February 28, 2018 CUSD BOT Meeting Agenda Item #27 High School Graduation Requirements - Trustees to vote on the elimination of CCP - Health as a stand alone class should also be eliminated... here is why.

QUESTION- If this is such a strong and necessary curriculum why is CUSD Staff going to such lengths to keep it from Parents and the Public? 

Learn more about the 7th and 8th grade Pilot and why CUSD teachers feel that this curriculum is too controversial and not age appropriate for middle school students.

Trustees are being asked to vote on the elimination of CCP at tonights board meeting - staff does not want to eliminate Health as a Stand alone class to graduate. And in fact wants to add Comprehensive Sexual Health and HIV/Aids Instruction to the 7th and 8th grade curriculum beginning 2018-19. 

Under "Local Control", PARENTS and the PUBLIC are suppose to have a large influence on curriculum in their local public schools. However, there is a push by Planned Parent Hood and a group that goes by the acronym PFLAG, formerly known as Parents, Families and Friends of Lesbians and Gays that seek to promote their political agenda in Public Schools. The goal is to have districts teach Comprehensive Sexual Health and HIV/Aids Instruction at every grade level so that school districts can collect social emotional and sexual behavioral data on students. The goal is also to make all forms of sexual behavior mainstreamed and acceptable. 

The State of California does not require districts to offer the entire curriculum promoted as "Comprehensive Sexual Health and HIV/Aids Instruction". Districts can choose to embed a minimum Health curriculum into another class such as PE or Tutorial. It is not recommended that this be embedded into Science because is will result in 10 hours less instructional time in science instruction. 

If Trustees voted to eliminate CCP and Health as a stand alone class required to graduate, students would have an entire year long block to complete A-G course requirements which are required to be accepted into a 4-year selective college or university. Currently students in CUSD are being forced to take two years of summer school because CCP/Health crowed out their schedule.

This curriculum (SSP/Health) is unique to CUSD.

What is also "unique" to CUSD is the CUSD Student Dashboard. This dashboard was put in place to collect social, emotional and sexual data on all CUSD students. This was accomplished by embedding Naviance Family into CCP, and Comprehensive Sexual Health and HIV/Aids Instruction into a stand alone Health class. When CUSD made both CCP and Health a requirement to graduate, it becomes impossible for a student to "OPT OUT", and guarantees that CUSD will have 100% participation in surveys and other exercises resulting in a complete data set.

CUSD is paid grant money to collect this data. So this curriculum decision is NOT about what is in the educational interest of students. It is a financial decision. CUSD is paid to promote a political agenda, while at the same time collecting valuable data on every student in the District and CUSD Staff intends to collect data on every child age TK - 12th grade.

Some Facts: 

California Department of Education- Frequently asked questions

Questions and answers regarding comprehensive sexual health education, HIV/AIDS and STD instruction.

Frequently Asked Questions

1. Are schools required to teach comprehensive sexual health education?

No

Schools are not required to teach sex education. Education Code (EC) Section 51931(b) defines comprehensive sexual health education as: "Education regarding human development and sexuality, including education on pregnancy, family planning, and STDs."

If schools choose to teach comprehensive sexual health education, they shall follow specific laws regarding course content and parental notification, as described below.

 

6. At what grade level is comprehensive sexual health education to be taught?

EC Section 51933 states that a school district may provide comprehensive sexual health education consisting of age-appropriate instruction in any grade from kindergarten through grade twelve. No specific topics are required to be taught in elementary grades; however, commencing in seventh grade, if comprehensive sexual health education is taught, districts shall comply with requirements outlined in EC 51933(b)(8-12).

15. Do parents and/or guardians need to be informed if their child is to receive sex education or HIV/STD instruction?

Yes

The law recognizes that while parents and guardians support the teaching of medically accurate, comprehensive sex education in schools, they [PARENTS] have the ultimate responsibility for teaching their children about human sexuality; they [PARENTS} may choose to withdraw their children from this instruction.

EC sections 51937 and 51938 explain that parents or guardians must be notified (passive consent) by the school at the beginning of the school year about planned comprehensive sexual health education and HIV/AIDS prevention education, be given an opportunity to review materials, and be given the opportunity to request in writing that their child not participate in the instruction.

In addition, to facilitate the collection of data needed by researchers to evaluate the effectiveness of sex education and other teen pregnancy prevention efforts, the law has modified the parental consent procedures governing student assessments.

WARNING- STUDENT DATA MINING 

This law permits schools to administer anonymous, voluntary, confidential, age-appropriate surveys or questionnaires in which students are asked about their health risk behavior, including sexual activities and attitudes.

Parents must be notified of any planned assessments, be given the opportunity to review the assessments and, in grades seven through twelve, and be given the opportunity to request in writing that their children not participate.

Prior to seventh grade, parents must give their active consent in order for their child to participate.

These parental notification and consent policies apply only to sexual health education, HIV/AIDS prevention education, and related assessments.

19. Does the CDE receive funding to provide statewide leadership for sex education and HIV/STD instruction?

The CDE receives a $325,000 grant from the CDC to provide limited statewide leadership for HIV/STD and teen pregnancy prevention.

20. How are districts able to pay for providing HIV/AIDS instruction and training?

WARNING- COMPENSATION FOR STUDENT DATA 

CUSD is doing this to generate revenue

Because HIV/AIDS instruction and training is mandated by EC sections 51934 and 51935, local educational agencies may submit claims to the State Controller's Office for reimbursement for costs incurred (Government Code Section 17561). See the State Controller External link opens in new window or tab. for more information. Note: This link is broken

21. What kinds of HIV/AIDS instruction costs can be reimbursed as a mandated claim?

A district may recover costs for:

  • Providing parental notification regarding HIV/AIDS instruction
  • Printing and postage for the required notification
  • In-service training
  • Developing in-service training programs and materials
  • Developing/updating curricula and materials
  • Selecting and purchasing curricula and instructional materials
  • Planning HIV/AIDS prevention instruction
  • Holding curriculum reviews for parents
  • Making alternative education activities available
  • Nonclassroom teacher costs of instructing students on HIV/AIDS prevention in mandated grade levels (includes nurses, resource teachers, consultants, and outside speakers).

23. What data sources does the CDE use to track the rate of teen births and adolescents with HIV/AIDS and other STDs?

The CDE uses STD local health jurisdiction data External link opens in new window or tab. collected and reported by the California Department of Health Services, Office of Maternal, Child and Adolescent Health, Office of AIDS, and the STD Control Branch to track teen birth rates, AIDS, HIV, and STD cases. Note: This link is broken

24. What data are collected on student sexual risk-taking behaviors?

For behavioral data, the CDE relies on the national biennial Youth Risk Behavior Survey (YRBS) External link opens in new window or tab. conducted by the CDC. Further, there are numerous Web sites that reflect current trends and research on these topics.

An optional module of the California Healthy Kids Survey External link opens in new window or tab. also allows schools to collect information on a number of health topics, including sexual behavior (pregnancy and HIV/AIDS risk). The items in this optional module are largely derived from the YRBS. Questions address sexual experience, patterns, and attitudes; pregnancy history; HIV-related risk behaviors; number of partners (a risk factor for HIV); perception of peer behavioral norms; use of contraception; alcohol and other drug use before sexual intercourse; family discussion; and exposure to HIV/AIDS education.

Questions: Coordinated School Health and Safety Office | 916-319-0914

Last Reviewed: Monday, April 3, 2017

 

Other Sources of Information:

December 14, 2017 CUSD BOT Meeting Agenda Item #33 Instructional Materials Recommended for Pilot: Secondary Sexual Health Education, Grade 7-8

Documentation of the Proposed Pilot Program provided to Trustees (Spring 2017) (Released by Trustee Reardon)

New Law: Sex Education in California Public Schools ... how far is to far?

Warning to Parents: January 24, 2018 CUSD BOT Meeting Agenda Item #35 FIRST READING BOARD POLICY 6146.1 HIGH SCHOOL GRADUATION REQUIREMENTS- CA Healthy Youth Act

Open Letter to Trustees re: Sex Education in Public School

Comprehensive Sexual Health Education in California Public Schools... Meaningful Instruction or Political Indoctrination?

Parents Call to Action: February 28, 2018 CUSD BOT Meeting Agenda Item #27 SECOND READING AND PRESENTATION- BOARD POLICY 6146.1, HIGH SCHOOL GRADUATION REQUIREMENTS

 

Comprehensive Sexual Health Education in California Public Schools... Meaningful Instruction or Political Indoctrination?

Districts are NOT REQUIRED to teach Comprehensive Sexual Health Education!

see:  California Department of Education- Frequently asked questions


Districts that "Choose" to teach this curriculum are promoting a political agenda that goes way beyond Sexual Health and HIV/AIDS instruction.


Parents in Districts that "Choose" to Teach this curriculum can OPT their children OUT of this "ABERRANT" curriculum.

 

"Think Sex Ed Is All About The “Facts of Life”? Think Again. If you think sex education is still about the birds and the bees, think again. And it's not about science either. In her shocking exposé, You're Teaching My Child What?, Dr. Miriam Grossman rips back the curtain on sex education today, exposing a sordid truth. Today's sex ed programs aren't based on science; they're based on liberal lies and politically correct propaganda that promote the illusion that children (yes, children) can be sexually free without risk. As a psychiatrist and expert on sexual education, Dr. Grossman cites example after example of schools and organizations whitewashing—or omitting altogether— crucial information that doesn't fit in with their "PC" agenda. Instead, sex educators only tell teens the "facts of life" that promote acceptance, sexual exploration, and experimentation.

What sex educators call an education, scientists would call a scam:

• Sex educators won't tell girls their bodies are biologically and chemically more susceptible to STDs; they will only say 3 million girls have a sexually transmitted infection

• Educators say it's natural for children to "explore" their sexuality from a young age and only they can decide when it's right to have sex—the real truth is neurobiologists say teen brains are not developed to fully reason and weigh consequences, especially in "the heat of the moment"

• Teens are told condoms, vaccines and yearly testing provide adequate protection, without being told that studies now show condoms are no match for herpes, HPV and gonorrhea

In You're Teaching My Child What?, Dr. Grossman reveals biological truths that you won't find in today's classrooms. You're Teaching My Child What? is critical reading for parents with teens and instrumental in teaching children the truth about sex." 

CUSD is planning to teach the "Teen Talk" curriculum in grades 7 and 8

Health Connected: Teen Talk

 

What will students be taught? 

Its' all about embracing the Gender Spectrum...

According to the California Teachers' Association Magazine (California Educator) in the article "Embracing the Gender Spectrum" (March 2017, Vol 21, Issue 6, p. 21) , genders can fall in MULTIPLE CATEGORIES... (Gender Expansive) 

The "Genderbread Man" as introduced below:

 

 

 

WHAT IS THE CALIFORNIA LAW?

California Department of Education

Comprehensive Sexual Health & HIV/AIDS Instruction

Information on comprehensive sexual health education and HIV/AIDS/STD prevention; includes legal requirements for education in these areas and additional resources for quality instructional programs.


Enacted January 1, 2016, this law integrates the instruction of comprehensive sexual health education and HIV prevention education. The bill renamed the California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act to the California Healthy Youth Act. The bill requires school districts to ensure that all pupils in grades seven to twelve, inclusive, receive comprehensive sexual health education and HIV prevention education.

California Healthy Youth Act

The California Healthy Youth Act, Education Code (EC) sections 51930-51939, has five primary purposes:

  • To provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and from unintended pregnancy;
  • To provide pupils with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family;
  • To promote understanding of sexuality as a normal part of human development;
  • To ensure pupils receive integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction and provide educators with clear tools and guidance to accomplish that end;
  • To provide pupils with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors

These sections of the EC address both comprehensive sexual health education and HIV prevention education. The law requires that both comprehensive sexual health and HIV prevention education are taught once in middle school and once in high school.

A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade seven using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade seven may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (51934(1) to (10), inclusive, of subdivision (a).

“Comprehensive sexual health education” means education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections (EC 51931).

“HIV prevention education” means instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS (EC51931).

Abstinence from sexual activity and injection drug use shall be taught within the context of comprehensive sexual health and HIV prevention education (EC 51934 (3), however, abstinence-only education is not permitted in California public schools.

The following do not qualify as comprehensive sexual health or HIV prevention education, and therefore, are not subject to the same rules that govern comprehensive sexual health and HIV prevention education (EC 51932):

This chapter does not apply to description or illustration of human reproductive organs that may appear in a textbook, adopted pursuant to law, if the textbook does not include other elements of comprehensive sexual health education or HIV prevention education as defined in EC Section 51931

This chapter does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions.

 

Comprehensive Sexual Health Education 
Provides information concerning authorized comprehensive sexual health education (EC 51933).

Comprehensive Sexual Health Education

Provides information concerning authorized comprehensive sexual health education.


California Education Code (EC) 51933 specifies that school districts are not required to provide comprehensive sexual health education, but if they choose to do so, they shall comply with all of the requirements listed below.

Comprehensive sexual health education instruction shall be age-appropriate and bias-free, and all factual information shall be medically accurate and objective. Instruction shall be appropriate for students of all genders, sexual orientations, and ethnic and cultural backgrounds, and it shall be accessible for English language learner students and students with disabilities. Instruction shall encourage communication between students and their families and shall teach respect for marriage and committed relationships.

In addition, in grades seven to twelve, instruction shall include all of the following: information about the value of abstinence; information about sexually transmitted diseases (STDs), including all Federal Drug Administration (FDA)-approved methods of reducing the risk of contracting STDs; information about all FDA-approved methods of contraception, including emergency contraception; information about California’s newborn abandonment law (Safe Surrender Law EC 51933 [12]) and California Penal Code 271.5 and skills for making responsible decisions about sexuality.

Questions: Coordinated School Health and Safety Office | 916-319-0914

Last Reviewed: Wednesday, April 5, 2017 PARENTS CALL - ASK THEM YOURSELF

 

California Department of Education- Frequently asked questions

Frequently Asked Questions

Questions and answers regarding comprehensive sexual health education, HIV/AIDS and STD instruction.


1. Are schools required to teach comprehensive sexual health education?

No

Schools are not required to teach sex education. Education Code (EC) Section 51931(b) defines comprehensive sexual health education as: "Education regarding human development and sexuality, including education on pregnancy, family planning, and STDs."

If schools choose to teach comprehensive sexual health education, they shall follow specific laws regarding course content and parental notification, as described below.

2. Are schools required to teach HIV/AIDS prevention education?

Yes

Since 1992, California public schools have been required to teach HIV/AIDS prevention education at least once in middle school and once in high school. EC Section 51931(d) defines HIV/AIDS prevention education as: “Instruction on the nature of HIV/AIDS, methods of transmission, strategies to reduce the risk of human immunodeficiency virus (HIV) infection, and social and public health issues related to HIV/AIDS.”

3. How many schools provide comprehensive sexual health education, even though it is not mandated?

According to Sex Education in California Public Schools External link opens in new window or tab. (PDF) (survey conducted PB Consulting, 2003), 96 percent of California school districts provide comprehensive sexual health education.

4. If schools do provide comprehensive sexual health education, what must it include?

EC Section 51933 requires that comprehensive sexual health education shall be age appropriate; medically accurate and objective; available on an equal basis to English language learners; appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds; and appropriate for and accessible to pupils with disabilities. This education shall encourage students to communicate with their parents or guardians about human sexuality and shall also teach respect for marriage and committed relationships. It shall not teach or promote religious doctrine nor reflect or promote bias against any person on the basis of any category protected by the non-discrimination policy codified in EC Section 220.

In accordance with EC Section 51933, in grades seven through twelve sex education classes shall also teach about:

  • abstinence from sexual activity
  • STDs, including their transmission, treatment, and prevention and information about the effectiveness and safety of all Food and Drug Administration (FDA) approved methods reducing the risk of contracting STDs
  • the effectiveness and safety of all contraceptive methods approved by the FDA
  • the California law allowing parents to surrender newborn babies to hospitals or other designated sites without legal penalty.

In grades seven through twelve, sex education classes shall also provide students with skills for making and implementing responsible decisions about sexuality. All of the above topics may also be included in classes taught prior to seventh grade.

5. What must be included in HIV/AIDS prevention instruction?

EC Section 51934 requires that HIV/AIDS prevention education shall align with the general criteria governing comprehensive sexual health education. Specifically, HIV/AIDS prevention education shall be:

  • age appropriate
  • medically accurate and objective
  • available on an equal basis to English language learners
  • appropriate for use with pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds
  • appropriate for and accessible to pupils with disabilities.

This education shall encourage students to communicate with their parents or guardians about human sexuality. It may not teach or promote religious doctrine nor reflect or promote bias against any person on the basis of any category protected by the non-discrimination policy codified in EC Section 220.

In accordance with EC Section 51934, HIV/AIDS prevention instruction shall provide information on:

  • the nature of HIV/AIDS and its effects on the body
  • HIV transmission
  • methods to reduce the risk of HIV infection, including both abstinence and condoms
  • public health issues associated with HIV/AIDS (such as the role of STDs in increasing risk of HIV transmission and HIV infection).

Classes shall also provide information on local resources for HIV testing and medical care; shall assist students in developing refusal and decision-making skills; and shall include discussion about societal views on HIV/AIDS, including stereotypes and myths regarding people living with AIDS. This instruction shall emphasize compassion for people living with AIDS.

6. At what grade level is comprehensive sexual health education to be taught?

EC Section 51933 states that a school district may provide comprehensive sexual health education consisting of age-appropriate instruction in any grade from kindergarten through grade twelve. No specific topics are required to be taught in elementary grades; however, commencing in seventh grade, if comprehensive sexual health education is taught, districts shall comply with requirements outlined in EC 51933(b)(8-12).

7. At what grade level is HIV/AIDS education to be taught?

EC Section 51934 states that all pupils in grades seven through twelve shall receive HIV/AIDS prevention education at least once in junior high or middle school and at least once in high school.

8. What curricula are used for comprehensive sexual health education and HIV prevention instruction?

Selection of curricula is decided by local school districts and school boards. These curricula shall be research-based, medically and factually accurate, and otherwise in compliance with EC requirements. The CDE recommends that local educational agencies (LEAs) go to California Healthy Kids Resource Center (CHKRC) External link opens in new window or tab. to view curricula and instructional materials that have been evaluated by a Materials Review Board. NOTE: This link is broken

9. What does the EC say about abstinence?

EC Section 51933 requires that instruction and materials: teach that abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy; teach that abstinence from sexual activity is the only certain way to prevent STDs; and provide information about the importance of abstinence while also providing medically accurate information on other methods of preventing pregnancy and STDs.

10. May California public schools provide abstinence-only education?

No. EC Section 51933, prohibits “abstinence-only” education, in which information about preventing pregnancy and STDs is limited to instruction on abstinence from sexual activity.

EC Section 51933 requires that classes that provide instruction on human development and sexuality in grades seven through twelve shall include medically accurate, up-to-date information about all FDA-approved methods for: 1) reducing the risk of contracting STDs, and 2) preventing pregnancy. Classes that provide instruction on HIV/AIDS prevention shall include medically accurate, up-to-date information on methods to reduce the risk of HIV infection, including the effectiveness rates of condoms and other contraceptives.

Instruction that emphasizes the benefits of abstinence while focusing exclusively on the failure rates or perceived disadvantages of condoms and other contraceptives is also prohibited by law. This would violate legal requirements that the instruction cover the effectiveness and safety (not solely the ineffectiveness) of condoms and other contraceptive methods and would also violate requirements that the instruction be medically accurate and objective.

11. What determines whether the facts taught are medically accurate?

As defined in EC Section 51931(f), instruction is medically accurate if it is verified or supported by research conducted in compliance with scientific methods and published in peer reviewed journals and recognized as accurate and objective by agencies with expertise in the field, such as the Centers for Disease Control and Prevention (CDC), the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists.

Further, EC Section 51934 (b) states that medically accurate information may also be obtained from the United States Surgeon General and the National Academy of Sciences.

12. What does the EC say about providing sex education and HIV/STD instruction to students who may be lesbian, gay, bisexual, or transgendered?

EC sections 51933(b)(4) and 51934(b) require that instruction be appropriate for use with students of all sexual orientations and clearly states that part of the intent of the law is "to encourage a pupil to develop healthy attitudes concerning adolescent growth and development, body image, gender roles, sexual orientation, dating, marriage, and family." The law prohibits sex education classes from teaching or promoting religious doctrine and from promoting bias against anyone on the basis of any category protected by the state's school nondiscrimination policy, EC Section 220, which includes actual or perceived gender and sexual orientation.

All comprehensive sexual health education and HIV instruction, including topics such as sexual development, dating, family, and protection from STDs and pregnancy, must encompass the experiences of gay, lesbian, and bisexual students as well as those of their heterosexual classmates.

13. What does the EC say about providing sex education and HIV/STD instruction to students with disabilities?

EC sections 51933(b)(4)(5) and 51934(b) require that instruction and materials are appropriate for use with pupils with disabilities and are accessible to them. This includes, but is not limited to, “the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids.”

14. What does the EC say about providing sex education and HIV/STD instruction to students who are English learners?

EC sections 51933(b)(3) and 51934(b) require that instruction be made available on an equal basis to pupils who are English learners, whether they are placed in English immersion classes or alternative bilingual education classes. The instruction they receive must be consistent with the existing sex education curriculum.

In addition, the law requires that sexual health education classes be appropriate for use with students of all races and ethnic and cultural backgrounds.

15. Do parents and/or guardians need to be informed if their child is to receive sex education or HIV/STD instruction?

Yes

The law recognizes that while parents and guardians support the teaching of medically accurate, comprehensive sex education in schools, they [PARENTS] have the ultimate responsibility for teaching their children about human sexuality; they [PARENTS} may choose to withdraw their children from this instruction.

EC sections 51937 and 51938 explain that parents or guardians must be notified (passive consent) by the school at the beginning of the school year about planned comprehensive sexual health education and HIV/AIDS prevention education, be given an opportunity to review materials, and be given the opportunity to request in writing that their child not participate in the instruction.

In addition, to facilitate the collection of data needed by researchers to evaluate the effectiveness of sex education and other teen pregnancy prevention efforts, the law has modified the parental consent procedures governing student assessments.

WARNING- STUDENT DATA MINING 

This law permits schools to administer anonymous, voluntary, confidential, age-appropriate surveys or questionnaires in which students are asked about their health risk behavior, including sexual activities and attitudes.

Parents must be notified of any planned assessments, be given the opportunity to review the assessments and, in grades seven through twelve, and be given the opportunity to request in writing that their children not participate.

Prior to seventh grade, parents must give their active consent in order for their child to participate.

These parental notification and consent policies apply only to sexual health education, HIV/AIDS prevention education, and related assessments.

16. Does the law permit the use of outside speakers to deliver sex education or HIV/STD instruction?

Yes. According to EC sections 51933 and 51934, schools may enter into agreements with outside agencies with expertise to provide comprehensive sexual health and/or HIV/STD prevention education, or to provide training to school personnel. Instruction provided by outside instructors shall comply with the same requirements as instruction provided by teachers employed by the school district.

17. Does the law require teachers providing sex education and HIV/STD instruction to be trained?

Yes. Mandated HIV/AIDS prevention education shall be taught by instructors trained in the appropriate courses. If school districts choose to teach comprehensive sexual health education, this subject shall also be taught by instructors trained in the appropriate courses. EC Section 51931(e) defines “instructors trained in the appropriate courses” as: “instructors with knowledge of the most recent medically accurate research on human sexuality, pregnancy, and STDs.”

In addition, school districts shall provide periodic training to teachers providing HIV/AIDS prevention education to enable them to learn about new developments in the scientific understanding of HIV/AIDS. Teachers with a demonstrated expertise in the field or who have received training from the CDE or the CDC need not receive additional training from their district. School districts may expand the training they provide to include the topic of comprehensive sexual health education.

18. Who typically provides sex education and HIV/STD instruction?

Individuals assigned to provide sex education and HIV/STD instruction are selected locally and typically include regular classroom teachers, health education teachers, school nurses, and trainers from community-based organizations, such as the American Red Cross, Planned Parenthood, local health departments, and AIDS service agencies.

19. Does the CDE receive funding to provide statewide leadership for sex education and HIV/STD instruction?

The CDE receives a $325,000 grant from the CDC to provide limited statewide leadership for HIV/STD and teen pregnancy prevention.

20. How are districts able to pay for providing HIV/AIDS instruction and training?

WARNING- COMPENSATION FOR STUDENT DATA 

CUSD is doing this to generate revenue

Because HIV/AIDS instruction and training is mandated by EC sections 51934 and 51935, local educational agencies may submit claims to the State Controller's Office for reimbursement for costs incurred (Government Code Section 17561). See the State Controller External link opens in new window or tab. for more information. Note: This link is broken

21. What kinds of HIV/AIDS instruction costs can be reimbursed as a mandated claim?

A district may recover costs for:

  • Providing parental notification regarding HIV/AIDS instruction
  • Printing and postage for the required notification
  • In-service training
  • Developing in-service training programs and materials
  • Developing/updating curricula and materials
  • Selecting and purchasing curricula and instructional materials
  • Planning HIV/AIDS prevention instruction
  • Holding curriculum reviews for parents
  • Making alternative education activities available
  • Nonclassroom teacher costs of instructing students on HIV/AIDS prevention in mandated grade levels (includes nurses, resource teachers, consultants, and outside speakers).

22. How does the CDE ensure that schools are complying with the EC for HIV/AIDS instruction and teacher training?

Because schools serving students in grades seven through twelve are required to provide HIV/AIDS instruction and train teachers providing that instruction, the HIV/AIDS program is included in the CDE's Compliance Monitoring process.

23. What data sources does the CDE use to track the rate of teen births and adolescents with HIV/AIDS and other STDs?

The CDE uses STD local health jurisdiction data External link opens in new window or tab. collected and reported by the California Department of Health Services, Office of Maternal, Child and Adolescent Health, Office of AIDS, and the STD Control Branch to track teen birth rates, AIDS, HIV, and STD cases. Note: This link is broken

24. What data are collected on student sexual risk-taking behaviors?

For behavioral data, the CDE relies on the national biennial Youth Risk Behavior Survey (YRBS) External link opens in new window or tab. conducted by the CDC. Further, there are numerous Web sites that reflect current trends and research on these topics.

An optional module of the California Healthy Kids Survey External link opens in new window or tab. also allows schools to collect information on a number of health topics, including sexual behavior (pregnancy and HIV/AIDS risk). The items in this optional module are largely derived from the YRBS. Questions address sexual experience, patterns, and attitudes; pregnancy history; HIV-related risk behaviors; number of partners (a risk factor for HIV); perception of peer behavioral norms; use of contraception; alcohol and other drug use before sexual intercourse; family discussion; and exposure to HIV/AIDS education.

Questions: Coordinated School Health and Safety Office | 916-319-0914

Last Reviewed: Monday, April 3, 2017

HIV Prevention Education
 Provides information concerning mandated HIV prevention education (EC 51934).


HIV Prevention Education

Note: This link is broken

 

California Healthy Youth Act PowerPoint Presentation
 Provides information regarding new laws for comprehensive sexual health education and HIV prevention education.


California Healthy Youth  Act PowerPoint Presentation

Note: this link is broken

 

Sexual Health Education Accountability Act
 Provides information on the requirements of the Sexual Health Education Accountability Act.


Sexual Health EducationAccountability Act 

The Sexual Health Education Accountability Act (SHEAA), Health and Safety Code 15100 - 151003  requires any state-funded, community-based sexual health education program that provides education to prevent adolescent or unintended pregnancy or to prevent sexually transmitted infections to meet specific requirements. SHEAA requires state funds for community–based sexual health education programs to be spent on programs that are medically accurate, appropriate for the priority population and comprehensive. This applies to all state-funded community based programs that provide education to prevent teen pregnancy or unintended pregnancy and prevention of sexually transmitted diseases, including HIV/AIDS. This would apply to the Community Challenge Grant (CCG) program because CCG primarily funds comprehensive sexual health education strategies, many of which are conducted in California’s public schools.

SHEAA requires programs providing education in public schools to state how their instruction fits into the school's overall plan to comply fully with EC 51930 – 51939. SHEAA authorizes the funding agency to terminate a grant if the funded program is not in compliance with legal requirements.

SHEAA sets forth basic standards for community-based sexual health education programs:

  • All information must be medically accurate, current and objective.
  • Presenters shall know and use the most current scientific data on human sexuality, human development, pregnancy, and sexually transmitted diseases.
  • Program must be age appropriate for its priority population’s age, culture, and language.
  • Program may not teach or promote religious doctrine.
  • Program may not promote or reflect bias against any person (as defined in Section 422.56 of the Penal Code) on the basis of:Disability
    • Gender
    • Nationality
    • Race or Ethnicity
    • Religion
    • Sexual Orientation

A sexual health education program conducted by an outside agency, such as a community-based organization (CBO) at a publicly funded school, shall comply with the requirements of Section 51934 of the EC if the program address HIV/AIDS and shall comply with Section 51933 of the EC if the program address pregnancy prevention and sexually transmitted diseases other than HIV/AIDS.

If the sexual health education program is conducted by an outside agency, such as a CBO, at a publicly funded school, the CBO shall indicate in writing how the program fits into the school’s plan to comply fully with the California EC 51930 - 51939.

Questions:   Coordinated School Health and Safety Office | 916-319-0914

Last Reviewed: Thursday, April 6, 2017 

 

California Public Schools continue to decline. In CUSD the academic performance of students across all demographics is declining. Should valuable instruction time be used for this curriculum?

Quality Counts: Education Week Resource Center

 

Capistrano Unified School District to Sale Surplus Property above Niguel Hills Middle School - Warning to Trustees

RESOLUTION NO. 1718-02

The Niguel Hills Middle School Site is made of two separate parcels:

637-181-01 The large lower campus

and

637-412-02 The Small upper campus which is currently used as storage for a car company. This is the parcel that is up for sale. 

It appears that this property is NOT a single parcel - part of the land that is to be sold is on the main campus of Niguel Hills Middle School.

Did Staff legally split the lot? YES But CUSD never recorded the Deed. Can CUSD sell this property "AS IS" without the Deed being properly recorded?

On September 3, 2017 a Complaint was filed with the District Attorney:

Re: Concern that CUSD Deputy Superintendent, Business and Support Services Clark Hampton is selling a property in Laguna Niguel without full disclosure to Trustees and without following the proper legal process.

Request that the District Attorney review CUSD's actions to insure that there is no Fraudulent Land Sales, the Gifting of Public Assets, or the Wasting of Public Assets.

Allegation #3:

At the July 26, 2017 BOT meeting, Agenda Item #29 page 640, Trustees ratified a 2006 Declaration of Surplus Property authorizing the sale to PUBLIC ENTITIES

When Clark presented this item to the Board he stated on the record that, "offers for this property had already been received". 

"If this is approved Staff will move forward with an RFP to sell the Property outright".

This property was valued at $6 million dollars in 2007. CUSD already had offers in July 2017. 

Trustee have a fiduciary duty to students and taxpayers. In the past delegating authority for Clark Hampton and Kristen Vital has always resulted in buying high and selling low such resulting in a gifting of taxpayer assets to rich development companies like the Ranch. Some examples:

CUSD gifted $13 million dollars to RMV by agreeing to value the Esencia School site as if it had entitlements to build 100 homes. CUSD paid $3.4 million per acer for the school site. The Purchase was approved on the Consent Calendar without a price.

CUSD has spent almost $400,000 trying to change the zoning on the Pacifica San Juan property so that CUSD could partner with a developer to build high density low income housing in a single family neighborhood.

CUSD is doing the same with the Paseo de Colinas property.

CUSD is illegally spending 1/2 million in Mello Roos taxpayer money to demolish the upper campus at San Clemente High School where a proposed toll road will go.

Staff is recommending that the Board "delegate authority to Clark Hampton, Deputy Superintendent, Business and Support Services, or a designee, to execute the final Purchase and Sale Agreement with the highest bidder."

Trsutees need to hire a real estate broker to represent the interests of Taxpayers. Clark Hampton is not qualified to represent taxpayers in Real Estate matters. This is another example of collusion between Mr. hampton and local real estate developers. This is not an arms length deal. Trustees have an obligation to get the highest and best price for this land. 

 

 

 

at page 1 and 2 

2. Description of the Approved Project

The proposed Chiquita Canyon High School is approximately 40 acres in size and is located at the southwest corner of the future intersection of Oso Parkway and the Foothill Transportation Corridor in Rancho Mission Viejo. The Chiquita High School site is centrally located between the future Las Flores Planned Community and the Coto de Caza Specific Plan area and northeast of the Ladera Planned Community development. No district high school exists east of Mission Viejo for the development planned in Las Flores, Wagon I Wheel Canyon, Rancho Santa Margarita, Coto de Caza and Ladera. The site has been arranged in a longitudinal fashion to take advantage of the canyon characteristics and to avoid as much as possible disturbance of coastal sage scrub communities in the vicinity. The site will be accessed by a local access road located off of Oso Parkway.

The site will feature approximately 200,000 square feet and 85 teaching classrooms, with a permanent capacity for approximately 2,200 students. The permanent capacity of 2,200 students is the total number of students which can be accommodated in the permanent school buildings. However, the design capacity for the proposed project is approximately 3,100 students. The design capacity includes placement of portable classrooms (approximately 30 classrooms in total with 30 students each classroom). The design capacity allows for fluctuations in student population. The portable classrooms would be placed within the project site in areas identified as physical education turf fields.

 The academic building will house classrooms, a library/media center and administration offices. A second building will provide technology and science classrooms and a third building will include a gymnasium which will seat 2,500. The proposed high school will also include a theater, a student commons and food services. Additionally, a pool, a stadium accommodating 4,000 persons, and (baseball diamonds and turf) fields and tennis courts will be provided. Associated parking for buses, staff and students is also proposed, for a total of 800 parking stalls.
 
 
SOILS AND GEOLOGY
 
at page 13

Groundwater is not expected to be a major factor in the proposed grading except where excavations are to be made below the natural stream course of Canada Chiquita. The need for dewatering programs should be considered in planning any extensive excavations in these areas.

at page 14

The following mitigation measures will reduce and/or eliminate significant impacts to soils and geology to a less than significant level.

Mitigation Measure 1. Prior to the commencement of grading activities the District shall cause to be prepared final project design plans which shall include design components such as reconstruction of the existing drainage control structure (culvert) under Oso Parkway, surface drainage devices, subdrains, backdrains and temporary sumps/pumps (during construction), and slope landscaping specifically designed to suit soil and geological conditions present on the slopes.

Mitigation Measure 2. The District shall comply with National Discharge Elimination System (NPDES) requirements o f the California Regional Water Quality Control Board (CRWQCB).

 

AIR QUALITY

at page 15

The construction and operation of the project will be required to comply with applicable rules and regulations of the South Coast Air Quality Management District. These rules and regulations aid in reducing short-term and long-term air pollutant emissions in the South Coast Air Basin.

An Air Quality Assessment prepared for the project has concluded that the project will contribute an increase in air quality impacts. While the impacts of the project can be mitigated on a local basis, it will incrementally add to pollutant emissions in the County and South Coast Air Basin. Local and regional air quality impacts are not projected to be adverse. Additionally, with implementation of the recommended mitigation measures, impacts to air quality can be reduced to an insignificant level. 

at page 15 - 16

Mitigation Measure 3. During project implementation, the project proponent shall comply with all rules and regulations of the South Coast Air Quality Management District (SCAQMD). Water shall be applied to the site as needed during grading operations in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions), and grading operations shall be suspended during second (or worse) stage smog alerts by the SCAQMD.

a. All clearing, grading, earth moving, or excavation activities shall cease during periods of winds greater than 20 miles per hour average over one hour.

b. All material transported off site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.

c. The area disturbed by clearing, earth moving, or excavation activities shall be minimized at all times. This can be accomplished by mowing instead of disking for weed control and seeding and watering inactive portions of the construction site until grass growth is evident.

d. Construction site vehicle speed shall be limited to 15 miles per hour.

e. Streets adjacent to the project site shall be swept as needed to remove silt which may have accumulated from construction activities.

The following mitigations serve to minimize mobile source emissions during construction and shall be incorporated into any District construction contracts or conditions of development project approvals:

a. All internal combustion engine driven equipment shall be properly maintained and well tuned according to the manufacturer's specifications.

b. Diesel powered or electric equipment shall be utilized in lieu ofgasoline powered engines, where feasible.

c. Construction activities shall minimize obstruction o f through traffic lanes adjacent to the site and a flag person shall be retained to maintain safety adjacent to existing roadways.

 

HYDROLOGY

at page 17

The following facts in the record and mitigation measures provide a brief explanation of the rationale for each finding.

Compliance with Nation Pollutant Discharge Elimination System (NPDES) and water quality requirements of the State Water Resources Control Board and Regional Water Quality Control Boards will reduce significant impacts to water quality associated with storm water pollution from impacting waters in the project vicinity to an insignificant level.

The existing control structure (culvert) under Oso Parkway adjacent to the site will require channelization adjacent to the site to control current flows within the canyon and to avoid damage to the down stream creek channel.

Groundwater is not expected to be a major factor in the project grading except where excavations are to be made below the natural stream course of Canada Chiquita. A detwatering program will be implemented for any extensive excavations in these areas.

The following mitigation measures will reduce and/or eliminate significant impacts to water resources to a less than significant level.

Mitigation Measure 4. Prior to the approval o f Plans, Specifications & Estimates (PS&E) for the project, the District shall prepare a Water Quality Management Plan (WQMP). The WQMP shall address the provision and location of facilities to route project related runoff and preventing project related pollutants from reaching designated receiving waters. Best Management Practices (BMPs) will be included in the runoff facilities of the project. The WQMP shall include water quality control methods for implementation such as the location and construction of detention/settlement basins in the vicinity of designated receiving waters identified as being potentially impacted by project pollutants.

Mitigation Measure 5. The District shall work cooperatively with NPDES permittee municipalities such as the I County of Orange (per County NPDES Permit No. CA 8000180) and with the NPDES permit requirements as set fortlz by the EPA and will coordinate with the San Diego Region office of the Regional Water Quality Control Board (RWQCB) to satisfy the NPDES requirements applicable to the project.

 

BIOLOGICAL RESOURCES

at page 19

The following facts in the record and mitigation measures provide a brief explanation of the rationale for each finding.

The principal impact of the development of the project will be the loss of open field habitat. The habitat is not limited in this area and its limited loss at the subject site will not significantly affect the use of the are by the present faunal component.

The project proponent has evaluated several design options for development of the project at the subject site and the proposed project provides a design which would substantially lessen many environmental effects associated with the subject site. Active uses (tennis courts, stadium and I parking areas) of the high school will be placed adjacent to the access road and Oso Park'Way for better access and compatibility of uses.

Biological assessments as well as consultation with regulatory agencies (i.e. California Department of Fish & Game) have determined that the site is suitable for development of the project with incorporation of recommended mitigation measures.

The following mitigation measures will reduce and/or eliminate significant impacts to biological resources to a less than significant level.

Mitigation Measure 6. Prior to the commencement o f any construction activities, final design plans shall include the fallowing project components:

a. All outdoor lighting will be directed away from the western hills or shielded so as not to illuminate the slopes directly. The current design of the project has relocated such activities to the eastern area of the site, away from the more sensitive scrub/and habitat.
 
b. The western periphery of the campus will be fenced to prevent access into the western slopes.
 
c. Loudspeakers will be directed away from the western hills and the decibel levels will be limited such that no sound greater than 60 dB will reach the western slopes.
 
d. Fire clearance at the base of the western hills will be done selectively to leave at least 30 percent of the native shrub vegetation and so as not to disturb the native soil profile. The project will provide a fuel modification zone which will include the area to be thinned.
 
e. The use of glass will be minimized on the western sides of buildings adjacent to the eastern hill area.
 
f. Trash will be maintained in closed containers.
 
g. No 4-H livestock activities will be allowed at the school since these will encourage brown-headed cowbird populations.
 
at page 20
 
Mitigation Measure 7. Prior to the commencement of grading activities, the project proponent shall comply with permitting requirements of the U.S. Army Corps of Engineers, U.S. Fish & Wildlife Service and the California Department of Fish and Game.
 

Mitigation Measure 8. Mitigation for either 1Z9 or 12.31 (depending on timing of FTC construction) will occur as a credit assignment within the Canada Gobernadora wetlands mitigation bank which has been established for mitigation of on-ranch wetland impacts. This mitigation is considered effective because the habitat in the wetlands bank is superior, greater habitat value than that of the project site. The extent of the acreage to be mitigated will be determined prior to the commencement of grading activities.

at page 21

Mitigation Measure 9. The Capistrano Unified School District shall retain a landscape architect to prepare a landscape plan and plant palette for the project. The Capistrano Unified Sc/zoo/ District, in coordination with the California Department ofFish and Game, shall be responsible for approval of said landscape plan, monitoring and implementation of landscaping. The District shall coordinate the said landscape plan with the Orange County Fire Authority for review as it relates to fuel modification to be provided for the site.

For the area along the west side o f the school site, the landscape plan shall include the following species: Sambucas Mexicana, Malimosa, Toyan, White sage, Eriogonum, California everlasting, Monkey flower (Nimulus), California poppies, Lupine, Rosa Californica (this requires additional moisture), Oaks (on both sides o f the access road), and Sycamore.

For the slope areas which transition from the school site west into areas o f coastal sage scrub, the transition zone shall be planted as follows: oaks at the edge o f the coastal sage scrub, then cactus moving inward toward the school site, and nascella pulcura (purple needle grass) in the cactus transition zone.

Mitigation Measures Added

Mitigation Measure 10. The California Department of Fish & Game (CDFG) promotes a program referred to as ''Project Wild" whereby the CDFG will assist in instructing ecology teaching about resource management. Since the proposed high school will be an ecological flagship high school, upon project completion and occupancy of the high school, the District shall participate in the "Project Wild" program and views this participation as additional mitigation in the preservation and enhancement of resources.

  

CULTURAL RESOURCES

at page 22

Based upon the field survey, the Chiquita Canyon High School development will not impact any known prehistoric sites. However, since buried remains go undetected during a field survey and since a majority of the ground surface was not visible, finding buried prehistoric artifacts may be likely. Also, given the number of known prehistoric sites and isolated artifacts in the general project vicinity, the potential for finding additional sites or artifacts within the proposed project area may occur.

Mitigation Measure 11: In the event that potential archaeological resources are discovered during routine grading operations, the operator shall notify the Manager, EMA/Harbors, Beaches and Parks/Program Planning Division ofsaid potential resources. A qualified archaeologist may be retained to investigate said potential resources. I f the archaeological resources are determined to be significant, the archaeologist shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage The excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are o f special significance, or a museum in Orange County indicates desire to study and/or display them at this time, in which case items shall be donated to the County or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, EMA/Harbors, Beaches and Parks/Program Planning Division.

Mitigation Measure 12: In the event that potential paleontological resources are discovered during routine grading operations, the operator shall notify the Manager, EMA/Harbors, Beaches and Parks/Program Planning Division o f said potential resources. A qualified paleontologist may be retained to investigate said potential resources. If the paleontological resources are determined to be significant, the paleontologist shall determine appropriate actions, in cooperation with the applicant, for exploration and/or salvage. The excavated finds shall be offered to the County of Orange, or designee, on a first refusal basis. The applicant may retain said finds if written assurance is provided that they will be properly preserved in Orange County, unless said finds are o f special significance, or a museum in Orange County indicates desire to study and/or display them at this time, in which case items shall be donated to the County or designee. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Manager, EMA/Harbors, Beaches and Parks/Program Planning Division. The paleontologist shall submit a follow-up report for approval by the Manager, EMA/Harbors, Beaches and Parks/Program Planning Division, which shall include the period of inspection, an analysis o f the fossils found, and present repository of the fossils.

 

AESTHETICS

at page 24

The project will result in short-term aesthetic impacts during construction activities. Construction equipment and associated grading will be visible to travelers on Oso Parkway. Tennis court and stadium lighting will be visible to travelers on Oso Parkway and the future Foothill Transportation Corridor. The glare from these uses may be visible to residences of Coto de Caza, Wagon Wheel and Las Flores.

The following facts in the record and mitigation measures provide a brief explanation of the rationale for each finding.

The project proponent has evaluated several design options for development of the project at the subject site and the proposed project provides a design which would avoid or substantially lessen many potential aesthetic effects associated with the subject site.

The proposed project has been designed to be aesthetically pleasing and blend and blend with the canyon characteristics of the site and surrounding area. The project will incorporate landscaping which will further soften the aesthetic appearance of the proposed high school. Active uses (tennis courts, stadium and parking areas) of the high school will be placed adjacent to the access road and Oso Parkway for better access and compatibility of uses.

The site is buffered by Chiquita Ridge and the future Foothill Transportation Corridor. The Foothill Transportation Corridor is elevated adjacent to the site and the dominant visual feature in the immediate project area will be the corridor and not the high school. For these reasons, it is not anticipated that the high school will contribute any adverse significant visual impacts to the immediate area due solely to the project. The dominant visual features of the project area will be the existing natural terrain and the Foothill Transportation Corridor.

The following mitigation measure will reduce and/or eliminate significant aesthetic impacts to a less than significant level.

Mitigation Measure 13. Stadium, tennis court and baseball field liglzting slzall be designed and tested to ensure that light spill does not exceed standard specifications commonly utilized for these types ofrecreational uses..

 

TRANSPORTATION AND CIRCULATION

The project will result in an increase of vehicular trips associated with the proposed high school (e.g., staff, deliveries, bus transportation, students and visitors). The total increase due to the project will be 3,000 daily vehicle trips, 900 and 170 of which are expected to occur during the morning and evening peak hours, respectively. The project will not result in a significant impact on the transportation system under build-out conditions. The project includes development of staff, student and visitor parking areas which can accommodate the required parking demand.

A traffic study prepared for the project concluded that the site is suitable for I development of the project with incorporation of recommended mitigation

The addition of the project related traffic to background traffic in years 2000 and 2020 does not result in any significant adverse impacts to off-site streets / intersections.

The following mitigation measures will reduce and/or eliminate significant I transportation/circulation impacts to a less than significant level.

Mitigation Measure 14. Prior to the placement of any portable classrooms, the District shall cause to be prepared an assessment which evaluates the transportation, circulation and parking conditions of the school site and immediate project area. The assessment shall identify any improvements required to ensure that placement of said portable classrooms can be accommodated by the transportation and circulation network which serves the site.

Mitigation Measure 15. The project proponent shall post a security deposit with the County of Orange, Environmental Management Agency, for the installation of a traffic signal at Oso Parkway at the Project Entry when warranted as recommended in the Capistrano Unified School District Chiquita Canyon High School Traffic Impact Analysis dated October 1995. The timing and installation of the traffic signal shall be closely coordinated with the Environmental Management Agency/Traffic Engineering Division.

 

NOISE

at page 27

The project will result in short-term noise impacts associated with construction activities. Construction noise for the proposed project will not significantly impact the nearby existing or newly constructed developed residential areas. The construction activities of the proposed project will be located approximately 430 feet from the nearest Gnatcatcher nesting area. At this distance, construction noise levels could potentially impact the nesting areas.

The proposed high school adjacent to the Foothill Transportation Corridor could be exposed to noise levels in excess of 65 CNEL. Noise insulation features included in the building design will reduce this impact. Future noise increases due solely to the project are 0.8 dB or less and will occur along Antonio Parkway, Felipe Road, Marguerite Parkway and Oso Parkway. Since the noise increases are less than 3 dBA, the increase in traffic noise due solely to the project are not considered to be significant. Facts/Mitigation Measures in Support of Findings

The following facts in the record and mitigation measures provide a brief explanation of the rationale for each finding. ·

A noise study prepared for the project concluded that the site is suitable for development of the project with incorporation of recommended mitigation measures.

The following mitigation measures will reduce and/or eliminate significant noise impacts to a less than significant level.

Mitigation Measure 16. Prior to the commencement of construction activities, the Plans, Specifications and Estimates (PS&E) contracting documents shall stipulate construction activities will be limited to 7:00 a.m. to 8:00 p.m. on weekdays and not at any time on weekends or federal holidays.

NOTE: The following two Mitigation Requirements were NOT included in the Chiquita Canyon High School Inventory of Official Mitigation Measures  page 50 and 51 of 1057 pages

Mitigation Measure 17. Prior to occupancy of the high school, the CUSD/Facilities Planning Division shall verify that the high school provides sound attenuation features to reduce noise levels for school uses located with the 70 CNEL zone.

Mitigation Measure 18. Prior to the commencement of grading and construction activities, temporary noise I barriers shall be placed between the construction area and Gnatcatcher habitat. Temporary barriers constructed with plywood will suffice. In lieu of constructing a temporary noise barrier, an alternative option is to reduce the number of construction equipment operating at any given time near Gnatcatcher nesting areas.

 

PUBLIC SERVICES AND FACILITIES

at page 31

The following facts in the record and mitigation measures provide a brief explanation of the rationale for each finding.

An evaluation of public services and utilities for the project concluded that the site is suitable for development of the project with incorporation of recommended mitigation measures.

The following mitigation measures will reduce and/or eliminate significant public services and utilities impacts to a less than significant level.

Mitigation Measures 19. Prior to commencement of any construction activities, the CUSD shall coordinate with San Diego Gas & Electric, Southern California Gas, Pacific Bell, Orange County Sanitation District, the Santa Margarita Water District, and the Orange County Fire Authority regarding any construction activities to ensure existing facilities are protected and any necessary expansion or relocation is planned and scheduled in consultation with the appropriate public agencies.

 

SPECIAL FINDINGS

at page 32

The Board of Trustees finds that no facilities are located within one-quarter mile of the school site that might reasonably be anticipated to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste.

 

PUBLIC COMMENTS:

at page 85 of 1057

Matthew P. Smith
Agency Engineer
San Juan Basin Authority January 8, 1996

"The San Juan Basin Authority (SJBA) is interested in improving the ground water quality within the San Juan Basin. After review of your E.I.R. it appears you have adequately addressed this issue. I did not see addressed, however, the impact your project may have on creeks within the San Juan Basin due to increased runoff. The increased runoff causes flooding which can damage land and facilities adjacent to the creeks. Your E.I.R. briefly touches on 'long term implications of the proposed project but I would like to see the issue of increased runoff directly addressed."

RESPONSE: 

The Draft EIR (pages 59, 60, 63, 64 & 65) evaluates rainfall and runoff. Additionally, depending upon the timing of construction of the Foothill Transportation Corridor, the current flows within the canyon will need to be controlled in the proximity of the school site. An existing drainage control structure under Oso Parkway, including velocity reducing devices, may require relocation with school construction and will have to be replaced downstream of the school site to avoid damage to the downstream creek channel. This is included in the grading shown on the exhibits for the project. It is anticipated that creek flows can be channelized adjacent to the site. Development of the site will require drainage improvements to convey stormwater flows through the site. The Draft EIR (page 40) includes a mitigation measure which requires that final project design plans include design components such as surface drainage devices, subdrains, backdrains and temporary sumps/pumps (during construction).

However, more importantly, the high school is an extremely small part of this basin, and largely consists of pervious surfaces, which reduce post-development runoff. Post-development runoff is estimated to be 48.8 cfs for 25 year frequency event (storm) and 62.5 cfs ror·100 year frequency event. There are no known San Juan Basin Authority facilities affected by this runoff.

 

at page 89 of 1057

Robert F. Joseph, 
Chief Advance Planning Branch
Department of Transportation District 12
January 26, 1996

Comment:

"Thank you for the opportunity to review and comment on the Draft Environmental Impact Report for Chiquita Canyon High School. The proposed project is for the construction o f Chiquita Canyon High on approximately 40 acres and is located within the unincorporated area o f Orange County. The site is located at the southwest comer of the future intersection of Oso Parkway and the Foothill Transportation Corridor in Rancho Mission Viejo. Caltrans District 12 is a responsible agency and has the following comments."

Section 5.8.2h (page149) the distance of 370 feet between the freeway on ramp and the access road is unacceptable. The minimum distance should be 500 feet and the design shall be coordinated with the design of the Foothill Transportation Corridor. Please submit the detailed engineering/site plans for review and comment.

NOTE: Caltrans is stating that the distance from the freeway on ramp to the access road must be a minimum of 500'

Response:

In consultation with Caltrans, District 12 staff subsequent to the receipt of their comments, it was determined that the reference to 500 feet is cited from the Highway Design Manual (dated February 13, 1995). Page 500-14 of the Highway Design Manual states "for new construction or major reconstruction of interchanges, the minimum distance between ramp intersections and local road intersections shall be 400 feet. The preferred minimum distance should be 500 feet." The standard appears to apply to locational criteria for Caltrans. The actual distance between the project access road and the on-ramp to the Foothill Transportation Corridor (FTC) is approximately 381.11 feet. Therefore, the distance is currently approximately 19 feet short of the minimum requirement as cited in the Highway Design Manual. It is important to recognize that the south segment of the Foothill Transportation Corridor (segment between Oso Parkway to San Clemente) is not yet at the final design stage and the environmental documentation for this segment is not yet available. The District will closely coordinate final design plans for the high school with the Transportation Corridor Agencies (TCA) to coordinate right-of-way issues and design issues such as those raised by the commentor. This is a technical comment as opposed to one raising significant environmental issues, and can be resolved during final design.

More importantly, however, the standard appears to apply to "local roads". The access to the high school is not a local road, but rather a driveway. So far as is known at this time, there is no plan to cause this driveway to act as a local collector or arterial. The principal periods of activity at that driveway intersection will be in the morning and in the mid-afternoon. The mid-afternoon traffic movements are not significant (a total of 170 trips out of 17,000 ADT on the roadway), and even morning trips are similarly only a small part of the background trips on Oso Parkway (900 trips out of 17,000; total trip generation is 3,000 ADT for the project, or 17.6% of total ADT). Since Oso Parkway is built to secondary arterial highway status, and since Exhibit 27 (of the Draft EIR) shows a volume to capacity ratio of .25, or Level of Service, there is no opportunity for adverse effect.

Note: This proves that all parties- Caltrans- TCA- the County of Orange- The Ranch and CUSD knew the onramps were to close to Tesoro's access Road. 

Note: It is also important to point out that Tesoro Creek Road is a "Driveway".

Comment:

In addition, we would like to see bike lanes on the Access Road to accommodate non· motorized travel (Exhibit 3). There should be also sidewalks going along Oso Parkway as well as, bicycle parking for students and staff.

Response:

Comment noted. Bicycle parking will be provided on site for students and staff. Additionally, the width of the access road can accommodate striped bicycle lanes and specific details in this regard will be considered during preparation of final design plans for the school site. However, since the access road is only for the high school at this time, specific bike lanes are actually unnecessary to transition students from the Oso Parkway bike trail to the school. 

Note: Were their plans to change Tesoro Creek Road from a "driveway" to a road?

 

February 13, 2018 Special CUSD BOT Meeting: ORAL COMMUNICATIONS