CUSDWatch Comment

CUSD should have put this much time and effort into their LCAP presentation. This is a marketing piece which highlights LCAP Goals without the data. 

THE DISTRICT IS TOO BIG

Since the State implemented "Local Control" the District should be broken up into smaller Districts that can actually be managed at the local level. This would insure adequately funded schools and greater public input.

• 63 school campuses
• 47,000+ students
• Over 5,000 full-time and part-time employees
• 97 percent graduation rate 
• More than 4 million sq. ft. of building space

STEM (Science Technology Engineering Math)

What is "STEM" without rigorous math?

CUSD does not offer: 

• Algebra I Honors.
• Geometry Honors class. 
• Trig component to its Algebra II class which is needed to do well on SAT/ACT exams

Under "Local Control" State Content Standards and Curriculum Frameworks are a "RECOMMENDATION" not a "REQUIREMENT" - because class sizes are so large and all levels of students are placed into a non-accelerated class, the result is that many classes are no longer able to make it through the entire curriculum. Parents and students do not know until they take their college boards and find out they have not seen some of the material

Pilot Learning Academies aka  CAPO Forward "Re-imagining" Plan

CUSD is spending millions of dollars to "rebrand" under enrolled schools. A Quote from Trustee John Alpay 

April 27, 2016 at 1:49:54 Trustee John Alpay makes the comment that this is just a "Marketing Gimic" -  changing names to "Academy" without changing anything - just a con job. Money can be better spent elsewhere.

College & Career Advantage Program CTE

Rather than create Honors classes, CUSD has been implementing CTE classes which now receive Honors wighting. Students are taking these CTE classes to bump their GPA. And this has created a problem with student rankings.  

Post-Secondary Success

CUSDs' A-G Completion is falling compared to other districts.

• Laguna Beach 76.5%
• Los Alamitos 74%
• Irvine Unified 69%
• Tustin Unified 63.1%
• Newport Mesa 60%
• Garden Grove 57.5%
• Brea Olinda 55.1%
• Capistrano 53.7%
• Saddleback 53.4%
• Anaheim Unified 40%
• Santa Ana  49.3%

This means that only 53.7% of CUSD graduates are qualified to attend a 4- year college. 52.7% have no choice but to get a job or attend Community College.

AP Test Scores

Most colleges will not accept a 3 for college credit - the data should be broken out by scores of 3, 4 and 5

FUTUREology

Social/Emotional Support

MTSS 

In light of recent and increased events on school campuses, the Public has a right to know if school districts are following state law and removing students who pose a risk to others by ensuring that these students are removed from campus. Alternatives like Florida's Promise Program, and CUSDs' MTSS are not appropriate remedies when dealing with conduct that law requires mandatory expulsion.

PLC Professional Learning Communities

CUSD spends so much time and money on Professional Development that teachers are chronically absent.

Extended Day Kindergarten

Rather than spend money to educate more children by expanding grade levels down to pre-school and expanding K hours, money should be spent to reduce class sizes. CUSD has the highest class sizes in the State and the Nation.

Human Resources

CUSD has a very high turn over of Principals. Tesoro High School has had a different principal every year.

Business Services

District Staff has no fiduciary duty to students or taxpayers. Staff has been documented gifting public assets ($13 million to the Ranch Esencia School Site) 5 Consecutive years of across the board compensation increases for all employees totaling over $150 million. Yet facilities need $189 million in EMERGENCY REPAIRS AND MAINTENANCE. Trustees have a fiduciary  duty to taxpayers and students and should not rely so heavily on Staff Recommendations.

Transportation

CUSD has eliminated almost all busing and parents are charged a fee for the bus routes that are left.  Now CUSD is profiting from field trip transportation by using buses not to transport students to and from school, but to take students on field trips and to athletic events that are paid for by fundraising organizations.

Energy 

Billions in California Taxpayer money in the form of grants is being used to promote a political agenda- the State limits per pupil funding then gives Grant money to fund green energy projects. Millions for solar projects, electric buses, CNG busses. Grants are why a majority of what should be "classroom" money never makes it to the classroom.

Instead of "Marketing" a Poor Product, fix the product. 

It is time for CUSD to put the educational interests of students above the financial interests of adults.

Be transparent (share the LCAP data in a meaningful way) and fix what needs to be fixed.

See: CUSD Annual LCAP Review How Did CUSD do 2016-17? 

CUSDWatch Comment

At the July 25, 2018 CUSD BOT meeting, Trustee Reardon requested a review of the performance of the CNG Station.

CUSD opened a CNG (Compressed Natural Gas) filling station in 2016 at a cost of $790,448. page 241

CUSD currently owns 25 CNG buses and has been awarded grant money for 15 more. The CNG station will now need to be up-graded to add additional fill dispensers at a cost of $434,000.00 bringing the Total cost of the CNG station to $1.2 million. Most of the cost was funded with Grant money from the State.

Total CNG Expenses before CNG station was built:

2014-15 $253,846.16

2015-16 $251,796.36

Total CNG Expenses after CNG station was built:

2016-17 $64,149.72

2017-18 $75,812.66

CUSD is saving $175,000 per year in fuel and labor costs but it cost taxpayers $1.2 million to build. (7 years to break even) 

The State of CA fails to provide adequate per pupil funding. It withholds tax dollars earmarked for education and uses Grants to incentivize districts to promote the political agendas of elected leaders. For example- Grants for CNG Buses- Grants for Electric Buses - Grants for Solar Panels- Grants for Professional Dev. This is why there is insufficient dollars actually reaching the classroom.

This Natural Gas Grant Program represents over $75 million in CA taxpayer money. 

CUSDWatch Comment

Open Gov is CUSDs' financial Transparency portal that was put into place when Trustees voted to eliminate Pay- As - you- go monies collected from CFDs' (Mello Roos). 

CUSD OpenGov

The portal shows CUSDs' actual budgets and CUSDs' Facilities Master Plan and the Capital Expenditures for each CFD.

CUSDWatch Comment

Schools that have above 45% of students who receive Free and Reduced Lunch receive Title I Funding.

CUSDWatch Comment

CUSD currently has 10 Title I Schools. 

• Del Obispo ES 
• Hidden Hills ES 
• Kinoshita ES 
• Las Palmas ES 
• Marblehead ES 
• RH Dana ES 
• San Juan ES 
• Viejo ES 
• Marco Forster MS
• Junipero Serra HS

Carl Hankey and Palisades Elementary may also become Title I Schools based on the number of students receiving free and reduced lunch. The current base is Las Palmas at 45.94%. If Hankey and Palisades raises above 45% those schools would also be re-designated as Title I schools.

At the July 20, 2018 BOT meeting, Trustees identified the 10 current schools as Title I, but agreed to set aside $121,000 for Carl Hankey and $147,000 for Palisades in the event that the Oct 2018 CBEDS data shows that the percentage of low income students exceeds 45.94%

See: CUSDWatch: June 20, 2018 CUSD BOT Meeting Agenda Item #49 JUNE 30, 2018 DATA COLLECTIONS OF THE CONSOLIDATED APPLICATION AND REPORTING SYSTEM

CUSDWatch Comment

Assembly Bill 699  "Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state." 

The law was amended Oct 2017 to add immigration status as a protected class.

The Admissions policy is being changed to read: 

ADMISSION

The Board of Trustees encourages the enrollment and appropriate placement of all school-aged children in school. The Superintendent or designee shall annually notify inform = parents/guardians of children entering a District school at any grade level about all existing attendance options available, including, but not limited to, admission requirements and shall assist them with enrollment procedures, including all options for meeting residency requirements for school attendance.

If parents or guardians choose not to provide information that could indicate immigration status, citizenship status, or national original information, the District shall not use the acquired information to discriminate against any students or families or bar children from enrolling in or attending school.

CUSDWatch Comment

Trustee Patricia Holloway raised an issue regarding Charter School Policy not allowing the use of Mortgage statements to establish residency. She was quickly stoped with Staff saying they are not allowed to discuss this or mandate? 

Further clarification is needed to understand the point being raised. 

CUSDWatch Comment

This is another policy that is being amended to add immigration status as a protected class.

Prior to admission, students living within the District must provide proof of residency. A copy of the document or written statement offered as verification of residency shall be maintained in the student’s mandatory permanent record.

District personnel shall not inquire specifically about a student’s citizenship or immigration status or the citizenship or immigration status of a student’s parents or guardians; nor shall personnel seek or require, to the exclusion of other permissible documentation or information, documentation or information that may indicate a student’s immigration status, such as a green card, voter registration, a passport, or citizenship papers. Any information obtained about a student’s or parent/guardian’s citizenship or immigration status shall not be shared without parent/guardian consent or a lawful judicial order, in accordance with laws pertaining to the confidentiality of student records.

Where any law contemplates submission of national origin related information to satisfy the requirements of a special program, the District personnel shall solicit that documentation or information separately from the school enrollment process.

the policy continues and can be read in full at Board Agenda page 599

CUSDWatch Comment  

Trustees had a discussion over "Sensitive" and "Maintaining security over student records"

CUSDWatch Comment

This is another policy that is being amended to add immigration status as a protected class.

Education Code Section 49073.1 Privacy of Pupil Records

STUDENT RECORDS

The Board of Trustees recognizes the importance of keeping accurate, comprehensive student records as required by law. Information about a student shall be confidential and used judiciously in ways that contribute to the student’s welfare, in accordance with law.

The Superintendent or designee shall establish regulations for Board approval governing the identification, description and security of student records, as well as timely access for authorized persons. These regulations shall ensure parental rights to review, inspect and photocopy student records and shall protect the student and the student’s family from invasion of privacy.

The Superintendent or designee may enter into a contract with a third party for the digital storage, management, and retrieval of student records and/or to authorize a third party provider of digital software to access, store, and use student records, provided that the contract meets the requirements of Education Code §49073.1 and other applicable state and federal laws.

If the District possesses information that could indicate immigration status, citizenship status, or national origin information, the District shall not use the acquired information to discriminate against any students or families or bar children from enrolling in or attending school.

The District shall not allow school resources or data to be used to create a registry based on race, gender, sexual orientation, religion, ethnicity, or national origin.

Custodians of Records

The Superintendent or designee shall serve as custodian of records, with responsibility for student records at the District level. At each school, the principal or a certificated designee shall act as custodian of records for students enrolled. The custodian of records shall establish procedures which maintain the confidentiality of information contained in student records. (Code of Regulations, Title 5, 431)

The Superintendent or designee shall maintain in writing District policies and procedures for gathering and handling sensitive student information, and appropriate personnel shall receive training regarding those policies and procedures.

CUSDWatch Comment

This is another policy that is being amended to add immigration status as a protected class.

DISTRICT RECORDS

School District records shall be developed, maintained and disposed of according to the requirements of law and the regulations of the State Department of Education.

The Superintendent or designee shall establish appropriate regulations so that District personnel will know which documents are records and which are not; which records are permanent, optional, or disposable; and how each type of record is to be maintained or destroyed; and an employee’s obligations in the event of a litigation hold established on the advice of legal counsel. The Superintendent or designee shall ensure the confidentiality of each kind of record as permitted or required by law and shall establish regulations to safeguard data against damage, loss, or theft.

If the District discovers or is notified that a breach of security of School District records containing unencrypted personal information has occurred, the Superintendent or designee shall notify every individual whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Personal information includes, but is not limited to, a social security number, driver’s license or identification card number, medical information, health insurance information, or an account number in combination with an access code or password that would permit access to a financial account. (Civil Code §1798.29.)

The Superintendent or designee shall provide the notice in a timely manner either in writing or electronically, unless otherwise provided in law. The notice shall include the material specified in Civil Code Section 1798.29, be formatted as required, and be distributed in a timely manner, consistent with the legitimate needs of law enforcement to conduct an uncompromised investigation or any measures necessary to determine the scope of the breach and restore reasonable integrity of the data system. (Civil Code §1798.29.)

District public records shall not include the actual addresses of students, parents/guardians, or employees when a substitute address is designated by the Secretary of State pursuant to the Safe at Home program. (Gov. Code §§ 6206, 6207.) When a substitute address card is provided pursuant to this program, the confidential, actual address may be used only to establish district residency requirements for enrollment and for school emergency purposes.

CUSDWatch Comment  

Staff was directed to bring this back and add examples of types of conduct that constitute Sexual Harassment. 

This policy refers to Student on Student Harassment and Staff on Student Harassment. 

Staff on Staff Sexual Harassment is covered under a Personnel Policy.

Rich Montegomery is Uniform Complaint Officer

CUSDWatch Comment

This is being brought back to have the term "Sexual Harassment" defined.

Prohibited sexual harassment includes, but is not limited to, unwelcome advances, unwanted requests for sexual favors or other unwanted verbal, visual or physical conduct of a sexual nature made against another person of the same or opposite gender, in the educational setting, when: (Education Code § 212.5; 5 CCR 4916)

1. Submission to the conduct is explicitly or implicitly made a term or condition of a student’s academic status or progress.

2. Submission to or rejection of the conduct by a student is used as the basis for academic decisions affecting the student.

3. The conduct has the purpose or effect of having a negative impact on the student’s academic performance, or of creating an intimidating, hostile or offensive educational environment.

4. Submission to or rejection of the conduct by the student is used as the basis for any decision affecting the student regarding benefits and services, honors, programs, or activities available at or through any District program or activity.

Types of conduct which are prohibited in the District and which may constitute sexual harassment include, but are not limited to:

1. Unwelcome leering, sexual flirtations or propositions

2. Sexual slurs, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions

3. Graphic verbal comments about an individual’s body, or overly personal conversation 

4. Sexual jokes, notes, stories, drawings, pictures or gestures, or computer-generated images of a sexual nature

5. Spreading sexual rumors

6. Teasing or sexual remarks about students enrolled in a predominately single-gender class

7. Massaging, grabbing, fondling, stroking or brushing the body

8. Touching an individual’s body or clothes in a sexual way

9. Purposefully cornering or blocking normal movements

10. Displaying sexually suggestive objects 11. Sexual assault, sexual battery, or sexual coercion

12. Electronic communications containing comments, words, or images described above

CUSDWatch Comment

CUSD is now adding "Management Resources" to it's Board Policies. This is not appropriate because the sources being cited have no legal authority. They are associations and activist organizations that have political agendas.

Management Resources:

CUSDWatch Comment  

Cost Impact of this Item

3 Types of students in food service program:

Students who receive FREE Lunch

Students who receive REDUCED PRICE lunch 

Students who pay for lunch.

This Mandate is that ALL students at very high poverty schools receive FREE LUNCH.

Staff is seeking a waiver from this law because the District will loose the revenue being brought in by students who currently buy lunch. 

If all students were to receive FREE MEAL there are two costs to this:

$12,500 to calculate eligibility.

$35,000 per year loss of revenue, from students who currently buy lunch

CUSD does not want to spend the extra $47,000 to feed EVERY student.

This is an issue of EQUITY - we have created a system where one group of students gets FREE services, while another group of students pays.

The law is that EVERY STUDENT at a high poverty school should get free lunch. Giving CUSD a waiver is in fact a violation of the Equal Protection laws of the United States Constitution and the California Constitution. All laws must be applied to all people equally. 

California is violating the Civil Rights of the students who are forced to buy lunch at these high poverty schools.

CUSDWatch Comment

California law now requires every school district in the State to provide breakfast and lunch free of charge to every student in a school designated "very high poverty".

Very high poverty schools are defined as one that qualify to receive the free meal rate in the Community Eligibility Provision (CEP) 

The Community Eligibility Provision (CEP) is a non-pricing meal service option for schools and school districts in low-income areas. CEP allows the nation’s highest poverty schools and districts to serve breakfast and lunch at no cost to all enrolled students without collecting household applications. Instead, schools that adopt CEP are reimbursed using a formula based on the percentage of students categorically eligible for free meals based on their participation in other specific means-tested programs, such as the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF).

School Districts that are unable to comply due to financial hardship may seek a waiver by adopting a resolution. The resolution shall be publicly noticed on at least two consecutive meeting agendas, on the first meeting agenda as an information item and on the second meeting agenda as an action item.

CUSD has two schools Kinoshita and RH Dana that meet the criteria as "very high poverty" schools. Without the waiver, CUSD will have to pay to provide a free breakfast and lunch to every student in the school.

Source: Dataquest  

Kinoshita Elementary School 

Total Enrollment 590

96.3% Hispanic or Latino

Language Proficiency

 52 English Only

 30 Initial Fluent English Proficient

450 English Learners

  58 Reclassified Fluent English Proficient

*Homeless Youth 301 students 

Richard Henry Dana Elementary School

Total Enrollment 214

90.7% Hispanic or Latino

Language Proficiency

 42 English Only

 16 Initial Fluent English Proficient

129 English Learners

  27 Reclassified Fluent English Proficient

*Homeless Youth 72 students 

The Resolution States as follows: 

Section 3. The District is unable to comply with the universal meal service program requirements of Education Code § 49564 for the following reasons.

The impacts of Senate Bill 138 would require the District to reimburse the Food and Nutrition Services Program for collection of Local Control Funding Formula (LCFF) Alternative Income Data Collection Forms from the general fund budget each year

Food and Nutrition Services is exempt from collecting Free and Reduced-price Meal Applications.

Because supplemental/ concentration grant funding is determined by the identification of unduplicated pupil count, if there is a decline in the submission of Local Control Funding Formula (LCFF) Alternative Income Data Collection Forms or Free and Reduced-price Meal Applications, the District will see a reduction in LCFF funding received by the state.

The District is projecting deficit spending over the next few years and implementing this program would negatively affect revenues possibly impacting students while not providing any extra benefits to low income students. 

Question: CUSD have given employees 5 consecutive years of across the board compensation increases totaling over $150 million dollars. Why would a District do that if it is projecting deficit spending for the next few years?

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds.

The Board, acting as the Legislative Body of CFD No. 90-2, hereby approves and adopts a budget for CFD No. 90-2 for Fiscal Year 2018-2019 in the amount of $2,434,781.00. 

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds.

The Board, acting as the Legislative Body of Improvement Area No. 2002-1 of CFD No. 90-2 IA, hereby approves and adopts a budget for Improvement Area No. 2002-1 of CFD No. 90-2 IA for Fiscal Year 2018-2019 in the amount of $3,321,250.00.

Comment from Laura Ferguson Talega Residents for Fair Taxation

CUSD is the agency that receives and manages the Mello Roos portion of the property taxes that Talega homeowners and Talega commercial property owners pay above their ad valorem base tax rate that the County collects.

For years CUSDS abused the Mello-Roos by collecting far more than what was needed to service the bond debt and principal.

The Board must vote every August on the special tax rate and what to do with Talega's surplus taxes. Until Talega Residents for Fair Taxation, which I formed with a group of concerned homeowners remedied all of the special tax abuses at the hands of CUSD

CUSD had over-collected about $22M in surplus Mello Roos.

It would have been another $60M over the life our bond payments for CFD 90-2 and IA 2002-1 bondsfrom Talega homeowners and commercial property owners in Talega.

After we remedied the overtaxation and had 3 major taxpayer victories as volunteer advocates for fair and equitable taxation (no lawsuit) which took nearly one year, we then continued for another year to urge the CUSD school board to use the surplus taxes they over-collect to pay down our bond debt sooner since CUSD deemed that all facilities contemplated in our mitigation agreement (our contract) have been built thus already we have satisfied our contract for facilities (and then some).

CUSD decided to use the excess to cover debt service only and no longer keep it to use on unauthorized projects but what was really wonderful was that this same practice was applied districtwide across all 10 Community Facilities (Mello Roos) districts CUSD managed and derived special tax revenue from.

A big win for taxpayers who pay 2 times the tax of those living outside of a CFD.

There are 13 years left of the Mello Roos payments in Talega.

GRAND JURY REPORT: Mello Roos: Perpetual Debt Accumulation and Tax Assessment Obligation

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds.

The Board, acting as the Legislative Body of CFD No. 92-1, hereby approves and adopts a budget for CFD No. 92-1 for Fiscal Year 2018-2019 in the amount of $1,965,750.00.

CUSDWatch Comment

All Bonds have not been issued yet- authorize at 100% until all bonds are sold.

The Board, acting as the Legislative Body of CFD No. 98-1A, hereby approves and adopts a budget for CFD No. 98-1A for Fiscal Year 2018-2019 in the amount of $667,072.00. 

CUSDWatch Comment

All Bonds have not been issued yet- authorize at 100% until all bonds are sold.

The Board, acting as the Legislative Body of CFD No. 98-1B, hereby approves and adopts a budget for CFD No. 98-1B for Fiscal Year 2018-2019 in the amount of $204,164.00. 

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds

The Board, acting as the Legislative Body of CFD No. 98-2, hereby approves and adopts a budget for CFD No. 98-2 for Fiscal Year 2018-2019 in the amount of $7,818,908.00

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds

The Board, acting as the Legislative Body of CFD No. 2004-1, hereby approves and adopts a budget for CFD No. 2004-1 for Fiscal Year 2018-2019 in the amount of $399,744.00.

CUSDWatch Comment

CUSD only levies debt service it no longer collects pay-go funds

The Board, acting as the Legislative Body of CFD No. 2005-1, hereby approves and adopts a budget for CFD No. 2005-1 for Fiscal Year 2018-2019 in the amount of $1,077,126.00.