June 15, 2018
Dear Berkeley Unified School District Families and Staff,
As I complete my fifth year as your superintendent, I am feeling deeply grateful to be in a caring community that is meaningfully engaged with our schools, supported by staff who work together for the benefit of all students. As this year comes to a close, I extend to you my sincere appreciation for all of the ways that you have contributed to each child’s education, supported our teachers and staff, and advocated for excellence in our schools.
I am proud of a number of efforts made this year that have already made a positive impact on teaching and learning, including the new inquiry-based English Language Arts program in our middle schools. To further strengthen our reading instruction, this week I brought to the School Board my recommendation of adding a new K-3 phonics program to the elementary school reading curriculum. I am also pleased to let you know that we have hired a new Director of Special Education, Dr. Jan Hamilton, who will work with our educational leaders to examine how we allocate our resources, and develop a plan to strengthen the capacity of our teachers and staff to provide the differentiation and specialized instruction that is needed for our students with special needs.
Even with small increases in one-time funding from the State of California, we still face the reality that compared to other states, California public schools rank near the bottom in per-pupil funding. In order to maintain the ongoing financial stability of our school district, we have had to make some difficult decisions that required some program changes and cost cutting. We were fortunate to be able to call upon a committee of union leaders, parents, teachers, community members and staff who were thoughtful partners in this effort. In late June, I will be presenting a balanced budget to the School Board for 2018-19 that will ensure the fiscal stability of our school district while remaining consistent with our priorities of furthering excellence and equity in all of our schools.
This year school communities across our nation faced the effects of tumultuous politics, and dealt with challenging problems and changing policies. We made a conscious effort to promote informed and responsible dialogue and action. I’ve been proud to see our students and staff work to make positive changes on a number of important issues, including addressing the safety of all students, protecting the rights of immigrant families, providing better support for mental health and freeing school and work environments from bullying and harassment.
We have more work to do on these and other fronts, and yet I am more convinced than ever in the power of education to bring about positive change, and in the ability of our young people to be leaders in making this world a better place. I am committed to expanding opportunities for us to listen to and learn from our students, staff and families so that we can continue to build a positive and productive path forward for us all.
Thank you for your partnership. I wish you a safe and fun summer!
Sincerely,
Donald Evans, Ed.D.
Superintendent
PS This message was also sent to our families in English and Spanish
June 5, 2018
On Thursday, June 7, all District Office staff will be working with the Berkeley Police Department for an Active Shooter Drill.
All District Office personnel will be participating, and will not have access to phones or email from 8:00 am to noon.
The entire District Office building at 2020 Bonar will be closed to the public at that time, and will reopen after the drill concludes at noon.
Thank you,
Donald Evans
June 3, 2018
Dear Colleagues,
With Election Day coming up on Tuesday, June 5, and a number of issues and candidates on the ballot which may be of particular interest, it’s important to remember that school district employees and school boards must follow California state guidelines on the use of public resources in the context of political campaigns.
There are limitations on activities during work hours, use of materials, equipment, facilities and communications channels such as e-mail, newsletters or websites. The rule of thumb is “on your own time, on your own dime!”
Here is a brief overview of some of the rules, and please note the special rules for Election Day, Question #3 below:
PUBLIC RESOURCES AND POLITICAL CAMPAIGNS
Guidelines and FAQs
Q1: What political activities are prohibited?
A: “No school district funds, services, supplies or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate” (Cal. Ed. Code §7054). For example:
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School district employees may not use school supplies, equipment or facilities, including photocopying, making signs, or posting signs on school district property to advocate for a candidate or ballot position;
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School district employees may not distribute flyers at school sites to students, parents, or other non-employees. This includes placing flyers in a classroom or other public school district spaces;
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School district employees may not use an employee email address (@berkeley.net) or the District email system to endorse particular candidates or urge passage or defeat of ballot measures. A state College professor was sued by a conservative anti-tax group because he emailed students urging them to vote yes on Prop 30 for school funding.
Q2: What political activities are permitted?
A: During school time, parent-teacher conferences, open houses, etc., the focus should remain on student learning within the context of the school curriculum. However:
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School district employees may may engage in political activity as private citizens, and recommend how to vote to others, as long as the activity does not involve the use of public resources. When doing so, board members and employees should make it clear they are acting on their own behalf and on their own time;
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School district employees may volunteer on a campaign on off-duty hours. They may distribute campaign literature as long as they do so off school / district property. School district employees may discuss endorsements and ballot measures with each other during non-duty hours (before or after school, on break time) and may post union-produced materials on union bulletin boards;
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School district employees may provide information about a ballot measure if…”the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure.” (Cal. Ed Code § 7054);
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A school district may host a public forum on candidates and/or ballot issues, as long as the forum is made available to all sides on an equitable basis. (Cal. Ed Code § 7058)
Q3: Many school district sites function as polling places. What are the special rules for Election Day (June 5)?
A: California Elections Code §319.5 prohibits the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place. Prohibited electioneering information includes, but is not limited to:
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Wearing a garment, button, etc. indicating support for a candidate or ballot measure;
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Posting or distributing political literature, posters, banners, buttons, etc.;
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Soliciting a vote or speaking to a voter on the subject of marking his or her ballot.
Those sites that are not polling places may allow individuals to wear buttons, t-shirts, etc, but remember that school/district property should not be used for electioneering.
For further details: California School Board Association Fact Sheet , as well as California Ed Code (sections § 7050-7058.
May 25, 2018
Dear Classified Employees,
The spring is marked by culminating events and meaningful celebrations of milestones reached. These milestones are not just for students. In fact, one of my favorite such annual celebrations took place earlier this month — the recognition of Berkeley Unified School District classified employees for reaching 5, 10, 15, 20, 25, and 30 year milestones of service. This year we recognized a total of 84 classified staff members who together contributed 875 years of service to our schools. In honor of Classified Employee Recognition Week, I’ve listed below the names of the employees and the years of service they have given to our school community. Please join me in recognizing them!
It is difficult to enumerate in one message the many ways that you, our classified employees, lift up our students, families, and your colleagues and ensure that our schools run smoothly each day. Whether you are a bus driver, a night custodian, a school secretary, a prep cook in nutrition services, an instructional assistant working with our highest need students, or someone we rely on each day for one of the many other important functions needed to run our school district, you are an integral part of what makes our schools great.
Working in public education has become more important than ever. In addition to our mission of providing an excellent education for all of our students, public schools have become a critical nexus for addressing a range of societal challenges and safety concerns, many of which you are called on to address in your daily work. The truth is that you play an important role in keeping our school communities safe and you know what it means to always be vigilant about our students’ safety and well-being. While I couldn’t begin to name all the ways you do this, here are just a few that come to mind:
- Earlier this year when we tested the water quality in our schools, our maintenance staff took immediate action to replace fixtures where small amounts of lead were detected.
- When recent national reports surfaced about serious illnesses caused by the contamination of romaine lettuce, our nutrition services staff immediately acted to assure families that our salad bars were not supplied with lettuce from the Arizona region of concern.
- This spring staff helped us move forward the plan to install new and safer locking mechanisms on classroom doors.
- School secretaries and other family engagement staff have stayed informed about the rights of immigrants and have worked to be sure that our immigrant families feel safe and welcome in our schools.
- School safety officers intervene on behalf of our students’ well-being each day — at one moment they work to build relationships with our students and in the next they are called to respond to an urgent safety situation on campus.
It is because of all of you, and your dedication to our students and to each other, that we are able to make safety our number one priority. On behalf of the entire Berkeley school community, I want you to know that we see the work you do each day and are very thankful that you have responded to the call of public service.
Thank you, and I wish you a long and relaxing Memorial Day Weekend!
Sincerely,
Donald Evans
List of Classified Honorees Recognized for Years of Longevity in Berkeley Unified School District
30 Years of Service
HERMELINDA GUERRERO
RITA MCINTYRE
25 Years of Service
DANIEL REAMON
ERENDIRA SANCHEZ
MILDRED SCHERR
20 Years of Service
RODERICK CARRAWAY
RAFAEL DE LA TORRE
ROSALIA TINAJERO DERODRIGUEZ
MARIAN YU
15 Years of Service
JOHN ALFORD-LEAKS, III
DONALD ARREOLA-BURL
ELEANOR BRAINERD
MARIBEL COSS PEREZ
ZAKARYA DIOUF
LETICIA GUTIERREZ
VANESSA KING
DAVID KIRWIN
SIU LAU
LOREN NAKAMURA
JUAN OCHOA
JESUS RODRIGUEZ
SUSHIL SHARMA
LEROI SUTHERLAND, SR
SHARON VERNAE
VIVIAN WIGGINS
10 Years of Service
ROQUAEL BAHAM
DERRICK BYNDLOSS
BONNIE CALABRESE
MICHAEL CAMPBELL
ROBERT CASTILLO
LEONARD COLLINS
PAULINE FOLLANSBEE
JOEL GOLDSTEIN
EDWARD HILL, JR.
BRAZIL MCINTYRE
CAROL NIEHUS
MICHELLE PAYTON
ANA RAMIREZ
LARRY REYNA JR
SYLVIA RIDDICK
CYNTHIA RIVERA
AMANDA ROBERSON
LINNETTE ROBINSON
GLENN ROBINSON
JARRETT-TORY SANDERS
SHANELL SMITH
JOHN STEWART, II
SALLY THEARD
FOROOZAN TOOFAN
FRANCISCO TORRES
5 Years of Service
MILAGROS ALIZAGA
RICHARD ANDREA
NATASHA BEERY
LORI BONKOWSKI
ARHONDA CALDWELL
FABIANA CRENSHAW
TASHI DHONDUP
RONNIE DOUGLAS
DERRICK GEER
TAKISHA GIBSON
LUWANA GREMILLION
NIRMALA LAL
JANICE LAWSON
ALVA LEUNG
JASON LEWIS
JONI LOFTIN
AMEERA LOGGINS
JANET LOPEZ
MARK MCANALLY
DANIEL MENDOZA
MARIO MICANOVIC
CAROLYN MITCHELL
SHERMAN MONTGOMERY
MARILYN NEBOLSKY
ELIZABETH O’CONNELL-GATES
JOSEPH ODUAH
JAMEILA OWENS
RENATO RAMENTO
ANANDA RICHMOND
HEIDI ROSS
HEBER SANTOS
MARDAWN WENDT
COURTNEY WILLIAMS
MARIAN WILLIS
May 4, 2018
This message just went out to our families (in English and Spanish)
We wanted you to know as well
Two weeks ago I wrote to alert you about the sexual assault of a high school-aged student which took place on April 19 on the 1500 block of Addison Street. This crime has generated significant community alarm, in addition to compassion for the victim and her family. I am writing today to let you know that the Berkeley Police Department this afternoon announced the arrest of a suspect in the case. The suspect was also linked to an assault on a UC Berkeley student on April 28, according to police.
Below please find the Police Department’s advisory issued today.
Sincerely,
Donald Evans, Ed.D
Superintendent
Friday May 4th, 2018 :: 04:35 p.m. PDTSexual Assault Suspect ArrestedOn April 19, 2018 between 11:00 and 11:30am, the victim (a lone high school-aged minor) was walking on the 1500 block of Addison Street when she was grabbed from behind. The victim said the suspect covered her mouth and pressed a gun into her side while telling her not to scream. The victim said the suspect walked her eastbound on Addison Street and into the side yard of a residence where he sexually assaulted her. After the assault, the victim sought help, BPD was notified and the investigation began.
Detectives and Officers have been diligently working on this investigation ever since. That investigation helped them to develop Alphonso Lamont McInnis, of Berkeley, as a suspect.
On April 28, 2018 at approximately 4:30am, an unknown suspect attacked a Cal Berkeley Student near the intersection of College Avenue and Channing Way. The suspect chased the victim westbound on Channing Way to the south side of the Unit 1 dormitory building where he produced a handgun, and attempted to push her off the street and in between the buildings. The victim escaped his grasp and continued running with the suspect in pursuit. A second struggle ensued at the entrance to Slottman Hall. The victim managed to escape him as she got through the front door. That struggle was captured on video and initially reported to the University of California Police Department (UCPD) as an attempted robbery. In the interest of public safety, UCPD shared that video with the community. After our Detectives reviewed the video, it became clear that McInnis was responsible for this attack as well. That video can be seen at https://youtu.be/wtqquH3A6kI
On May 3, 2018 at 2:12pm, Detectives apprehended McInnis on the 1900 block of University Avenue, in Berkeley. McInnis was booked into the Berkeley City Jail for several sexual assault charges including a parole violation. We would also like to take this opportunity to thank UCPD and the California Department of Corrections and Rehabilitation and who assisted us with this case.
Despite the arrest, we are still asking for the community’s assistance with this investigation. Anyone who lives in the area of the 1500 block of Addison Street and has surveillance cameras is asked to review their camera footage. If they witnessed the crime or have information regarding the case, they are asked to contact the Berkeley Police Sex Crimes Detail at (510) 981-5716.
Berkeley Police Department
2100 Martin Luther King Junior Way
Berkeley, CA 94704
Contact
Emergency: 9-1-1
Non-emergencies: 510-981-5900
April 20, 2018
Dear Colleagues,
This message was just sent to our families via SchoolMessenger 10 minutes ago and I wanted you to be aware of this as well.
Dear BUSD families,
The Berkeley Police Department (BPD) this afternoon released a message seeking community assistance regarding a sexual assault of a high school-aged student on Thursday morning, April 19. More information can be found in the Police Department’s advisory below.
Berkeley Police have informed us that they are adding extra patrols in the area, and we have notified all our site Principals of the BPD advisory.
If you have any information about this crime that would be of assistance to the police, please contact the Berkeley Police Sex Crimes Detail at 510-981-5716.
To receive alerts directly from BPD and other emergency service providers, you can sign up for the Nixle alert system at https://local.nixle.com/register.
Please talk to your students about being aware of their surroundings and encourage them to report any suspicious or harmful behavior to a trusted adult immediately, just as this student did.
Superintendent Donald Evans
March 30, 2018
Dear Colleagues,
Spring is an especially exciting time in our schools. For me this time of year always comes with a feeling of great satisfaction, as we witness the significant growth our students have experienced under our guidance. The rich learning environments we have been cultivating since the first day of school are now blooming into many awesome displays of our students’ brilliance and voice.
In just these past two weeks, we’ve had several elementary school plays, school libraries full of eager readers waiting to meet visiting authors, and family activities celebrating our diversity. I was blown away by the performances of our students at last week’s Black History Oratorical Fest, and our young musicians and vocalists impressed the crowd that gathered at our Annual Performing Arts Showcase this past weekend. These types of events represent the vibrancy of our public schools and the strong community engagement we enjoy.
Of course, March 14, 2018, will be a day we will always remember — I’m sure we all experienced similar feelings of pride as our young people stood up and spoke out against gun violence with the resolve of a new generation willing to chart a different course for our country. I am sure some day we will point to this youth movement as a turning point in our history, and we will quietly smile to ourselves knowing that we too were part of making it possible.
When we return from break, we will be in the middle of the César Chávez and Dolores Huerta Commemorative Period that we mark with our annual essay contest, service projects and Latino heritage celebrations. I look forward to joining our school communities for these and other events, such as science fairs and art installations, that will continue to bring us together throughout the spring.
I appreciate all that each and everyone of you do to make our schools so great and thank you for choosing to be a part of the BUSD community.
Sincerely,
Donald Evans
March 20, 2018
Dear Colleagues,
Executive Director of Facilities Timothy White will be leaving his position at the end of March, in order to return to working with the Oakland Unified School District.
During his three years with the Berkeley Unified School District, Mr. White was instrumental in shepherding the process toward the implementation of developer fees to mitigate the impact of new developments on schools. He also initiated several planning processes, including the reallocation of Measure I bond funds, and worked collaboratively with the Facilities Oversight Committee and with community members.
The process is underway to look for a new Director of Facilities. I will have short-term assistance to carry out key projects for the remainder of this fiscal year. We thank Tim White for his service and wish him well in his return to Oakland.
Donald Evans, Ed.D.
March 16, 2018
Dear Community,
We received notification today from the Alameda County Immigration Legal Education Partnership “ACILEP” about a confirmed Immigration Customs Enforcement “ICE” action in South Berkeley around 11:00 am. We know that the action was targeted, and arrests were said to be made in connection to a criminal investigation rather than deportation action.
At this point we believe that none of our BUSD families were directly affected by the action. We followed our protocol for rumored or confirmed ICE raids/sweeps and contacted Berkeley Police Department (BPD) who confirmed the action had taken place; BPD was not directly involved in the action. District staff has been in communication with site administrators about today’s event as part of our protocol guidelines.
We do not have any indication of additional activities or “sweeps” in the area; if there are new developments that affect the safety and well-being of our community, we will let you know.
We continue to work with our community partners, including ACILEP, the East Bay Sanctuary Covenant, the East Bay Community Law Center, and the Centro Legal de La Raza to support the rights of immigrant families, including the rights of all students to attend school.
Linked below is more information you can reference.
Sincerely,
Donald Evans, Ed.D.
Superintendent
________________________________________________________________
Estimada Comunidad,
El día de hoy hemos recibido la notificación de Alameda County Immigration Legal Education Partnership (Asociación de Educación Legal de Inmigración del Condado de Alameda -ACILEP por sus siglas en inglés-) acerca de una acción confirmada referente a Immigration Customs Enforcement (Servicio de Inmigración y Control de Aduanas
-ICE-) en South Berkeley alrededor de las 11:00 a.m. Sabemos que la acción fue específica, y se dijo que los arrestos se realizaron en conexión con una investigación criminal en lugar de una acción de deportación.
De momento, creemos que ninguna de nuestras familias de BUSD fueron directamente afectadas por esta acción. Seguimos nuestro protocolo para las redadas/búsquedas de ICE las confirmadas y las que solo fueron rumores y nos comunicamos con el Berkeley Police Department (Departamento de Policía de Berkeley -BPD-), quien confirmó que la acción si se había realizado; La policía de Berkeley no estuvo directamente involucrada en esta acción. El personal del distrito ha estado en comunicación con los administradores de los planteles acerca del evento de hoy como parte de nuestras pautas de protocolo.
No tenemos ninguna indicación de actividades adicionales o redadas en el área; si se presentan nuevos acontecimientos que afecten la seguridad y el bienestar de nuestra comunidad, se lo haremos saber.
Continuamos trabajando con nuestros socios comunitarios, incluyendo ACILEP, East Bay Sanctuary Covenant, East Bay Community Law Center y Centro Legal de La Raza para apoyar los derechos de las familias inmigrantes, incluidos los derechos de todos los estudiantes de asistir a la escuela.
A continuación, se encuentra más información a la que usted puede hacer referencia.
Sinceramente,
Donald Evans, Ed.D.
Superintendente
February 15, 2018
Dear Colleagues,
Our hearts are breaking, yet again, at the news of so many lives lost in a school shooting, this time in Parkland, Florida. In the midst of our shared sorrow, there is of course a great deal of concern about what can be done to prevent and respond to these repeated tragedies.
We want you to know that we were already in the midst of a review of our emergency plans, and Associate Superintendent Pasquale Scuderi will be meeting soon with the Berkeley Policy Department and key district staff to review and strengthen our protections and strategies, including our facilities protections and our armed intruder plan.
As educators, entrusted with the well-being of all our students, we are deeply concerned that our society may adapt to this kind of violence as some kind of new normal. This is not normal, and we must speak out to change policies that allow access to weapons that can cause such devastation to our communities.
We also need to remember, and remind our students, that while one individual can do great harm, there are many more people who are helpers, responders, and caregivers. At the school in Florida there were so many students, teachers and staff who shielded and comforted each other, and that circle of protection and love extends to responders and community members who will be there to help with healing. Let us hold the Parkland community and all caregivers in our hearts as we rededicate ourselves to care for each other.
Here are a few suggestions and resources for helping you and the students in your lives cope with the aftermath of this news. Some of the main points include:
- Reassure students that they are safe, that there are people who will look after them, and we have plans for emergencies.
- Have an age-appropriate discussion about who they could go to if they felt unsafe.
I hope over this weekend you will be able to spend time to restore and renew with friends and loved ones. Thank you for all you do every day to care for each other and for the children entrusted to us.
Pasquale Scuderi,
Associate Superintendent
Donald Evans, Ed.D.
Superintendent
Resources
Addressing Grief: Tips for Teachers and Administrators https://www.lacoe.edu/Portals/0/StudentServices/Addressing_Grief_Tips_for_Teachers_and_Administrators_FINAL.pdf
Helping Youth after Community Trauma: Tips for Educators https://www.lacoe.edu/Portals/0/StudentServices/helping_youth_after_community_violence_educators.pdf
Talking to Children About Violence
https://www.nasponline.org/resources-and-publications/resources/school-safety-and-crisis/talking-to-children-about-violence-tips-for-parents-and-teachers
Talking to Children after a Shooting
http://www.apa.org/helpcenter/aftermath.aspx
January 18, 2018
Responding to Rumors of Future ICE Sweeps
Dear Colleagues,
You may have heard the recent news reports that Immigration and Customs Enforcement (ICE) could be planning to conduct major “sweeps” targeting individuals and workplaces in the Bay Area. This news, along with the continued uncertainty surrounding DACA protections for childhood arrivals, and the withdrawal of temporary protected status for immigrants from El Salvador, has left many families in our community feeling vulnerable and afraid.
Let’s meet these rumors with the calm strength of being prepared and informed. We want you to know that we are working with community and civic organizations, faith communities and legal networks who provide legal, educational, emotional, spiritual and practical support to affected individuals and families. Here are some key facts for you to know:
Immigrant families have many rights, resources and supports, many of which are listed on our resource page at www.berkeleyschools.net/
Our Family Engagement Specialists, Principals, and Student Services department can help connect with resources. If a student or family member comes to you asking for advice or assistance, please refer them to these resources. You can also notify your supervisor and/or the Superintendent’s Office so that we may provide additional supports.
We do not expect ICE enforcement to be targeting schools or district workplaces. However, if that does occur, we have a specific protocol for responding to Immigration-related Law Enforcement. Your Site Administrator will respond to the agent(s) and notify Student Services and the Superintendent’s Office. We are asking Site Administrators to ensure the protocols are at every front desk.
At this point our primary concerns are the possibility of neighborhood or workplace sweeps, as well as the potential for unfounded rumors spreading fear in our community. We want you to know about the Alameda County Immigration Legal and Education Partnership (ACILEP), with a 24 hour hotline to report ICE activity at (510) 241-4011.
ACILEP can verify or refute rumors/reports and provide trained observers and legal support. We have a District protocol for rumored or confirmed ICE sweeps which begins with contacting ACILEP. If you hear a rumor, please contact ACILEP and then immediately inform Student Services at 883-5224 or 644-6316 and the Superintendent’s Office at 644-6206 or 644-8764 so that we can find out the facts of the situation and respond accordingly.
We have heard that some BUSD teachers and staff are planning to be trained as legal observers through ACILEP, and are also hearing from many of you who are doing a great deal to support students who are affected by immigration difficulties. We are grateful for all you do every day to support our community of children, families and staff.
Sincerely,
Donald Evans, Ed.D.
Superintendent
Josh Daniels
Board President
P.S. Please see below the letter we will be sending out to families, as soon as it is also translated into Spanish:
January 18, 2018
Dear Community,
You may have heard the recent news reports that Immigration and Customs Enforcement (ICE) could be planning to conduct major “sweeps” targeting individuals and workplaces in the Bay Area. This news, along with the continued uncertainty surrounding DACA protections for childhood arrivals, and the withdrawal of temporary protected status for immigrants from El Salvador, has left many families in our community feeling vulnerable and afraid.
Let’s meet these rumors with the calm strength of being prepared and informed. We want you to know that we are working with community and civic organizations, faith communities and legal networks who provide legal, educational, emotional, spiritual and practical support to affected individuals and families. Here are some key facts for you to know:
If you see or suspect ICE activity in progress, or someone you know is detained, you can call the Alameda County Immigration Legal and Education Partnership, (ACILEP) 24 hour hotline at (510) 241-4011. They can provide trained observers and legal support. We rely upon them to confirm or refute rumors of ICE activity so we can inform our community.
We have sent a reminder to all BUSD staff about our policies and procedures, so that in the unlikely event that an immigration agent comes to school, staff knows that agents must be directed to the District’s Student Services and Superintendent’s Office, and they also know that any report of ICE activity should be immediately shared with the District Office.
Immigrant families have many rights, resources and supports, many of which are listed on our resource page at www.berkeleyschools.net/
There is something everyone can do at times like this to support and empower one another. It’s very important for everyone to have a family preparedness plan, consider being an emergency caregiver for another family, and be sure to update emergency contact information and caregiver information at your school office. You can choose to be involved with one of the community organizations listed on the resource page. For example, many of our teachers and staff are planning to be trained as volunteer legal observers with ACILEP, as just one of the many ways they support our students.
We have all taken many different roads to end up here in Berkeley together. We hope that our community will demonstrate compassion, support, strength and respect for each other.
Sincerely,
Donald Evans, Ed.D.
Superintendent
Josh Daniels
Board President
October 27, 2017
Dear Colleagues,
Recently, Berkeley Unified School District (BUSD) received a request under the California Public Records Act (CPRA) from Judicial Watch for specific documents, including certain email communications between our employees. Judicial Watch describes itself as a “conservative, non-partisan educational foundation” based in Washington, D.C., that uses public record laws in furtherance of its mission. Given the nature of their request, we feel it is important to remind our community about the provisions of the CPRA as well as how we are responding to this request and why we are legally required to do so.
Under the CPRA, any member of the public may request any written document “relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” A document includes email communications. If the document relates to the public’s business – in other words, if it relates in some way to the work of the District – the CPRA requires that such a document be disclosed unless the District can identify a legal exception to doing so. For instance, there is an exception that prevents the District from disclosing most student records and most employee personnel records on privacy grounds.
California law expressly “does not allow limitations on access to a public record based upon the purpose for which the record is being requested.” As a result, court decisions have made clear that the motivation of the individual who makes a request for documents under CPRA is not a basis to reject a request, even if the request might harass the public agency or its employees.
The law is also clear that a public agency’s refusal to comply with a lawful request may result in substantial litigation costs and attorney’s fees imposed on the agency for its refusal to comply. The law states that “the court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation.” The costs of this type of litigation ultimately reduce the funds available for student education.
The CPRA law is based on the premise that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” BUSD agrees with both the spirit and the letter of this premise. As a public school system, we place paramount value on openness, responsiveness, and transparency to our community.
Under the CPRA, we have a clear legal obligation to search for communications that are potentially responsive to this request, regardless of what we think of the motives of the requester. California law does not permit a public agency from preemptively seeking a declaration in court that requested records are not subject to disclosure.
Many communications within public agencies these days are in the form of emails, and public agencies use a variety of approaches to collecting emails to review in response to CPRA requests. Both the law and BUSD’s Board Policy 4040 on Employee Use of Technology (and accompanying regulations) are clear that emails exchanged through the District’s email system are public records that may be subject to disclosure if they are responsive to a CPRA request and are not exempt from disclosure. In fact, we frequently receive PRA requests that require BUSD to disclose information about our employees, including their names, salaries, and communications related to work, and as a public agency we must disclose such information. We are not compelled to turn over information that has privacy protections or is not related to the conduct of the public’s business.
The three categories of documents Judicial Watch is requesting are written communications between January 1, 2016 to September 1, 2017 that meet the following criteria:
1. “Any and all records of communications between BUSD Superintendent and any other BUSD officials and/or staff of Martin Luther Kind [sic], Jr. Middle School mentioning ‘Felarca’, ‘Antifa’, ‘By All Means Necessary’, and /or ‘BAMN.’”
2. “Any and all records of communications between and among faculty/staff members of Martin Luther King, Jr, Middle School mentioning ‘Felarca’, ‘Antifa’, ‘By All Means Necessary’, and /or ‘BAMN.’”
3. The “personnel file of Martin Luther King, Jr. Middle School teacher Yvette Felarca.”
We have heard a concern that this request seeks information regarding employees’ political affiliations. As noted above, however, the request asks solely for communications that mention certain words, and only those communications which are “related to the conduct of the public’s business,” that is, in some way related to the work of the District. We are not compelled to turn over information that is not related to the conduct of the public’s business. We will aggressively protect the legal rights of our employees in responding to this request.
There has also been the suggestion that Judicial Watch is conducting a “witch hunt” against one of our employees with the intent to intimidate and deny free speech rights or abrogate privacy. That may be, although only that organization knows its motivation. As noted previously, however, courts have made clear that the motivation of the requestor seeking public records under the CPRA is not a basis to reject a request — no matter how upsetting the request may be, or how objectionable the motivation for the request may be.
To be clear, this request has imposed a significant burden on our District. Hundreds of hours of staff time have already been spent on this request, and we are grateful to our employees for their diligence in helping us comply with the law. We know that they would much rather be focused on the work of educating our children.
We are a relatively small district, and the volume and breadth of the PRA requests we receive poses a challenge to our ability to focus on our educational mission. If there was a legal basis for ignoring burdensome requests, we would certainly use it. There is not. Moreover, rejecting PRA requests without any legal basis would expose the District to costly litigation. Any litigation against the District — including litigation that delays the District’s lawful response to a CPRA request — can result in a significant loss in time and funds that should be devoted to directly supporting our students and staff.
Donald Evans, Ed.D, Superintendent
Ty Alper, School Board President
October 17, 2017
Dear Colleagues:
Unfortunately, today the trend toward improved air quality changed course, as wildfires continued to burn, and wind patterns shifted.
The Air Quality Management District (BAAQMD) is issuing a Health Advisory & Spare the Air Alert through Wednesday, October 18, due to the currently unpredictable air quality in the Bay Area.
We want you to know that we contacted Principals this afternoon when the air quality entered the orange “unhealthy for sensitive groups” zone to ask for reduced outdoor exposure, and then as the trend entered the red “unhealthy” zone we also moved PE classes inside and asked athletic directors to limit activity and continue to monitor conditions.
We continue to follow the guidance of the Air Quality and Outdoor Activity Guidance for Schools and consult regional and local data sources to determining the appropriate level of outdoor activity.
Thank you,
Donald Evans, Ed.D.
October 15, 2017
Dear Colleagues,
Berkeley Public Schools will be open the week of Monday, October 16.
Student activities will return to normal as the smoky air abates, with recess and P.E. returning outdoors.
We are using these Air Quality and Outdoor Activity Guidelines from the California EPA and following forecasts from Airnow.gov and the Bay Area Air Quality Management District.
The current forecast is for the air quality in Berkeley to range between green (good) and yellow (moderate) over the coming week, depending on fire containment and wind directions. The warmer temperatures Monday may be giving way to cooler and possibly rainy weather later in the week, offering much needed relief to area conditions.
Thank you for your hard work and support last week. May this coming week be much much better for all concerned.
Sincerely,
Donald Evans, Ed.D.
October 13, 2017
Dear Colleagues,
I want to thank you all for your hard work this week under challenging conditions. I know many of us are reaching our limits of coping with both the air quality and the effects of the disaster all around us.
Today I saw first-hand how hard everyone is working as I went out to schools along with my Admin Team, who did their best to offer relief and support at each site. I saw principals, vice principals and counselors holding their communities together and teachers doing a phenomenal job with delivering an engaging curriculum to kids who were still full of opinions and energy. Meanwhile there were school secretaries fielding many calls, classroom aides focusing on the needs of students, maintenance crew working on air quality issues, and managers covering for multiple absences. I recognize how fortunate we are to have staff members across the district bringing their best selves to do the work that needs to be done on behalf of all our kids. Thank you, thank you, one and all.
All Alameda County School Districts were open today (though Albany and Oakland had PD days on Friday, so students were home), and we do expect districts to be open on Monday, unless the forecast is in the “Very Unhealthy” range. In that case, we will convene my Crisis Management Team on Sunday to make a plan for school closure, and we will send a robo-call to all staff and all families.
I am so grateful to you for all that you have done, and I sincerely hope that there will be some rest and relief for all this weekend.
Sincerely,
Donald Evans, Ed.D.
October 12, 2017
Dear Colleagues,
Our district will be open tomorrow, Friday, October 13. We have discussed the situation with many parents, students, principals, teachers and staff, and taken into account advice from health and air quality experts. We felt it was important to keep our schools open as centers of learning and community, even when times are tough.
We want to thank and acknowledge you, our teachers and staff, who have been working under strenuous conditions at times, keeping children’s needs at the forefront, including managing having kids indoors for recess, helping students and stepping in with other staff who may have health challenges, and meanwhile in many cases you may be managing their own health or personal challenges related to this regional disaster.
We also want to acknowledge there is no perfect answer – closing the schools can leave students isolated and vulnerable, parents scrambling for childcare, and schedules and learning disrupted. Keeping schools open is also challenging, with students, teachers and staff trying to manage their daily lives under the constraints of the current air quality.
If students need to stay home for health-related reasons due to the air quality, parents/guardians should call to notify the school of the decision, and absences will be excused for illness. (If students are absent for more than three consecutive days, a medical note may be requested for our records, as per state attendance requirements)
If employees are feeling ill, or have a greater sensitivity to air quality, they can use their available sick leave days if they choose not to come to work and will be excused. (If employees are absent more than five consecutive days they will need a doctor’s note.) If you have a concern about your health or about the health of a student, please talk to your supervisor or principal.
We will continue to limit our student and staff exposure to the outdoor air as much as possible until the air quality improves. We will update you by noon on Sunday about the decision for Monday.
Thank you again for all you do. I will be out at the sites along with members of the admin team on Friday to do whatever we can to assist at your sites. I am grateful for your service in this challenging time for our community.
Donald Evans, Ed.D.
October 11, 2017
Dear Colleagues.
The air quality as of 4:00 p.m. is considered “unhealthy” for outdoor activities in the Berkeley area, and is worse in many areas to the north. Up to date Bay Area information can be found at the EPA site at AirNow.gov.)
The definition of the “unhealthy” level is that people with heart or lung disease, older adults, and children should avoid prolonged or heavy exertion. Everyone else should reduce prolonged or heavy exertion.
We are not planning to close schools at this time. Principals were notified today that our District Nurse advises keeping students inside during lunch and recess, with windows closed. Outdoor athletics and field trips have been canceled for now. We expect similar conditions tomorrow (Thursday). We will be sending this update to families as soon as it is translated into Spanish.
If you or a member of your family has asthma or other respiratory issues, make sure to follow your doctor’s directions, and seek care in a timely manner if symptoms worsen. If you wish to take a personal day or sick day because of health issues, or need to limit your outdoor activities, please let your supervisor know
Furthermore, a “red flag” warning has been issued by the National Weather Service for the North and East Bay hills, with highest risk around Mount Diablo, for 11 pm Wednesday evening until 5 pm Thursday.
A Red Flag Warning means that a combination of strong winds, low relative humidity, and warm temperatures can contribute to extreme fire danger.
Please be sure that you and your family and neighbors are prepared with emergency plans during this high fire risk season. Consult www.ready.gov/make-a-plan for advice. Many of your plans will also be appropriate for other disasters such as earthquakes. For information specific to Berkeley, see https://www.cityofberkeley.info/WildfireEvacuation/
Take good care of yourselves and others,
Donald Evans, Ed.D.
October 11, 2017
To all BUSD employees,
This email contains important information about the use of emails, text messages, computer files, and other records.
Berkeley USD regularly receives requests from individuals and agencies in accordance with the California Public Records Act (CPRA) for written records and communications on a wide range of topics.
Under the CPRA, the District may be required to provide written records upon request, especially if the subject matter is related in some substantive way to the conduct of the public’s business. There are some exceptions in the law, and we regularly consult with legal counsel to determine how to respond to such requests.
To be clear, this means that we may be required to release work-related emails and other records to people who request them under the CPRA.
Also, under a recent California Supreme Court ruling, it is possible that some of the public records requests could include a request for you to provide work-related messages from your personal devices.
We are reviewing the recent court decisions and best practices in this area so that the Board Policy Subcommittee, in consultation with our bargaining units, can update our policies if necessary to ensure we comply with the law and best practices. We will keep you notified of any changes. Meanwhile, if you have questions or concerns, please contact your supervisor.
We take our obligation to comply with the law very seriously. The district’s reputation and financial well-being depend on prudent, professional communications and record-keeping by all our employees, and full compliance with the California Public Records Act.
We have a Board Policy (BP 4040) which covers this topic, along with an Administrative Regulation and Acceptable Use Agreement for technology. We have linked these below for your information. Thank you for your understanding and cooperation.
Sincerely,
Donald Evans, Ed.D
Superintendent
BP 4040 Employee Use of Technology
AR 4040 Employee Use of Technology
Employee Acceptable Use Agreement for Electronic Devices and the Internet
October 10, 2017
Dear Berkeley Families and Staff,
We are following the progress of fire-fighting in the North Bay with great concern for all those affected, especially the people displaced by the fires and the first responders doing their utmost to save people, animals and property from the wildfires.
Meanwhile the smoke from the fires has caused our local air quality to worsen over the course of today, and we are expecting that tomorrow (Wednesday) the air quality may be poor. (Up to date Bay Area information can be found at AirNow.gov)
We have advised Principals to limit students’ physical activity outside, and we are advising staff to keep windows closed and consider turning off forced-air systems that bring outside air into classrooms. As conditions improve, students will be allowed outdoors.
If you or a member of your family has asthma or other lung disease, make sure to follow your doctor’s directions, and seek care in a timely manner if symptoms worsen.
Also, if you or someone you know needs assistance with housing or other needs, there is an updated list of resources at http://www.sonomavalley.com/fire.
You may want to take this moment to update your own disaster planning for fire or earthquake. You can begin by texting your zip code to 888777, which will send you local emergency notices, and then think about your plans with resources such as https://www.ready.gov/make-a-plan.
If you want to offer help, most shelters are saying they do not need donations of clothing and household goods, but may need volunteers and financial donations. Also, AirBnB has opened up their system so you can offer free housing for housing displaced people and responders.
We are all part of the extended family of the Bay Area, and I hope we can all be part of expressing our care and connection to each other.
Sincerely,
Donald Evans, Ed.D.
October 4, 2017
Good afternoon,
Berkeley USD is exploring the feasibility of building low-cost rental housing for employees of the district. If the project goes forward, it is likely that such housing would be made available to employees for a limited number of years (e.g., 5-10 years) to enable both current and future employees to benefit.
As part of this effort, Berkeley USD is administering a SURVEY to better understand the housing needs of district employees. The results will be used as part of further discussions to help BUSD decide whether to move forward with building low-cost rental housing for BUSD employees.
The SURVEY will take about 10 minutes. Required questions marked with an asterisk (*). Your responses are anonymous. You can click HERE to take the survey. The deadline is Tuesday, October 24, 2017. Thank you very much for taking the time to respond.
For more information, the School Board has discussed the issue on two occasions: Item 12.4 on March 22, 2017 and Item 15.1 on August 23, 2017.
Thank you.
Donald Evans, Ed.D.
September 28, 2017
Dear Colleagues,
This message was sent out today to all parents/guardians.
Dear Community,I am writing to share with you a statement made by our Board President Ty Alper about a recent incident at Berkeley High involving hateful behaviors on social media. I am appalled, but not surprised, to recognize how much work we still have to do. At the same time, I want you to know that I have a deep belief in the power of our young people to be a part of the solution to the problem. I am meeting with student leaders this week to partner with them in creating a series of courageous conversations and actions that lead to real change.
We can do this, together. I ask you to think about how we can support our students and each other so that we are a community that goes beyond being united against hate, towards the work of making positive, lasting, deep change that reflects respect and love for one another.
Donald Evans, Ed.D
Superintendent
Statement from Board President Ty Alper
At last night’s Berkeley School Board meeting, we heard from many of our Berkeley High students about the impact of extremely disturbing and offensive material posted by other students on social media.
The Superintendent and Board asked me to share with the community the remarks I made at the meeting.
My remarks are reprinted here:
These are fraught times, locally, nationally, and around the world. I want to say a word about what is happening at Berkeley High right now, with the caution that there are many people, including some students, who know more about the facts than I do sitting here tonight.
But I will say this: There is racism in Berkeley. There is anti-Semitism in Berkeley. There is ableism in Berkeley. There is homophobia in Berkeley. There is discrimination and prejudice and hatefulness of all kinds – in Berkeley.
We can say there is no place for hate in Berkeley. And we can do everything we know how to do to combat it and prevent it. But it is here. We can say there is no place for sexual harassment in our schools. And we can do everything we know how to do to combat it and prevent it. But it’s there. And we have as much of an obligation to support students affected by hate and discrimination and harassment as we do to try to prevent it in the first place.
We often talk about being in a bubble in Berkeley, and of course that is true to some extent. And I love Berkeley. But we’ve got racism and anti-Semitism and homophobia and ableism and prejudice of all kinds here too. That’s not news to many people in this room. Maybe it is to some.
When students go to school afraid of their peers, or knowing that they are thought less of because of the color of their skin, or because of the yarmulke they wear on their head, or because of the gender of the person they are dating, or because of a disability they have – that compromises the learning environment in a way that we have an obligation to address.
And what gives me hope that we can and will address this, and provide the support our students need, is two things: we have incredible, resilient, brilliant, brave students, and we have compassionate, talented, caring, and devoted classified staff, teachers, and administrators.
I could not be more proud of the students at Berkeley High not could I be more confident in the adults we have working alongside them.
I want to read from an email that an experienced Berkeley High teacher, Hasmig Minassian, sent the Board tonight and gave us permission to share with you all. She writes,
I will conclude by saying this: There is no playbook for how to deal with a situation like this, no template that anyone has figured out. So I urge us all to be patient with one another, even as we hold each other accountable. This is hard, complicated, uncomfortable stuff. But I do have great faith in the people of this District – students, staff, administrators, and my colleagues on the Board – and I take great comfort in that as we embark on the hard work ahead of us.
Ty Alper,
School Board President
P.S. Video of the entire meeting, including all comments made, can be accessed here: https://www.youtube.com/watch?v=DYq3sE8YdNs
September 5, 2017
Dear colleagues,
Below is a statement in English and Spanish sent today by Berkeley Unified School District Superintendent Donald Evans and School Board President Ty Alper to our families and to the news media.
Este mensaje se repite en español abajo
Dear Community,
The President’s decision to end the Deferred Action for Childhood Arrivals (DACA) program will have a profound and devastating effect on many of our students, and their families, and their friends. Even if Congress does act to protect DACA in the coming months, the President’s action has caused pain and anguish in our community and across our nation.
We want our community to know that we support the right of all students to attend school, and we do not record the immigration status of our students and families. We will continue to work with our community partners, such as the East Bay Sanctuary Covenant, the East Bay Community Law Center, and the Centro Legal de La Raza to support our undocumented students and families.
We stand with our immigrant families; they are valued members of our community, and we will protect and support them in any way that we can.
We are here for all of you. For a list of resources, please see:
https://www.berkeleyschools.net/resources-for-immigrant-families
Sincerely,
Donald Evans, Ed.D. Ty Alper
Superintendent Board President
Estimada Communidad,
La decisión del presidente de terminar con el programa Deferred Action for Childhood Arrivals (DACA) (Programa de Acción Diferida) tendrá un efecto profundo y devastaste en muchos de nuestros estudiantes, sus familias y sus amigos. Aún si en los próximos meses el Congreso actúa para proteger DACA, la acción del presidente ha causado gran dolor y angustia tanto en nuestra comunidad como a través de nuestra nación.
Deseamos que nuestra comunidad se entere de que respaldamos el derecho que tienen todos los estudiantes de asistir a la escuela y no archivamos el estado migratorio de nuestros estudiantes y sus familias. Continuaremos trabajando con nuestros aliados comunitarios, tales como East Bay Sanctuary Covenant, East Bay Community Law Center, y el Centro Legal de La Raza para respaldar a nuestros estudiantes indocumentados y a sus familias.
Nos unimos a nuestras familias emigrantes, ellas son miembros preciados de nuestra comunidad, y los protegeremos y respaldaremos de cualquier manera posible.
Aquí estamos para todos ustedes. Para una lista de recursos, por favor diríjase a:
https://www.berkeleyschools.net/resources-for-immigrant-families/espanol
Sinceramente,
Donald Evans, Ed.D. Ty Alper
Superintendente Presidente, La Mesa Directiva
August 26, 2017
Dear Staff and Teachers,
This message was just sent to our families today via School Messenger, and I wanted to share it with you as well:
Dear Community,
This weekend I’m working on a welcome back message to our community that reflects the energy and excitement with which we welcome our students back to school. Meanwhile, I also know that the plans to hold a rally in the middle of our town on Sunday carry a renewed potential for stirring up fear, anger, hurt and real trauma in our community yet again.
I want to keep our focus on education, which is one of the best antidotes to ignorance and malice. I also know that people are feeling off balance by this constant barrage of events – “what next?” is what I keep hearing. We don’t know what’s next; it seems that uncertainty is the only sure thing right now. However, we also know that we must resist the forces that would divide us. We must instead turn towards each other, and really see each other, learn about and face our history, and build our future together. Together with community partners, we are planning a number of specific actions for the fall – workshops, clinics, courageous conversations, family days and more, with the intent to further strengthen and unite our community. As always, we will keep our focus on meeting the needs of our students and on providing an excellent, enriching, equitable and engaging education for all.
One of our principals, Ardarius McDonald, in response to a question about what he was planning to do to help students and families cope with the current climate and threats, stated that he was “not deviating from the norm of opening with love, compassion, and protection.” So let’s do that, Berkeley, let’s stand not only united against hate, as the posters say around town, but also united in caring for one another. Together we can make this year a great year for our students. I’m looking forward to telling you more about our plans, and welcoming you next week.
Sincerely,
Donald Evans, Ed.D
Superintendent
P.S. Here is a great resource making the rounds among our teachers and staff. You may find some useful tools in here, including how to talk to your kids about current events, how to take positive action, and more:
https://learningpolicyinstitute.org/blog/moving-forward-charlottesville
August 25, 2017
Dear Teachers and Staff,
I’d like to offer a heartfelt “Welcome!” to the 2017-18 school year. I hope your summer was enjoyable and rewarding and that you join with me in feeling recharged and excited as we continue to advance our mission of excellence, equity, engagement and enrichment.
Next Tuesday school starts for our nearly 10,000 students, and it is going to be a great year!! Our maintenance and facilities staff have been working hard over the summer and our campuses are looking great for opening day. Behind the scenes, the Tech Department has been upgrading important systems, and is launching a new student information system, Illuminate ISI, to replace PowerSchool. Many of you return to school with new insights and an expanded set of skills honed over the summer. Together all of us — our dedicated staff, teachers, and principals — share a deep commitment to the students and families we serve. We are fortunate to be in an engaged community that stands up for public education.
Earlier this month, I hosted a management retreat in the Board Room; “Putting all the Pieces Together” was our theme for the day. We talked about how our work requires the patience and precision of putting a puzzle together. The good news is that we have all of the pieces we need and the experience and expertise to put them together.
Another metaphor I like to use is that of the 7-10 split that happens in bowling. If you bowl, you know pins 7 and 10 at the edges are the hardest to reach, especially when the ball is aimed right down the middle. What great bowlers do to reach all the pins is to change their aim and put a spin on the ball. Whether in the classroom, on the job, or in our department, we too can refine our practice and readjust our aim to reach our goals. Each of us can be asking, “How will I be adjusting my aim this year?”
As I begin my fifth year as the leader of this district, there is still more I can do to improve my aim. One commitment I am making is to spend more time at your department team meetings and in the schools to ensure that I am doing all I can to support you and our mission. We have already seen how collaboration has helped us to spread best practices and improve our systems. Working together as an effective team and in partnership with our community is essential to our success and is at the heart of why so many of our students thrive under our care, and in life beyond high school.
Berkeley is a forward thinking city. At this pivotal time in our nation, we have an important leadership role in furthering both the local and national dialogue on how public schools can best serve all students and how a community can come together to break the ugly patterns of racism and the social and economic inequities that prevent us from achieving our highest ideals.
I am feeling optimistic! I know that our community has the passion and will to lead the way. When we work and band together, we can solve even the most challenging puzzle.
Let’s go!
Sincerely,
Donald Evans