Board Audio at 6:34

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Gregory Merwin/Sara Young

Attorney – Ernest Bell

Significant Exposure to Litigation – Four Cases

IDR Case Number 20170424

IDR Case Number 20170510

IDR Case Number 20170511

IDR Case Number 20170512

(Pursuant to Government Code §54956.9(d)(2)) 

Trustees Voted 5-0-2 to approve ratification of all cases

EXHIBIT A-1 

EXHIBIT A-2

EXHIBIT A-3

EXHIBIT A-4

Board Audio at 6:58

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Gregory Merwin/Sara Young

Attorney – Ernest Bell Significant Exposure to Litigation – SIX Cases

OAH Case Number 2017020807

OAH Case Number 2017040033

OAH Case Number 2017040286

OAH Case Number 2017040476

OAH Case Number 2017040852

OAH Case Number 2017041124

(Pursuant to Government Code §54956.9(d)(1))

Trustees Voted 7-0 to approve all cases

EXHIBIT B-1

EXHIBIT B-2

EXHIBIT B-3

EXHIBIT B-4

EXHIBIT B-5

EXHIBIT B-6

Board Audio at 7:30

 C. STUDENT EXPULSIONS

Mike Beekman

Seven Cases

Case Number 2017-041

Case Number 2017-047

Case Number 2017-049

Case Number 2017-054

Case Number 2017-055

Case Number 2017-056

Case Number 2017-057

Trustees Voted 7-0 to approve expulsion in all cases

EXHIBIT C-1

EXHIBIT C-2

EXHIBIT C-3

EXHIBIT C-4

EXHIBIT C-5

EXHIBIT C-6

EXHIBIT C-7

Board Audio at 7:58 

D. LIABILITY CLAIM

Clark Hampton Significant Exposure to Litigation – One Case

Rejection of Government Claim: No. LBI 1603649

(Pursuant to Subdivision (d) of Government Code § 54956.9, Paragraph (2) or(3))

Trustees Voted 7-0 to reject Government Claim No. LBI 1603649

EXHIBIT D-1 

Board Audio at 8:08 

E. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT

Gordon Amerson Executive Director, Fiscal Services

(Pursuant to Government Code § 54957)

Trustees Voted 7-0 to appoint Matthew Krause Executive Director Fiscal Services effective August 1, 2017

Trustees Voted 7-0 to appoint Susan Keck Principal at Del Obispo Elementary effective July 24, 2017

Trustees Voted 7-0 to appoint Donald Mahoney to Assistant Superintendent, Special Education (SELPA) effective July 1, 2017

Trustees Voted 7-0 to approve new assignments for the following employees effective July 1, 2017:

Sara Young to the position of Executive Director, Alternative Dispute Resolution/Compliance  

Jim Wood to the position of Executive Director, Special Education Programs and Instruction

Wendy Poshpeshell to the position Executive Director, Integrated Support Services

The following positions were posted on the agenda. The positions announced out of closed session do not match the positions on the agenda:

EXHIBIT E-1

EXHIBIT E-2

EXHIBIT E-3

EXHIBIT E-4

Board Audio at 9:28

F. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Gordon Amerson

One Case

(Pursuant to Government Code § 54957)

Trustees Voted 7-0 to adopt Resolution #161788 release of Certificated Administrative Position for 2017-18 School Year Employee #17617.

EXHIBIT F-1

Board Audio at 9:52

G. CONFERENCE WITH LABOR NEGOTIATORS

District Negotiators: Kirsten M. Vital/Gordon Amerson/Clark Hampton

Attorney – Jonathan Pearl Employee Organizations:

1) Capistrano Unified Education Association (CUEA)

2) California School Employees Association (CSEA)

3) Teamsters

(Pursuant to Government Code § 54957.6)

No Reportable Action

EXHIBIT G-1

The current contract between CUSD and CUEA covers the period June 1, 2015 to June 30, 2017.

Article 12 of the contract requires that CUSD and CUEA meet sufficiently in advance of the term of the agreement so that there is sufficient time for a new agreement to be reached or for the resolution of an impasse.

http://www.cuea.org/contract/2015-17_Contract.pdf at page 45 

 April 13, 2016 Agenda Item #19 

Board Audio at 9:56

H. PUBLIC EMPLOYMENT AND EVALUATION OF PERFORMANCE

Superintendent

(Pursuant to Government Code § 54957(b)

No Reportable Action

EXHIBIT H-1

BLUE CARD Katie Voytusch

NO TOLL ROAD 500' FROM CUSD SCHOOLS

Resident of San Clemente wants who wants CUSD to officially oppose any toll roads through San Clemente and near any CUSD schools. 241 Toll Road is to close to homes and schools. Option 14 would put a 30 foot flyway over our sports park and through San Clemente High School.

Health Issues - Practicing Physician with very impressive resume.

The effects of living and going to school near roads and car pollution create long term health effects. 

BLUE CARD Dawn Urbanek

Learn More

San Clemente High School Upper Campus is 17.44 acres of 180' ocean view cliff top property. CUSD plans to demolish the buildings and put athletic fields on part of the lot. The District made the decision to spend $15 million on a modular building that eliminated 37 parking spots and generated no additional capacity so that they could bring all of the classrooms on the upper campus down to the lower campus. Change orders have already increased the cost of this structure to about $20 million.

What are we really getting for that money?

Trustees voted for this thinking they were getting additional capacity.

CUSD should sell this property - it is in a residential neighborhood next to a park. They could conservatively get $3 - $5 million per acre which would bring the District between $50 - $80 million dollars that could be used to fix up San Clemente High School.

As a taxpayer I would like to see our students get a well designed, thought out plan for a State of the Art High School. CUSD Staff has been arrogant in not sharing true and accurate information with Cities. If CUSD had not been so short sited and had worked with Cities like in this case the City of San Clemente, I am sure taxpayers would make every effort to raise additional revenues to make sure students have the quality of facilities they are constitutionally entitled to. 

June 7, 2017 Letter to Superintendent Vital and Trustees asking that the record be amended to reflect the truth, and that the letter be incorporated in the Board Meeting Minutes for June 7, 2017.

Click Here!

BLUE CARD Dawn Urbanek

Full Documentation for these comments can be found at: 

https://cusdwatch.com/index.php/2-uncategorised/261-june-7-2017-bot-meeting-agenda-item-1-public-hearing-2017-18-local-control-accountability-plan

Goal 1 - 25 Measurable Outcomes:

# 1: Test Scores: GOALS NOT MET

All students either made "no progress" or "declined" in 2016 except for:

ELA:

Students who "Exceeded the Standard" - they increased by 2% 

Math:

Students who "Exceeded the Standard"- they increased by 4%

Science: 

Grade 5 Students that scored "Proficient" increased by 1%

Grade 8 Students that scored "Basic" increased by 2%

#2 CLASSROOM INSTRUCTION WILL REFLECT GRADE LEVEL STANDARDS: 

GOAL NOT MET

CUSD no longer provides District funded Art- Music - Science Parents fundraise for these core educational subjects. As such CUSD cannot state with certainty that ALL students have access to instruction that aligns with California's minimum State Content Standards and Curriculum Frameworks taught by a properly credentialed teacher. CUSD needs to change it's LCAP to accurately reflect the conditions of learning at CUSD. CUSD's reliance on fundraising and donations to pay for core educational classes creates wealth based inequities that are not legal.

LCAP budgeted $706,104 and spent $752,263

#3 Goal Increase Reclassification rates by 3% GOAL NOT MET

#5 AMAO 1: Meet target AMAO 2: Meet target and increase by 3% GOALS NOT MET

#6 Increase teachers appropriately credentialed and assigned by 1%

WAS GOAL MET?

CUSD STATES GOAL WAS MET - But we have core educational classes that are paid for with donations so the curriculum is not equal across the District. 

One Example- Lobo Elementary - CRE8 Art paid for by PTA taught by Parent Volunteers - Not a credentialed art teacher as required by ED Code.

#7 Maintain 100% student access to standards-aligned instructional materials

CUSD no longer provides District funded Art- Music - Science Parents fundraise for these core educational subjects. As such CUSD cannot state with certainty that ALL students have access to instruction that aligns with California's minimum State Content Standards and Curriculum Frameworks taught by a properly credentialed teacher. CUSD needs to change it's LCAP to accurately reflect the conditions of learning at CUSD. CUSD's reliance on fundraising and donations to pay for core educational classes creates wealth based inequities that are not legal.

#8 Systematic approach for identifying at-risk students - Dibels

#9 Appropriate interventions to meet the needs of at-risk students - Voyager Passport

#10 Universal screening data will be gathered on an ongoing basis at all sites

Student Data Mining through Naviance Family with no ability for parents to opt out of the collection of personally identifiable information.

#11 Counseling support will be available for sites

#12 Decreased referrals for more restricted programs - GOAL NOT MET

#13 Decreased suspensions and expulsions - GOAL NOT MET

Main Reasons for Expulsions are:

48900(c) Possession, Use, Sale, or Furnishing a Controlled Substance, Alcohol, Intoxicant - 19 Cases

48900(h) Possession or Use of Tobacco Products - 4 Cases

48900(j) Offering Arranging or Negotiating Sale of Drug Paraphernalia - 3 Cases

48915(c) Sale of a controlled substance - 3 Cases

Main Reasons for Suspensions are:

48900(k) Disruption / Defiance - 559 Cases

48900(a)(1) Caused, Attempted or Threatened Physical Injury - 275 Cases

48900(c) Possession, Use, Sale, or Furnishing a Controlled Substance, Alcohol, Intoxicant - 198 Cases

48900(h) Possession or Use of Tobacco Products - 133 Cases

#14 Decreased special education identification- GOAL NOT MET

#15 Maintain District attendance rate of 96% or higher - GOAL MET - But attendance rate declined .06%

#16 Reduce chronic absenteeism rate by .4% GOAL NOT MET - but Chronic attendance was reduced by .18%

#17 Increase the number of students completing A-G by 3% from previous year

This data is presented in such a way as to make Charter School look like they are underperforming.

Excluding Charter Schools

2014-2015 57.3% (This number is incorrect)

2015-2016 57.5% (This number is incorrect)

A-G Completion Rates increased by .2%. 

Charter Schools: This is the total for the District including Charters not the number for just Charters

2014-2015 54.4% (This is the number for ALL High Schools)

2015-2016 54.4% (This is the number for ALL High Schools)

A-G Completion Rates No Change. 

Correct Data per Data Quest 2015-16

Correct Data per Data Quest 2014-15

Traditional High Schools: A-G 59.37% (60% complete A-G - 40% do not. 40% of these students have no option but to attend Community College or work after High School. They are not qualified to enter a 4- year college by the ned of 11th grade)

58% Aliso Niguel High School (No change 2014-15 58%)

59.8% Capistrano Valley High School (Dropped 8% 2014-15 67.8%)

57.2% Dana Hills High School (Dropped 8.1% 2014-15 65.3%)

59.5% San Clemente High School (Dropped 5.3% 2014-15 64.8%)

58.8% San Juan Hills High School (Increased 10.1% 2014-15 68.9%)

62.9% Tesoro High School (Increased .5% 2014-15 62.4%)

Alternative High Schools A-G 13.2%

0% Bridges Community Day (No change 2014-15 58%)

39.6% California Preparatory Academy

0% Junipero Sierra High

Charter Schools A-G 11.7% 

8.4% Capistrano Connections Academy Charter (K-12)

15% Opportunities for Learning (7-12) 

Not included in A-G

0 % Community Roots Academy (K-8 - No a-g rate)

Journey Charter School (K-8 - No a-g rate)

Oxford Preparatory Academy Charter School (TK-8 No a-g rate)

District Total (all schools, including Charters is 54.4%) 

#18 Increase HS graduation rate GOAL MET

*Note CUSD has the lowest graduation requirements in the State- students can pass with a "D" while most Districts require students to pass with a "C".

#19 Decrease MS and HS dropout rate

Drop Out Rates as Reported on the LCAP are incorrect.

Middle School Dropouts

2014-15 2 students 

2015-16 5 students (Error should be 9 students)

High School Dropouts

2014-15 1.4% (Error - this is the County Rate CUSD is .7%)

2015-16 1.4% (Error - this is the County Rate CUSD is .7%) 

Correct Data Per Data Quest

Source: 2014-15 

Source: 2015-16

Middle School Dropouts

2014-15 2 students

2015-16 9 students an increase of 7 students

High School Dropouts

2014-15 118

2015-16 133 an increase of 15 students

20. Continued expansion of CTE pathways to reflect high wage/high
demand industries/careers

*Note: Encouraging students CTE classes that do not meet A-G requirements may not qualify for a seat at a selective college or University. For example- students that take a CTE in place of a language will not be qualified to go to a 4 year college that does not recognize CTE classes as a replacement for the language requirement.

21. EAP results will reflect a 3% increase or identified State target over the prior year in students identified as "college ready"

Data as reported on LCAP

EAP College Ready Rate

2014-2015

41% English Language Arts

22% Math.

2015-2016

41% English Language Arts

24% Math.

Actual Data EAP 2014: https://eap2014.ets.org/ViewReport.asp

English Language Arts

Ready 42% (Ready for college by the end of 11th grade)

Conditional 16% (Will need remedial work before entering a 4- year selective university - College Boards must be taken no later than the summer before 12th Grade)

Not Ready 42% (No option but Community College or work after High School)

Math

(Must use Algebra II Results for 4- year selective University - to do well on College Boards a student must know Algebra I - Geometry - Algebra II)

Ready 3% (Ready for college by the end of 11th grade)

Conditional 18% (Will need remedial work before entering a 4- year selective university - College Boards must be taken no later than the summer before 12th Grade)

Not Ready 79% (No option but Community College or work after High School)

CUSD is changing its graduation requirements.

Current - 2 years of high school Math completion of Algebra I to graduate.

New 2020 - 3 years of high school Math completion of Algebra II to graduate.

A current student who follows CUSD's current curriculum is preparing students for work or Community College.

Testing was changed in 2015 to CAASP Test and they only show "College Math Total" 

22. Increase Advanced Placement pass rate with 3 or higher by 3% GOAL NOT MET

23. Increase number of Advanced Placement course test takers- GOAL MET

24. Annual Tech. Plan objectives will be met. 90% of GOALS MET

25. Classroom 1:1 device program will be expanded. GOAL NOT MET

Classroom 1:1 device program was maintained with the dollars utilized for refresh instead of expansion.

Chromebook Refresh $3,000,000.00  is being used to cover deficit spending Code 9780 see 2017-18 Proposed Budget Adoption page 353 of 357 of the Agenda

Millions spent on Professional Development with very poor results-

Goal 3 - 3 Measurable Outcomes - Optimize facilities for all students.

1. Standards for facility maintenance (good repair) will be met. 

CUSD pays Facility Inspection Services Incorporated to do Fit Inspections They are always marked "Good" and that is used on SACR Reports but when CUSD hired Kitchell to do a needs Assessment on Ambuhel

The Kitchell Study found that Ambuehl has facilities that violate the Williams Settlement.

The legislation implementing the Williams settlement requires that every school district provide a uniform complaint process for complaints regarding insufficient instructional materials, unsafe or unhealthy facility conditions, and teacher vacancies and mis-assignments.

The findings of Kitchell would violate the Williams Settlement requiring that the State of California would not mandate that students attend Ambuehl Elementary School if the facilities were unsafe or unhealthy.

The Kitchell study found the following which would violate the Williams settlement and gave the school a rating of POOR:

• General Buildings: Life safety, ADA, inadequate restroom quantity
• Mechanical Systems: Poor condition, end of useful life, rust, corrosion. Two
  units inoperable
• Plumbing Systems: Inoperable water heater, water fountains, calcium build up
• Electrical Systems: Switchgear & panels past useful life, lamp replacement
  difficult, added receptacles required
• Fire Alarm Systems: Panel in poor condition
• Fire Sprinkler Systems: No fire sprinkler in main building

The Associated Costs of Immediate (Williams Complaint) Repairs: $990,954.00

2. Williams Act facilities inspections will reflect compliance.

This is not true

3. Site discretionary supply accounts will return to baseline levels.

4. Planning for implementation of anti-bullying/cyber-bullying
curriculum

BLUE CARD

Dawn Urbanek

Donations $118,479

New Buz Word" School Use as Needed" any donation over $1,000 should be earmarked so that parents and taxpayers know that the money is being properly spent.

BLUE CARD

Dawn Urbanek

366952 Goodwill Industries Consulting services $4,511.00 + $14,988.50 Instructional Aid?  

There are Professional Development payments that are being described as Prepaid Expense/ Undesignated/ Districtwide for AP by the Sea and OCDE why is this undesignated. 

BLUE CARD

Dawn Urbanek

Statewide Information Systems Inc.

This Contract should be pulled there is no supporting documentation. Page 151

Townsend Public Affairs

CUSD is hiring a grant writer $48,000 ($4,000 per month. Page 152

School Facility Consultants

Consultant to help with the funding agreemnet and option to purchase Esencia school site between CUSD & RMV.

Contract $30,000

WCL Architects 

This contract should be pulled and reviewed. The supporting documentations show that this is a $734,453 dollar contract for 4 portable buildings at Crown Valley Elementary School. Has this project been approved? Supporting Documentation does not match Staff's description $72,762.00.

Koury Engineering

Knowland Construction Services

Jacqueline Kay Lugo

Capital Advisors 

Provide legislative consulting, political analysis, administrative and regulatory guidance and advocacy services Extend Contract $48,000

Opposed to this Consulting firm as they advocate against student and taxpayer rights with their positions

Orbach Huff Suarez & Henderson

Legal services with this firm increase every month now up to $450,000. CUSD is now paying this firm to limit Public Comment at the request of Lynn Hatton-Hodson.

BLUE CARD

Dawn Urbanek

Web Site

One of the top organizational issues for K-12 schools is funding. Schools receive most of their funding from the state, and many states are still feeling the repercussions from the 2009 recession. In addition, many schools have aging facilities that are in desperate need of modernization. Schools must allocate limited state funds to capital projects, day-to-day operations, technology requirements and educational programs.

There are other sources of funding for technology. E-Rate is a federal program that helps eligible K-12 schools (including public and many nonprofit schools) and libraries (public and private) to obtain discounts on telecom and information services. The recent overhaul of the program emphasizes broadband connectivity and Wi-Fi, reflecting the need to support one-to-one initiatives and blended-learning models. However, E-Rate has always been difficult to navigate, and schools should partner with technology providers who are well versed in its intricacies.

School bond initiatives require a great deal of time and resources to develop, and then face challenges at the ballot box. Once passed, however, bonds provide a huge influx of resources for facilities improvements, network upgrades and other capital investments.

Grants are an underutilized resource for schools. While schools will need to partner with a consultant and grant writer to explore the options and prepare the documentation, private grants can support new educational models, safety programs and special technology initiatives. Federal and state grants are also available.

It’s also important to remember that technology can help relieve budgetary challenges by enabling operational efficiencies and eliminating redundant systems. This allows more money to be invested in capital projects and strategic initiatives.

BLUE CARD

Dawn Urbanek

CUSD has 12 student data management systems and is spending millions on technology- but has no funding to offer core educational programs that align with minimum state content standards and curriculum frameworks.

• Illuminate Education
• Aeries (Eagle Communications)
• BrightBytes
• Cambium Learning Inc.
• Catapult Learning
• Curriculum Associates
• Edupoint Educational Systems
• Follett School Solutions Inc 
• Houghton Mifflin CO
• Naviance
• Renaissance Learning Inc
• Solution Tree Inc

BLUE CARD

Dawn Urbanek

ASB Funded Positions

Total @ $10 per unit = $88,013.50

When the minimum wage increases to $15 pee unit ASB Fees will need to increase to $132,020.25 to cover these same positions

CREDIT RECOVERY

Paid at Over-time Rate

448 hours at over-time pay. Most summer school credit recovery is CCP/Health 

TRAINING

Paid at regular pay

204.5 hours 17 employees

• 14 - Crisis Intervention Training
• 2 -CAT Training
• 1 - business software training

Attend CSEA Bargaining Session

15 hours (1 employee)

BLUE CARD

Dawn Urbanek

ASB Funded Positions

Total @ $10 per unit = $36,867.50

When the minimum wage increases to $15 pee unit ASB Fees will need to increase to $55,301.25

Training

Total $4,500

These Trainings have already happened. 

PCL Committee Meetings 10 hours X $30 = $300 (1 person)

Staff Development San Juan Elementary 80 hours X $30 = $2,400 (4 people)

Leadership Team Tijeras Creek 60 hours X $30 = $1,800 (5 people)

PRESENTATION

Dawn Urbanek

CUSD has already voted to keep CCP/Health as a requirement to graduate for another year. CUSD entered into a contract with Hobsons Naviance Family to data mine students and that contract requires final data to be presented January 2018. 

This is extremely troubling as CUSD has embedded personality testing and social-emotional testing into CCP and there is no way for parents to protect the personally identifiable data of students. Now CUSD is starting to collect "medical" information. 

This should be stopped immediately

BLUE CARD

Dawn Urbanek

Employee Compensation is almost 90% of CUSD's total budget. Contracts for 2017-18 have not been settled. How can an organization adopt a budget without knowing 90% of it's costs?

An IMPASSE should be filed. Bargaining Units should not be allowed to benefit from an "on-going contract" which gave them substantial compensation increases the past three years totaling over $120 million dollars.

Latest Bargaining:

2 Year Contract with on-going salary increases of 1.5% all members retroactive to July 1, 2016 (They already received a compensation increase for 2016-17) No increase in salary schedule for 2017 -18.
Health & Welfare Benefit Increases
Early Retirement (we just paid off the last one)

How do you give raises when you show you are deficit spending by $11.6 million?

This Budget cuts Text Books and Core Curricula Materials by 5.5% and Books and Reference Materials by 79%. 

There is no DISTRICT FUNDED core educational programs like Art, Music or Science.

Class Sizes are the highest in the State and the Nation.

Facilities have not been fixed or maintained for 15 years.

Staff to student ratios are not safe and CUSD is starting to lay off people due to budget cuts.

CUSD's proposed Budget does not include the $33.86 million dollar Esencia land purchase?

Is the real deficit $45.46 million?

BLUE CARD

Dawn Urbanek

CUSD has an $11.6 million dollar deficit and is making the following Fund Transfers to cover that:

Recovery List One-time Carryover $4,376,000.00 

*This is from Obama's American Reinvestment and Recovery Act 2009-13  

Chromebook Refresh $3,000,000.00 

Ed Division Carryover $800,000.00 

Site Gift Carryover $2,000,000.00

*This is from Donations of Funds and Equipment for individual school sites.

Total $10,176,000.00

CUSD has these accounts under Code number 9780 which is no longer a valid code.

BLUE CARD

Dawn Urbanek

LCAP GOAL 1

25 Measurable outcomes:

4 were MET

13 were NOT MET

2 were MIXED

5 were Baseline Data Collection or No Measurement

CUSD WENT OVER BUDGET $1.3 Million

$1.1 million was increased Employee Compensation for Professional Development

$49 thousand was CAPO Forward which was added to the LCAP mid-year. 

Despite Reductions in Spending of $131,202.00 for the following:

Books and Supplies: $9,901 

Medi-Cal Certificated Employees $3,000

MTS Supplies $5,000 

Dibbles Printing $3,100

Tutoring for Forster Children $3,000 (cut in half)

Professional Development $71,878

Compensation $27,154 

Naviance $69

Compensation $100 

Professional Development $8,000