance procedure providing for the prompt and equitable resolution of complaints[28 C.F.R. § 35.107 (b) and 34 C.F.R. § 104.7(b)]. Under both regulations, complainants are notrequired to exhaust grievance procedures before filing a complaint with the U.S. Department ofEducation’s Office for Civil Rights. However, Section 504 requirements apply to recipients withfifteen or more employees, while the Title II requirements apply to public entities with 50 ormore employees [28 C.F.R. § 35.107 (a) and 34 C.F.R. § 104.7(a)]. Also, unlike the Title IIregulation, the Section 504 regulation specifically states that grievance procedures must adoptdue process standards [34 C.F.R. § 104.7(b)].

A grievance procedure should include the following components: a detailed description of the procedures for submitting a grievance; a two-step review process that allows for appeal; reasonable time frames for review and resolution of the grievance; records of all complaints submitted, responses given, and steps taken to resolve the issue;

and an alternative procedure if the complainant alleges that the ADA coordinator or other

school officials with responsibilities regarding the grievance procedures process are apart of the alleged discrimination.

The recommended District Grievance and Complaint documents and forms are as included onthe following pages.



Recommended Complaint / Grievance Policy and Forms

Who May File: Any person with a disability, or any parent or guardian who represents a minorperson with a disability, who believes that they have been the subject of disability-relateddiscrimination on the basis of the denial of access to facilities, programs, or services.

Procedure:Step 1: Fill out a Grievance FormFill out the Grievance Form attached to this Procedure sheet giving all of the informationrequested. You may also use your own form or additional sheets. The grievance form should befiled in writing with the School District's ADA Coordinator within 60 working days of thealleged disability-related discrimination. Upon request, reasonable accommodations will beprovided in completing the form, or alternative formats of the form will be provided. TheGrievance Procedure and Form may by obtained from and sent to the Berkeley Unified SchoolDistrict's ADA Coordinator at the following location:Step2: An Investigation is ConductedThe complainant will be notified within 10 working days of the receipt of the grievance, and theADA Coordinator or other authorized representative will undertake an investigation into themerits of the complaint within 20 days of receipt of the grievance. If necessary, the ADACoordinator or other authorized representative will contact the complainant directly to obtainadditional facts or documentation relevant to the grievance.Step 3: A Written Decision is Prepared and Forwarded to the ComplainantThe ADA Coordinator or other authorised representative will prepare a written decision, afterfull consideration of the merits of the grievance, no later than 30 days following the receipt of thegrievance. A copy of the written decision will be mailed to the complainant by registered mailno later than 5 working days after preparation of the written decision.Step 4: Appeal to the SuperintendentIf the complainant is dissatisfied with the written decision, he or she may file a written appealwith the Superintendent no later than 15 days of the date of the mailing of the decision. Theappeal must contain a statement of the reasons why the complainant is dissatisfied with thewritten decision, and must be signed by the complainant, or by someone authorized to do so onthe complainant's behalf. The Superintendent will act upon the appeal no later than 30 days afterreceipt, and a copy of the Superintendent’s written decision will be mailed to the complainant byregistered mail no later than 5 working days after preparation of the decision.

The ADA coordinator shall maintain the confidentiality of all files and records relating togrievances filed, unless disclosure is authorized or required by law. Any retaliation, coercion,intimidation, threat, interference, or harassment for the filing of a grievance, or used to restrain acomplainant from filing, is prohibited and should be reported immediately to the ADACoordinator.



Complaint / Grievance FormComplainant: _________________________________________________________________

Person Preparing Complaint (if different from Complainant): ___________________________

Relationship to Complainant (if different from Complainant): ___________________________

Street Address & Apt. No.: ______________________________________________________

City: ________________________________ State: ________________ Zip: _____________

Phone: (______) ___________________ Email:____________________________________

Please provide a complete description of your complaint or grievance:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please specify the location of your grievance (if applicable):_____________________________________________________________________________________________________________________________________________________________________________________________________

Please state what you think should be done to resolve the grievance:

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please attach additional pages as needed.

Signature: ______________________________________ Date: _______________________

Please return to: Berkeley Unified School District's ADA Coordinator

Upon request, reasonable accommodation will be provided in completing this form, or copies ofthe form will be provided in alternative formats. Contact the ADA Coordinator at the aboveaddress.



10. Maintenance of Accessible Features

Under Title II regulations of the ADA, public school systems must maintain in workingcondition those features of facilities and equipment that are required to be readily accessible toand usable by persons with disabilities under the ADA [28 C.F.R § 35.133(a)]. Inoperableelevators or wheelchair lifts, locked accessible doors, or accessible routes that are obstructed byfurniture, filing cabinets, or potted plants are neither “accessible to” nor “usable by” individualswith disabilities [28 C.F.R. § 35.133 (Preamble)]. Section 504 regulations do not contain acomparable provision concerning the maintenance of accessible features.

This particular ADA requirement would also apply to alternative programs and services that areenacted to provide programmatic accessibility in lieu to physical accessibility. For example,programs and services that provide effective communications under the ADA must bemaintained in operation as required to continue the services so that they may be used by someonein the future, even though they may not be actively used at the particular time.

It should be noted that ADA requirements regarding the maintenance of accessible features donot prohibit temporary obstructions or isolated instances of mechanical failure [28 C.F.R. §35.133(b) (Preamble)]. Isolated or temporary interruptions in service or access due tomaintenance or repairs are also not prohibited [28 C.F.R. § 35.133(b). However, allowingobstructions or “out of service” equipment to persist beyond a reasonable period of time wouldviolate this requirement, as would repeated mechanical failures due to improper or inadequatemaintenance [28 C.F.R. § 35.133 (Preamble)].

The District should maintain a system of monitoring standard accessibility improvements at allschool sites to assure continuing compliance with the ADA Accessibility Guidelines and to takeall reasonable steps to provide both programmatic and physical access for persons withdisabilities. Programmatic requirements, such as the provision of TTY’s, sign languageinterpreters, and alternative written formats, should be monitored by the ADA Coordinator.Certain technical requirements, such as the maintenance of telephone lines to accommodateTTY’s, would probably need to be delegated to those responsible for such systems within theDistrict. While physical access items should be reviewed and monitored at a general level by theADA Coordinator, detailed monitoring of such items should be delegated to the District’sfacilities and maintenance departments, who would ultimately be responsible for maintenanceand repairs. It is usually recommended that a school district should appoint a supervisory-levelperson within the facilities and/or maintenance departments to be responsible for maintenanceand repairs of accessibility-related improvements at the various school sites, train personnel,order parts, and resolve details of potential or reported problems. Specific conditions that shouldbe maintained to provide physical accessibility include, but are not necessarily limited to, thefollowing items:



1) Maintain exterior pathways and repair any surface irregularities that may become greaterthan 1/2” due to wear or cracking, and make other repairs to keep pathways from causinghazardous conditions.

2) Maintain accessible parking spaces to have all appropriate signage and to keep accessaisles to the spaces and to the main entrances they serve clear and usable.

3) Maintain and replace as required all building signage that would direct persons withdisabilities to the accessible paths of travel.

4) Maintain all doors providing primary accessibility to be fully operable during normalhours of operation of the facility, including during evening or weekend activities.

5) Maintain all door pressures required to open doors to be as low as possible, but in no casemore than 8.5 pounds for exterior doors and 5 pounds for interior doors.

6) Maintain all elevators in proper working condition, with keys prominently displayed atfacility main offices (see also Section 11). Set up and monitor yearly maintenanceinspections by contracted elevator maintenance companies and State Elevator Safety Unitfor all elevators.

7) Maintain all wheelchair lifts in proper working condition, with keys prominentlydisplayed at facility main offices (see also Section 11). Set up and monitor yearlymaintenance inspections by contracted lift maintenance companies and State ElevatorSafety Unit for all lifts.

8) Maintain all accessible plumbing fixtures, including toilets, urinals, lavatories, sinks,faucets, showers, and drinking fountains, to be fully operational and in compliance withaccessibility codes.

9) Maintain all toilet accessories to be fully operational and mounted no more than 40”above the floor at all accessible restrooms. Maintain all grab bars to be tight andstructurally sound, with no accessories mounted above the grab bars.

10) Maintain and monitor objects mounted on walls to protrude no more than 4” into paths oftravel.

11) Maintain floor mats at doorways to be adhered to the floor.

12) Maintain audible and visual fire alarms and pull stations to be fully operational.

13) Maintain all phone lines serving TTY’s (telephone devices for the deaf) to be fullyoperational, and train staff how to answer and handle incoming calls over the TTY’s.

14) Maintain all assistive listening devices to be operable and available for public use at therooms or spaces so designated.



11. Accessible Meeting Locations

The Berkeley Unified School District, though various sites and programs, often holds meetingsand assemblies for the general student population and community members. Such meetings maybe held on District properties or at non-District sites.

In order to assure compliance with the ADA, such meetings and activities should only be held atsites that are accessible to persons with disabilities. The term "accessible" would apply not onlyto the physical facility location, but also to the programmatic requirements of the particularevent, such as communications, assistive devices, etc. It should be noted that such a requirementwould extend to extra-curricular and social activities of the District.

In addition, meetings and activities are often organized and operated by "non-District"organizations and held at District owned sites. This transition plan update does not include thesenon-District activities, although the District may decide to review its property managementprocedures as they relate to the ADA.

At a minimum, District meeting participants should expect the following, in terms of physicalaccessibility:

1. accessible parking, if on-site parking is provided for all attendees,2. an accessible path of travel from the public right-of-way and parking area (if provided) to

the meeting location,3. accessible separate-gender restrooms (if separate-gender restrooms are provided for other

attendees) or an accessible unisex restroom (if a unisex restroom only is provided toother attendees), within reasonable proximity to the meeting location.

4. an accessible drinking fountain, if provided to other attendees.5. accessible seating at an integrated location within the meeting area.6. access to all ancillary spaces, such as stages or pits, if used at the meeting.

It is usually recommended that school districts maintain procedures to assure that all publicmeetings are held at accessible locations within all sites where such meetings are held. This isbest accomplished by compiling and distributing a list of accessible meeting locations withinDistrict-owned facilities. An “accessible location” implies that all accessibility elements relatingto the specific meeting area are complying, including parking and loading zones, path of travel tothe meeting location, restrooms and drinking fountains serving the meeting location, and allassembly room elements, such as accessible seating areas and assistive listening systems.



12. Elevator and Lift Policy

At many District locations, elevators and wheelchair lifts are necessary for persons withdisabilities to have primary access to all floors of a building, or to various levels within aparticular story. The transition plan describes specific locations where elevators or wheelchairlifts either currently exist or are required, or where existing elevators or wheelchair lifts need tobe renovated or modernized.

There are some real security concerns relating to elevators and lifts at public school sites. At thesame time, reasonable security concerns must be weighed against the need for persons who relyon elevators or lifts for primary access to effectively use a facility.

There are a number of programmatic and relatively complicated code-related issues on thesubject of elevator and lift operation. Both the ADA and the California State Building Code(Title 24) require that elevators and lifts should be installed to "facilitate unassisted entry,operation, and exit". Because any parent or visitor to a school must check-in at the office, itmight represent no greater an imposition for a person with a disability than for a non-disabledperson to get the key from the office. For such a policy to be implemented, it must be assuredthat the key is readily available, even if regular staff are not present.

Recommended procedures and policies for the use of elevators and wheelchair lifts is listedbelow:

1) Wherever possible, elevators and lifts should be left unlocked and operated without theuse of keys.

2) If key(s) for elevators or lifts are required for security reasons, individual students withdisabilities, parents of students with disabilities, parents or volunteers with disabilities, oraides should be provided with a key, upon written request.

3) There should be a prominent sign, both at the main entrance and in the main office,stating the location of any elevator or lift at the site, and describing the policy for its use,including the location of any key(s) necessary to operate the elevator or lift.

4) There should be a prominent sign at each elevator or lift describing the policy for its use,including the location of any key(s) necessary to operate the elevator or lift.

5) Elevator or lift keys should be kept in a prominent and permanent location, such as aprominent "key box" mounted on the main school office wall, with staff knowledgeableof its location, together with instructions for elevator or lift use.

6) Any student, parent, or school visitor should be allowed to use the elevator or liftindependently, to the same extent that any non-disabled person would be able to use theelevator or lift.

7) Appropriate staff (main office and custodial) should take part in a training on operation ofthe lift and remain knowledgeable on its proper operation and use.

8) Every elevator and lift should be inspected and serviced yearly, on a contract basis.



13. Transition Plan Priorities

One of the most important aspects of a transition plan is assigning priorities to structuralmodifications necessary to achieve program access. Obviously, the highest priority items shouldbe undertaken first, and the schedule is dependent on these determinations.

The assignment of priorities is a process that must involve input and recommendations from thelocal disability community. Therefore, the public review period is a critical component, andpriorities and schedules proposed in the draft plan are subject to review by local groupsrepresenting persons with disabilities.

In general, there are actually two types of prioritizations that must take place:

1. Prioritization of individual facilities:

One of the major determinants for this prioritization involves an analysis of theDistrict's programs and services offered at each facility. Other factors, such thenumber of students, type of programs offered, proximity to certain geographic areas,and proximity to transportation, also weigh in these determinations. However, it isimpossible to generalize; each facility must be analyzed on a case-by-case basis.

Given the geographic separation and the fact that most students attend the schoolnearest their residence, all schools within the District are considered to be of equalpriority for this transition plan update.

2. Prioritization of barriers and their removal within each individual facility:

High priority (Level 1) items would generally include those that affect the primaryaccessibility of a facility, that is, conditions that would generally make a facilityunusable for a broad spectrum of persons with disabilities.

Medium priority (Level 2) items would generally include items that adversely affectthe "quality" of usage of a facility for persons with disabilities, as afforded to non-disabled persons.

Low priority (Level 3) items would generally include items that might represent asmall deviation from applicable codes and standards, or items where alternativemeans of usage are possibly available. Generally, these items would not be scheduledfor any mitigation, and schematic costs for these items are not included.

It is important to realize that any prioritization is not given to imply that some items are notimportant or that correction is not necessary. The applicable codes and standards do notdistinguish between "important" or "unimportant" requirements, and certainly all requirementsshould be met for a facility to be deemed fully accessible. Rather, such a prioritization isintended to reflect the desires of the District and the local disability community in establishingwhich improvements should be undertaken first, or given priority in a phased implementation.Also, priority numbers are not static and are subject to re-evaluation as the review and approvalprocess proceeds.



Given below is a list of specific accessibility-related work items to be completed at each schoolor facility, separated by priority. The costs of specific work necessary for each facility is givenin the detailed schedule of work in another section.

Priority 1: • one accessible loading zone on an accessible route to the main accessible entrance,

allowing private vehicle loading and unloading, if on District property• new or re-striping of accessible parking spaces to meet total allotment requirement for site• signs designating accessible parking spaces• main curb ramp(s) at loading zones (if on District property) and accessible parking spaces• curb ramp(s) on primary paths of travel• at least one primary accessible route connecting the public way, accessible parking, main

accessible entrance, main office, and public assembly area• remediation of hazardous pathways along the designated accessible path of travel, such as

broken or uneven pavement, grates with slots greater than 1/2”, or abrupt changes in level• remediation of hazardous protruding objects, extending more than 4” into the path of

travel• new ramp(s) required along the primary path(s) of travel• stairs providing primary access to areas not otherwise served by an elevator, lift, or ramp• remediation of hazardous ramps along the primary path of travel; re-grading of slopes

exceeding 10% or cross-slopes exceeding 3%, installing curbs at drop-offs, etc.• installing new elevator(s) to provide access to all levels, were required by programs• installing platform lift(s) on primary path of travel where ramp is not feasible• all door elements at primary accessible entrance, accessible classrooms and offices• door thresholds and widths on primary paths of travel• one set of accessible restrooms for students• one set of accessible adult restrooms• one accessible "high-low" drinking fountain on the main floor, if any drinking fountain is

provided.• one accessible pay telephone, if provided• accessible entrance, path of travel, and stage for public assembly room• accessible seating and path of travel for bleachers in gymnasium and outdoor sports fields

used for interscholastic competition• service counter for main office• one accessible play area for each level of student participation, including accessible play

structures and accessible surfacing• entrance and accessible path of travel identification signage• primary routes connecting common use rooms and accessible classrooms• one workstation or participation area and emergency apparatus for each type of scientific

or computer laboratory, including identification signs• assistive listening system for main public assembly room• room identification signs for common areas and classrooms• visual and audible alarms in Priority 1 spaces• area of rescue assistance, if required by code, on main office and/or public assembly level



Priority 2: • coordination with the City of Berkeley for the City to provide one accessible passenger

loading zone on an accessible route to the main accessible entrance, allowing privatevehicle loading and unloading, if on City property

• re-stripe existing accessible parking spaces that do not comply with overall size or otherdetailed criteria

• re-grade and or repave existing spaces along secondary paths of travel that do not complywith slope criteria

• curb ramps on secondary path of travel• other protruding objects not in the main pedestrian route• ramps on secondary paths of travel not in compliance with current dimensional standards• ramp handrails not in compliance• stairs and handrails to primary facility entrances• open risers, non-complying nosings, handrails, stair striping• modernizing existing elevators• accessible student restrooms serving each floor or distinct area of the facility• accessible adult restrooms serving public assembly spaces such as auditoriums and

gymnasiums• one accessible drinking fountain serving each floor or major area, if any drinking

fountain is provided at that floor or area.• path of travel for other public offices• entrance and seating for all other assembly rooms, sports fields and gymnasium• seating and service counters for cafeteria• one accessible counter and workstation with sink in standard classrooms• locker room and accessible shower for each gender• assistive listening system for other assembly areas• directional signs to common use rooms• visual and audible alarms in Priority 2 spaces• area of rescue assistance, if required, serving areas to be made accessible under Priority 2



Priority 3: • other loading zones• re-stripe existing spaces that comply with overall size criteria to conform pavement

marking• other curb ramps• secondary routes connecting alternate entrances or access routes and all classrooms and

offices• ramps on secondary paths of travel• non-complying handrails• stairs providing secondary access• minor elevator-related barriers• platform lift on secondary path of travel where ramp not feasible• non-complying door alcoves• all elements for remaining classrooms• other student restrooms• other adult restrooms• other drinking fountains• other pay telephones• other play areas• service counters for other offices• service counters for secondary food service• aisle width at book shelves, card catalog• one workstation or participation area for additional specialized classrooms• path of travel to all other play areas• sign to secondary facility entrance• visual and audible alarms in priority 3 spaces• height of fire alarm pull boxes• area of rescue assistance, if provided, serving remaining areas



14. Definition of Facility Elements

Facility data and proposed accessibility improvements as described in this transition plan updatehave been separated into 24 distinct facility elements. These elements are used within thetransition plan database to help organize the survey data for each facility, and are used indiscussing proposed work in the final implementation plan. Numbers for elements are assignedin order of the way a person arriving at a site will experience the accessibility elements. Theseelements are defined below.

1. Programmatic / Service Requirements - Specific programs or services that are offered tostudents or the public that were identified in connection with surveys.

2. Passenger Loading Zone- One or more sections of curb are located at each facility forpassenger loading, usually the bus zone on the street nearest the main entrance. Passengerloading zones are usually located on City property and may not be under the control of theDistrict.

3. Curb Ramps and Crosswalks- Ramps to access sidewalks and street crossings, primarilyalong the public way (City property), though may include on-site sidewalks and drivewaycrossings.

4. Parking- One or more areas of a site specifically and exclusively identified for parking.

5. Path of Travel- Pedestrian routes from the public way through the site to each element. Thiselement includes protruding object hazards, elements accessed by stairs only, hallwaylockers, broken pavement or other irregularities that may create barriers and/or hazards.

6. Ramps- Any sloped pathway exceeding 5% grade (1 inch rise in 20 inches run).

7. Stairs- Sets of steps connecting floors or levels.

8. Elevators- Enclosed vertical conveyance between floors or levels.

9. Platform Lift- Open or semi-closed vertical conveyance made especially for wheelchairusers or people with mobility impairments to connect two levels, usually less than one story.

10. Doors- Interior or exterior doors serving public rooms or circulation areas.

11. Restrooms- Adult and student restrooms are separated for school facilities. In-classrestrooms are not included in the survey data, though should be made accessible whennecessary to serve a specific area as required by this transition plan. Faculty restrooms arenot included in the transition plan, except as necessary to serve as adult restrooms.

12. Drinking Fountains- Drinking fountains along primary or secondary paths of travel.

13. Telephone- Public pay or free-access telephones available for public use.

14. Offices and Service areas- The main school office where visitors are required to check in, aswell as other offices serving the students or visitors at the site.



15. Assembly Areas- Auditoriums, multi-purpose rooms, cafeterias, gymnasiums, and otherareas used for assembly, and assistive listening systems serving these areas.

16. Libraries- The room or area used for book shelves, card catalogs, computer, and student andcheck-out desks.

17. Laboratories & Workstations- Classrooms with special elements for specific classes, such aschemistry labs and choir rooms.

18. Locker Rooms- Areas associated with physical education, includes showers.

19. Playgrounds / Outdoor & Indoor Sports- Facilities for physical education and recreationactivities, includes permanent viewing areas.

20. Communications- Directional and identification signage.

21. Warning & Alarm- Visual and audible alarm systems.

22. Areas of Rescue Assistance- Safe areas used in conjunction with the facilities emergencyevacuation plan.

23. Electrical and Mechanical Systems- Light and electrical switches, controls, or outlets;thermostats or mechanical controls.

24. Miscellaneous.



15. Projected Implementation Schedule

The accessibility modifications described in Section 13 form the basis of the work recommendedto be performed either in the past or future under the District's transition plan update. As wasalso previously discussed, while the work required for program access is all that the transitionplan describes, additional related work may be required by regulatory authorities, such as theDivision of the State Architect (DSA), Access Compliance Section.

In order to undertake the work properly and professionally, it is recommended that the majorityof all work items included in the transition plan be designed and construction documentsprepared by licensed architects, and approved and constructed as required by DSA. Exceptionsto this recommendation would include relatively simple work, such as door closer adjustmentsand toilet accessory relocation, that the District might be able to complete by using maintenancepersonnel. For work that needs to be designed, approved and constructed under DSArequirements, it is likely that individual projects will be combined into larger projects at one ormore school sites. This will obviously take time to complete the design work and obtain theappropriate approvals. Therefore, the implementation schedule should include the required timefor such activities.

Based upon the amount of work required and the practical needs to design and construct suchwork in a professional manner, the projected implementation plan is as shown on the next page.



Projected Implementation Schedule:

Modification Work Projected Completion Date

All Priority 1 Work:High Schools: Berkeley High School: August 31, 2010 (except Community Theater) Berkeley Community Theater August 31, 2013 Alternative High School August 31, 2010Middle Schools: Longfellow Middle School August 31, 2013 M.L. King Middle School: Hopkins St. athletic facilities August 31, 2008 Gymnasium August 31, 2009 Main campus August 31, 2013 Willard Middle School August 31, 2011Elementary Schools: Arts Magnet Elementary School August 31, 2013 Cragmont Elementary School August 31, 2011 Emerson Elementary School August 31, 2013 Jefferson Elementary School August 31, 2012 John Muir Elementary School August 31, 2013 LeConte Elementary School August 31, 2013 Malcolm X Elementary School August 31, 2010 Oxford Elementary School August 31, 2012 Rosa Parks Elementary School August 31, 2010 Thousand Oaks Elementary School August 31, 2010 Washington Elementary School August 31, 2010Child Development Centers: Franklin Parent Nursery August 31, 2008 King Education Center (1810 Hopkins) August 31, 2010 M. L. King C. D. C. (1939 Ward St.) August 31, 2008 West Berkeley Childcare (West Campus) August 31, 2013Adult Education Centers: Berkeley Adult School August 31, 2010Administrative Facilities: Old City Hall and Annex August 31, 2013 Operations Center (1720 Oregon St.) August 31, 2010 Transportation Offices August 31, 2010District as Lessor Facilities: Health Center, 2131 6th St. August 31, 2009

All Priority 2 Work: No specific implementation schedule; work to be completed at time ofother major modernization or other construction within the affected area.

All Priority 3 Work: Due to minor nature of these items, no specific mitigation is included aspart of the Transition Plan Update.



16. Proposed Transition Plan Work and Costs at Each Site

This section of the transition plan update describes access modification work proposed to becompleted as part of the plan. The scope of work at each site has been based upon the detailedaccessibility surveys that are included as Section 17 of the transition plan update.

Costs given in the transition plan are budgetary only, and may vary depending on detailedstructural, electrical, or other site specific conditions. Costs have been developed using theConsultant's budgetary cost estimating system, with recommended facility modifications formingthe basis for the cost estimates. These modifications generally represent the best standard designsolution to eliminate the identified barrier. In some cases, the solution or cost may be based onspecific knowledge of the site conditions, in other cases it is based on a standard approach and/oraverage cost for that type of work. For example, the recommendation might be to install a rampor lift between levels that are currently only connected by stairs. The standard solution would beto install a ramp, and the cost assigned would be an average cost for such work. In some cases,where more specific information is available, costs are adjusted appropriately, or it may bedetermined that a platform lift or elevator would be the best and/or most cost effective solution.

Given on the next page is a summary of the budgetary construction cost estimates formodifications detailed in transition plan, grouped by priority.



Summary Chart of Proposed Transition Plan Budgetary Costs

Facility Priority 1 Priority 2 Total Costs(Pr. 1 + Pr. 2)

High Schools: 1. Berkeley High School $779,380 $1,396,855 $2,176,235 2. Alternative High School $7,700 $22,875 $30,575Middle Schools: 3. Longfellow Middle School $73,705 $131,710 $205,415 4. M. L. King Middle School $288,835 $421,890 $710,725 5. Willard Middle School $35,430 $105,735 $141,165Elementary Schools: 6. Arts Magnet Elementary School $122,815 $193,900 $316,715 7. Cragmont Elementary School $15,770 $168,710 $184,480 8. Emerson Elementary School $62,565 $272,690 $335,255 9. Jefferson Elementary School $48,440 $274,705 $323,14510. John Muir Elementary School $171,105 $373,115 $544,22011.LeConte Elementary School $154,660 $270,070 $424,73012. Malcolm X Elementary School $37,485 $66,455 $103,94013. Oxford Elementary School $38,495 $241,965 $280,46014. Rosa Parks Elementary School $36,630 $124,610 $161,24015. Thousand Oaks Elementary School $5,455 $28,405 $33,86016. Washington Elementary School $108,460 $45,745 $154,205Child Development Centers:17. Franklin Parent Nursery $67,125 $54,120 $121,24518. King Education Center (1810 Hopkins) $71,460 $43,805 $115,26519. M. L. King C. D. C. (1939 Ward St.) $92,465 $42,010 $134,475Adult Education Centers:20. Berkeley Adult School $38,420 $37,150 $75,570Administrative Facilities:21. Operations Center (1720 Oregon St.) $47,315 $50,980 $98,295District as Lessor Facilities22. Health Center (2131 6th St.) $15,625 $1,570 $17,19523. West Berkeley Childcare (West Campus) $17,415 $0 $17,415Total Costs: $2,336,760 $4,369,065 $6,705,825

Facilities not included in the TransitionPlan Update cost summary:24. West Campus Work completed only when building is occupied.25. Old City Hall & Annex Work to be undertaken by City of Berkeley.26. Transportation Offices New facility to be constructed by 8/31/10.



17. ADA / Accessibility Surveys and Scope of Work Reports

Data CollectionLogan Hopper Associates surveyed and collected data at each site from August, 2006, throughMarch, 2007, forming the basis of evaluating facilities for this transition plan update and thedetailed facility accessibility reports included on the following pages. This information wassupplemented by documents provided by the District, including construction documents forrecent construction projects, and written information about school facilities and services.

Data InterpretationThe facility data used in this transition plan update is intended to provide a baseline for planningpurposes. The required work and schematic cost estimates generated from the data should beused to determine scope of work and budgets when planning modernization or remodelingprojects. It is understood that each project to remove access barriers, as well as generalmodernization projects, will review current conditions at the site and in specific areas of work toverify the conditions and work necessary. The scope and prioritization of all required work ateach site as described in Section 15 would take precedence over detailed work items contained inthe detailed facility evaluations.

Detailed ReportsDetailed facility accessibility reports for each facility, including annotated schematic drawingsshowing the location of each item of work, are contained on a separate CD, due to the large sizeand number of documents. Each detailed report lists specific findings under each of 24 areas:

1. Programmatic and service requirements2. Passenger loading and drop-off zones3. Curb ramps and crosswalks4. Parking5. Accessible paths of travel6. Ramps7. Stairs8. Elevators9. Wheelchair lifts10. Entrances and doors11. Restrooms12. Drinking fountains13. Public telephones14. Offices and service areas15. Assembly areas16. Libraries17. Laboratories and workstations18. Shower and locker rooms19. Playgrounds; outdoor and indoor recreation20. Signs and identification21. Areas of rescue assistance22. Fire and visual alarms23. Electrical and mechanical controls24. Miscellaneous items

4.2-I


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of FacilitiesDATE: August 22, 2007SUBJECT: Maintenance and BB Update

SUMMARY AND DISCUSSIONThis report is an update of the Maintenance Department for the end of the2007 Fiscal Year and the beginning of the 2008 Fiscal Year. The reportingperiod covers April 20, 2007 through August 13, 2007. The stated goals of the2008 Annual Plan are not listed in this report, but certain areas of these goalswill be referred to as we evaluate progress in these areas. We will also continueto report on specific areas of previously approved Plans as we make progresson those goals.

COMMUNICATION/REPORTINGThe Board approved the 2008 Annual Plan. The Committee has not met sincethe Board approved that Plan. Their next scheduled meeting is September 6th,2007.

MAINTENANCESupervisory and management staffs are now directly responsible for supplypurchases to ensure greater coordination. Beginning July 1st, the newmanagers are all budget administrators and responsible for their budgets.Greg Williams is responsible for custodial purchases everywhere except theHigh School, Al Wilright is responsible for custodial purchases at the HighSchool, and Steve Collins is responsible for maintenance purchases. The HighSchool has dedicated some purchase orders for maintenance, but Steve is stillthe budget administrator of the maintenance program.

The maintenance staff has been working primarily off a comprehensive projectlist during the summer. The evening shift works on projects rather thanfocusing on one school at a time. This shift began in mid-June and willcontinue through the third week of September. The evening shift will thenreturn to a school rotation. We are finalizing a new checklist for the crew toutilize when they are assigned to a school. LeConte and Willard will be the firsttwo schools on the schedule.

Among other projects of note this summer, the maintenance department helpedin the relocation of various childcare programs and central administrativeprograms, repaired a portable at King, repaved a section of parking at BHS,refinished two stage floors, patched roofs at several sites and is improving theelevators at two sites.

4.2-I

The local fire marshal has committed to review all our school sites in the nexttwo months, but he has not yet confirmed any inspection dates.

The chair of the Maintenance Committee, the Maintenance Manager and theDirector of Facilities interviewed architect firms to assist in improving Districtmaintenance and construction standards. Approval of that firm is beingpresented on this Board Agenda.

TRAININGMaintenance and custodial personnel received training in a number of requiredsubjects, including asbestos awareness, lead awareness, hazardouscommunication and blood borne pathogens.

Required safety meetings continue to be held approximately every two weeks.Supervisor and management training is being finalized.

GROUNDSWe supplemented the grounds staff by four people this summer. We plan tohave temporary assistance of two of those four people through early November.

The arborist report is almost finalized and will be presented to the Board as aninformational item as soon as it is complete.

VEHICLES AND EQUIPMENTNo new vehicles were purchased. We did add a lift to one vehicle and havebegun to finalize the purchase of one new truck.

STAFFINGManagers 1.64 permanent

Supervisors 2 permanent

Administrative Coordinators 2.15 permanentTrade Leads 3 permanentSecurity Engineer 1 permanentMaintenance Engineers 6 permanent, 3 vacanciesTrade Specific 4 permanentMaintenance Technician 3 permanent, 1 vacancyGeneral Maintenance 2 permanentGrounds Lead Worker 2 permanentGrounds 7 permanent, 1 vacancyVehicle Mechanics 0.60 permanentSecurity Personnel 1 permanent (0.5 FTE of two positions)

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We do not detail the 5% of head custodians charged to the Measure BB Fundin the chart above.

With the exception of the grounds staff, all the vacancies are in the eveningshift. We recently had one person transfer to the High School, one decide toleave the District and a third recently passed away. The Maintenance Managerand HR are working closely to get these vacancies filled.

BUDGETThe Board approved the 2008 Plan. The Board will receive information aboutthe end of year closing at the August 22nd or September 5th Board Meeting.The Board will receive a budget update with the First Interim in December.

CUSTODIALWe added ten temporary positions for the vast majority of the summer. We didsome consolidation of the EDC program to allow the custodians to clean thesites. We held one head custodian meeting.

UTILITY REDUCTION AND MONITORINGWe are working on a solar project at Washington. A report on this project isincluded in the bond update. We received an energy audit of the WashingtonSchool which included some suggestions about a few small improvementswhich can save energy. We will integrate many of these suggestions into ourevening schedule this year.

We are participating in a program with EBMUD to reduce water usage. We willinstall a waterless urinal at the Adult School as a pilot project and arereplacing irrigation controllers at two sites with smart controllers which detectleaks and will automatically shut off. Smart controllers can also gauge localweather conditions and automatically adjust water usage.

PROPERTY MANAGEMENTWe are working with the High School to make them self sufficient in propertymanagement. We are recommending increases in the rate charged forcustodial overtime.

WASTE MANAGEMENTStaff is working on the potential cost to the District of the City’s change instaffing of the recycling program. We plan to quantify any impact within thenext month.

4.2-I

HAZARDOUS MATERIALSThe hazardous material pick ups are up to date with the exception of onecontainer at BHS. The City of Berkeley has conducted its three year re-inspection at three of the four sites which require Business Plans. They statedthat we need to document our training efforts, conduct some additionaltraining, modify our list of chemicals slightly, and label a few of our containersbetter. They finished their survey at the end of July and we are working toresolve these items.

POLICY/CODENone

FISCAL IMPACTNone

STAFF RECOMMENDATIONReceive update on the Maintenance Department and Measure BB.

4.3-I


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of FacilitiesDATE: August 22, 2007SUBJECT: Measure BB Financial Update (Unauditied Actuals FY 2007)

SUMMARY AND DISCUSSIONThis report is an update of the Maintenance Yearly Plan and BB expendituresfrom July 1, 2006 through June 30, 2007. This report is not a comprehensivelook at the activities in this fund; that more comprehensive look occurs whenthe Annual Plan is developed. The FSMOC has not met since June; this reportwill be presented to the FSMOC on September 6, 2007.

All income and expense are consistent with previous reports and are basedupon State defined object codes unless stated otherwise. This report differsslightly from the other District reports for two reasons. One is that the hourlycost of the Director of Facilities is listed on this report as a salary and benefitexpense, whereas Board reports will show this as an interfund (contract)expense. The second is that the cost to pay the City of Berkeley related to thisFund is shown as a contract expense in other Board reports, and it is shownhere as an abatement to income.

TYPE OF EXPENSE BOARD PLAN EXPENDED VARIANCESalaries/Benefits $ 3,140,000 $ 2,721,359 $ 418,641

Supplies 445,000 349,673 95,327Contracts 740,000 407,941 332,059

Equipment 50,000 19,883 30,117Indirect/Direct Cost 342,000 265,378 76,622

TOTAL $4,717,000 $3,764,234 $ 952,766

EXPENDITURES

SALARIES AND BENEFITSThe projected expenditures for salaries, benefits and overtime is $418,641 lessthan contained in the Annual Plan. In the second interim, we anticipated adrop of $343,000. The projection has decreased by an additional $75,000. Thedecrease is due to one retirement, one person who left the District, one on SDI(District charged 1/3rd of salary) and slower hiring of two vacancies.

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The salary and benefits budget includes costs for the following list ofpermanent staff positions. Please note that we list some jobs by functionalarea; we feel this provides the information in a more meaningful way. Thevacancies are as of June 30, 2007.

POSITION CURRENTLY FILLED• One Maintenance Manager, a portion of the Operations Manager and a

portion of the BHS Manager• Two supervisors• Three Lead Trades Workers• One Security Engineer• Eleven Trades personnel• Three Maintenance Technicians (one assigned to BHS)• Two General Maintenance Workers• Two Lead Gardeners• Seven Gardeners (one position assigned to BHS)• 2.15 FTE Administrative Coordinators• One FTE Security Worker (two positions of 0.5 FTE each)• Fifteen Custodian II’s (5% of each salary)• Four 0.15 FTE Vehicle Mechanics

VACANT POSITIONS• One Maintenance Technician• Two Maintenance Engineers (one assigned to BHS)• One Grounds person (approved June 27, 2007).

SUPPLIESThe expenses for supplies are $95,000 less than the projected in the 2007Annual Plan. The expenditure is exactly as predicted at the second interim.

CONTRACTED SERVICESThe planned expenditures for contracted services are $332,000 less thanprojected in the Annual Plan. In the second interim, we anticipated a drop of$302,000. The cost decreased slightly as a few planned contracts did not getcompleted by June 30th, but were completed later in the summer.

EQUIPMENTThe expenditures for maintenance equipment purchases are $30,000 less thancontained in the Annual Plan. In the second interim, we anticipated a drop of$25,000. The difference is that we determined that we did not need topurchase a trailer.

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INDIRECT/DIRECT COSTSThe indirect/direct costs are $77,000 less than planned. This is caused by twochanges. The first is that the charge in last year’s budget was overstated by$7,000. The refund of this overcharge occurs in this Fiscal Year. The secondchange is that the actual charge is based upon other actual expenses. As theexpense is projected to decrease in personnel, supplies, and contracts, thecharge to the fund decreases proportionally.

TOTAL EXPENDITURESThe changes detailed result in a $953,000 decrease of projected expensescompared to the budget contained in the 2007 Annual Plan.

TOTAL INCOMEThe 2007 Annual Plan income projection for Measure BB was $4,401,000.This was adjusted to $4,481,736 at the second interim. The current total is$4,495,375, an increase of an additional $13,639. The fourth quarter interestis not included in this total and will need to be added when it is booked to theFund.

INCOME OVER EXPENDITURESTOTAL INCOMEThe income from Measure BB is $4,495,375; $94,375 greater than initiallybudgeted.

TOTAL EXPENDITURESThe total projected expenditures have decreased by $953,000.

TOTAL INCOME OVER EXPENDITUREThe projected 2007 ending fund balance is $2,181,099, an increase of$135,082 from the Second Interim.

POLICY/CODENone.

FISCAL IMPACTNone.

STAFF RECOMMENDATIONReceive Financial Update on Measure BB.

4.4-I


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of Facilities DATE: August 22, 2007SUBJECT: Facilities Construction Plan Financial Update

BACKGROUND INFORMATIONThis report is an update of the Facilities Construction Plan approved by the Boardon March 15, 2006 and adjusted on February 7, 2007. It includes allexpenditures and income recorded in our system as of June 30, 2007, with areport date of August 10, 2007. This report is not intended as a comprehensivelook at long range financial planning; that review occurs annually.

There are a number of assumptions used to develop this report. They are:

* Total planned expenditures at a site are kept consistent with those detailedin the February 7, 2007 Report, if possible. If an active project is slightlymore expensive than originally planned, future planned expenditures willbe decreased to maintain the same total projected cost at a site. Conversely, if an active project is projected to be slightly less expensive thanplanned, future planned expenditures at a site will be increased. Specificexceptions are noted;

* The inflation budget is adjusted only as listed. There may be minoradjustments not accounted for which have not been addressed;

* Any significant modifications in a site budget will be explained in this document;

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

The remainder of this memo will define the modifications on a school orprogram basis. There are a number of differences that will exist between thisreport and the District’s unaudited actuals, but the reports have beenreconciled. Additionally, the fourth quarter interest for this Fund has not beenposted and will adjust the final amount received. This will be recognized in afuture report.

MODIFICATIONSEXPENDITURES

Washington SchoolThe planned expenses at Washington School have increased by $1,250,000. This represents the solar project approved by the Board.

4.4-I

TOTAL EXPENDITURESThe items listed above and minor rounding changes account for a $1,247,720increase in total expenditures.

INCOMEOPSC FundsThe funds from this source have increased by $758,000. This includes accruedinterest in this Fund of $8,000 and an anticipated additional receipt of$750,000 for the Washington solar project.

Other RevenueThe funds from this source have increased by $500,000. This includes arebate from PG&E of $268,000 and a loan of $232,000 to fund the Washingtonsolar project.

TOTAL INCOMEThe items listed above and minor rounding changes account for a $1,258,437increase in total income.

INCOME OVER EXPENDITURESTOTAL INCOMEThe total income has increased by $1,258,437.

TOTAL EXPENDITURESThe total expenditures have increased by $1,247,720.

TOTAL INCOME OVER EXPENDITUREThe available balance has increased by $10,717. The amount available is$2,465,855.

POLICY/CODENone.

FISCAL IMPACTAs stated.

STAFF RECOMMENDATIONReceive for information.

4.5-I


TO: Michele Lawrence, SuperintendentFROM: Lew Jones, Director of FacilitiesDATE: August 22, 2007SUBJECT: Accessibility Report

BACKGROUND INFORMATIONThe District has been under Settlement Decree concerning accessibilitysince 1989. The District is required to write a quarterly report on thissubject. Attached to this cover memo is this report from this quarter.

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

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

STAFF RECOMMENDATIONReceive the report.

4.5-I

ACCESSIBILITY QUARTERLY REPORT

FOR FISCAL YEAR 2007

REPORT ISSUED August 22, 2007

Prepared and Issued By: __________________________Lew JonesDirector of FacilitiesBerkeley Unified School District

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This is Report #71 of the Accessibility Settlement as required by StipulatedOrder No. C 88-3001-FMS of the United States District Court, NorthernDistrict of California paragraph 13 which states,

"Defendants shall furnish plaintiffs with a clear and comprehensive writtenquarterly report indicating all progress made, any anticipated orunanticipated problems or delays, the extent to which timetables are or arenot being met and any proposed amendments, deletions or additions to theaccessibility programs described in paragraphs 2 and 3, and shall providean explanation of all such proposed amendments, deletions, additions to ordeviations 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 7/1/06 – 6/30/07 October 1, 2007 August 22, 2007# 72 January 31, 2008# 73 April 30, 2008 # 74 October 1, 2008# 75 November 30, 2008

4.5-I

ACCESS IMPLEMENTATION TEAMQUARTERLY REPORT

PROGRESS

The Implementation Team did not meet since the last report. The nextTeam meeting has not been scheduled.

Included in this Report is a spreadsheet detailing project expenses (PhaseII) from July 1, 2006 through June 30, 2007. The projected project costsare based upon a percent of the total project estimate. The total expendedfor Phase II in that period is $51,872.

In keeping with previous reports, the expenditures listed do notexhaustively detail all accessibility improvements or expenditures.

Most of the accessibility work in this year occurred at King Middle School.

The District has resurveyed its sites for accessibility. A draft report isavailable for public comment.

We have initiated projects at two Child Care sites and the King track. Allthree projects will improve accessibility. The cost of improvements at theKing track will permit access from the school site to the track and it isestimated at 10% of the value of the project. The King CDC and FranklinPN project accessibility are estimated at approximately 5% of the value ofeach project.

Documents

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