April 19, 2017 Meeting Agenda: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/2226792177017631293.pdf

February 22, 2017 Board Meeting Audio:  http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_April-19-17.mp3

CLOSED SESSION

CLOSED SESSION COMMENTS - NONE

RECESSED TO CLOSE SESSION at 4:36pm

 

CALL TO ORDER:  

OPEN SESSION - 7:32pm

ROLL CALL:  

at 1:37:00 Everyone is here except Trustee Pritchard. Trustee Pritchard was here for closed session, but had to leave for a family emergency and WILL NOT be present for Open Session.

PLEDGE OF ALLEGIANCE:

Principal Greg Kassler

ADOPTION OF THE AGENDA:

Board Meeting Audio at 2:20 Motion by Trustee Hatton- Hodson Second by Trustee Reardon

Motion Passes 6-0-1 Trustee Pritchard absent

 

REPORT ON CLOSED SESSION ACTION:

Board Meeting Audio at 2:33

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 

Susan Holliday
Significant Exposure to Litigation – One Case Attorney
Cathie Fields
(Pursuant to Education Code §49070(c))

Kirsten Vital/Clark Hampton
Significant Exposure to Litigation – One Case
Attorney – David Huff
(Pursuant to Government Code § 54956.9(d)(2)(3)) Janie Hoy/Sara

ITEM 3A-1

In closed session the Board heard a request for a Grade Change. The Board took no action and gave direction to Superintendent to review options.

ITEM 3-A2 

No reportable action

EXHIBIT A-1

EXHIBIT A-2

 

Board Meeting Audio at 3:02

B. STUDENT EXPULSIONS

Mike Beekman
Five Cases
Case Number 2017-036
Case Number 2017-037
Case Number 2017-038
Case Number 2017-039

Trustees voted 7-0 to approve expulsions of:

Case Number 2017-036
Case Number 2017-037
Case Number 2017-038 

Trustees voted 7-0 to approve expulsions of:

Case Number 2017-039

EXHIBIT B-1 

EXHIBIT B-2

EXHIBIT B-3

EXHIBIT B-4

Board Meeting Audio at 3:40

C. LIABILITY CLAIMS

Clark Hampton
Significant Exposure to Litigation - One Case
Rejection of Government ClaimL No. LBI 1603346
(Pursuant to Subdivision (d) of Government Code § 54956.9, Paragraph (2) or(3))

Trustees voted 7-0 to reject Government Claim No LBI 1603346

EXHIBIT C-1 

Board Meeting Audio at 3:49

D. CONFERENCE WITH LABOR NEGOTIATORS

District Negotiators: Kirsten M. Vital/Gordon Amerson/Clark Hampton
Attorney – Jonathan Pearl
Employee Organizations:
1) Capistrano Unified Education Association (CUEA)
2) California School Employees Association (CSEA)
3) Teamsters
(Pursuant to Government Code § 54957.6)

Trustees gave direction to Staff

EXHIBIT D-1

Board Meeting Audio at 3:54

E. PUBLIC EMPLOYEE/DISCIPLINE/DISMISSAL/RELEASE

Gordon Amerson
One Case
(Pursuant to Government Code § 54957)

No Reportable action

EXHIBIT E-1  

Board Meeting Audio at 4:00

F. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT

(Pursuant to Government Code § 54957)

No Reportable Action

EXHIBIT F-1   

OPEN SESSION

Board Meeting Audio at 4:08 

SPECIAL RECOGNITION - EXTRA MILER AWARD

Board Meeting Audio at 4:15

Tiffany Mui, Lori Devey, Renee Moore, Janice Graves, New-New Lee and Josie Boys for their dedication to the
students at Marion Bergeson Elementary School and the Drama Dawgs program.

BOARD AND SUPERINTENDENT COMMENTS

Board Meeting Audio at 8:04

SUPERINTENDENT COMMENTS:

CDE announced that CUSD has a Graduation Rate of: 97.1% 

CUSD changed is passing grade from a "C" to a "D" to maintain it's Graduation Rates (nothing to be proud of- Saddleback's graduation rate is based on passing with a "C") 

CDE announced that Ladera Ranch is a Gold Ribbon School based on Model programs the school has adopted. The Ladera Ranch "All Star Awards" recognizes student achievement in promoting service and heart. website: http://www.cde.ca.gov/ta/sr/gr/

Mayors Round Table Friday April 21, 2017 where CUSD and City Mayors discuss issues and continue talks regarding facilities.

Monday April 24, 2017 Tesoro Grammy Celebration honoring Grammy winner Keith Hancock more info: http://www.ocregister.com/2017/04/25/tesoro-highs-grammy-educator-of-the-year-honored-with-concert-featuring-jason-mraz-five-for-fighting/

Friday April 28, 2017 Red Ribbon Cutting for FUTUREology at the Shops of Mission Viejo website: http://www.cusd-futureology.org/

CUSD does not have sufficient funding to provide every student with Art, Music or Science; to reduce class sizes to reasonable levels or to fix and maintain facilities, but it does have sufficient funding to staff full time Counselors at the Mission Viejo mall to provide after school college and career ready advice and counseling. 

Board Meeting Audio at 11:03

TRUSTEE LYNN HATTON-HODSON 

Amendment of Board Bylaws to limit PUBLIC COMMENT

 

 

 

 

 

 

Trustee Hatton-Hodson directs staff to look into Board Policy 9323 Bylaws of the Board MEETING CONDUCT as it applies to the BLUE CARDS and the law as it pertains to the amount of time a speaker has, as well as how other districts handle a single speaker.

Trustee McNicholas responds: Is that a consensus of the Board?

Unintelligible?

Trustee McNicholas: Strike? OK- we'll consider that.

at 12:04 Resignation of Trustee Lynn Hatton-Hodson effective as of June 2, 2017

Trustee McNicholas: I know your letter of resignation was not submitted to us, it was submitted to OCDE Superintendent Al Mujaris. If it was, it would be rejected. It is not in my power so I think that we need some direction on what next steps are. 

Superintendent Vital: When there is a vacancy on a Board of Trustees, the Board has several options. 

1) Hold an Election

2) Make a "Provisional Appointment".

On May 10, 2017 I will bring back to the Board 2 Resolutions so that you can discuss and take action on which way you would want to proceed. Trustee Hatton-Hodson's term would be up November 2018. Her resignation is for June 2, 2018. There are two Board Policies that dictate that and we will bring back those Board Policies for Discussion/Action. The remaining 6 member of the Board will vote (excluding Trustee Hatton-Hodson) who is not eligible to make a vote on the Process.

Trustee McNicholas: I wish I could say that I look forward to this.

Trustee Hannacek: I know we have a little more time with Lynn before she leaves. We will never see a Trustee who is as adept and has such true motivation as Lynn. These will be big shoes to fill.

Board Meeting Audio at 18:38

TRUSTEE MC NICHOLAS

Student Advisor to the Board Quinn Darling has made a decision to attend University of California Berkeley next year.

Board Meeting Audio at 18:47

TRUSTEE GILA JONES

One of the great things about this Board is the diversity of this Board. Everyone brings something different. Lynn is very much involved in Curriculum and Educational Leadership and she has brought that among us. I doubt that we will ever have that again. I thank you for what you brought.

ORAL COMMUNICATIONS NON-AGENDA ITEMS

Board Meeting Audio at 19:40

BLUE CARD - DAWN URBANEK

Since November I have been doing something called CUSDWatch. The reason I did it is because I feel that parents and the Public under "Local Control" need to have a very easy way to understand what the Trustees are voting on because it is Trustees that are elected to represent what is in the best interest of Taxpayers and Students in all matters before the Board. I put about 30 - 35 hours this week into reading and understanding this Agenda and I could not get through it all. I am going to strongly suggest that Trustees hire a Staff person to work for you full time so that you will know what you are voting on so that you are not caught with surprises, mis-representations and a Staff that runs its own agenda behind your back. I think it would be well worth the money, and it would serve the taxpayers and students well.

Board Meeting Audio at 20:54

BLUE CARD - MICHELLE PASSO CAMPBEL (Legislative Rep CUCPTSA) - update on PTA/PSTA events 

PTA/PTSA Sponsored Events:

San Juan Elementary School:

Spring Festival with the theme of California Dreaming Friday, April 21, 2017 2:00 - 8:00 pm

Soccer Tournament of Scholars to benefit on Saturday May 1, 2017 to benefit their Outdoor Science program.

Tiejares Creek:

Final PTA meeting and this Friday April 21, 2017 at 8:00 am.

Casino Night Fundraiser April 22, 2017

All across the District PTA is holding Staff Appreciation luncheons.

Aliso Niguel High:

Taste of Laguna Niguel Saturday April 29, 2017 (21 and over)

RH Dana:

Fundraiser Travel Around the World Cultural Fair as a Fundraiser for their enrichment programs at the school.

George White:

Book Fair Fundraiser.

Earth Day Concert Friday april 21, 2017 - Come see the children sing.

TRUSTEE MC NICHOLAS asks as she sings- Do they still do the song "Save the Water ... turn it off ... turn it off..."

Board Meeting Audio at 23:18

CALL THE PUBLIC HEARING: 7:55 pm

Board Meeting Audio at 24:06

PUBLIC HEARING

THE FOLLOWING WAS ALL THE INFORMATION THE PUBLIC WAS GIVEN REGARDING THE PUBLIC HEARING

 

CUSD DID NOT PROVIDE THE PUBLIC WITH NOTICE OF THIS PUBLIC HEARING.CUSD DID NOT PROVIDE THE PUBLIC WITH ANY DOCUMENTATION TO REVIEW FOR THIS PUBLIC HEARING. 

This was the only information given to the Public regarding this Public Hearing. Staff said that a Notice of Public Hearing was sent out about ten days ago explaining that the Public was invited to the District office to review the text books. There does not seem to be any record of that on the District web site.

Board Meeting Audio at 24:20

BLUE CARD- DAWN URBANEK

There was no documentation provided to the PUBLIC for this Item for the PUBLIC to comment on.

TRUSTEE COMMENTS

at 24:22 TRUSTEE MC NICHOLAS 

It relates to a later item correct?

at 24:31 DR SUSAN HOLLIDAY, Associate Superintendent Education Services

We put out a PUBLIC NOTICE 10 days ago. All of the materials have been here at the District office for the Public to review. There are also materials at the back of the room.

at 24:39 TRUSTEE MC NICHOLAS

But we do have subsequent agenda Items with documentation for Discussion at the end of the meetings correct?

at 24:41 DAWN URBANEK

Those Items have no documentation either, only 2 of the 6.

at 24:49 DR SUSAN HOLLIDAY, Associate Superintendent Education Services

It's all text book materials.

at 25:51 TRUSTEE MC NICHOLAS

They are all text book materials.

at 24:53 SUPERINTENDENT VITAL

I just want us to be careful not to go back and forth... what I can say is at the end of the day when you adopt curriculum materials you advertise it in the newspaper, you advertise it on the website. People have to actually come to the District office, go up-stairs, view the materials. Trustees do this, the Public does this and then at the Board meeting you actually vote to adopt what has been on display, sometimes for months and months even from the beginning of the Pilot.

at 25:23 TRUSTEE HATTON-HODSON

Trustees also have the ability to nominate a member from their area to come and look at the materials.

at 25:34 TRUSTEE MC NICHOLAS

I understand that as part of the Instructional Materials Review Board and their assessment and review. I just wasn't sure as far as the PUBLIC HEARING portion of the approval process.

at 25:40 TRUSTEE REARDON

It seems to me that at a PUBLIC HEARING in order to provide the Public with an opportunity to provide an informed input to this Board the PUBLIC HEARING must contain a complete description of what is being heard or it is kind of a vacuous process. I know Trustees have seen the list of these materials, but I do not see anything that is available to the Public. There is nothing in this agenda showing what the Board is voting on. I think that is problematic. We have to be able to point to the Agenda and say these are the things we are soliciting input on.

at 26:28 TRUSTEE HATTON-HODSON

Like "Come to the office..."

at 26:36 TRUSTEE REARDON

"Come to the Office to review the materials is one part, but this PUBLIC HEARING is another part of the process...

at 26:37 TRUSTEE JONES

Interrupts- and says this should not be discussed here it should be discussed with Item #33 not relative to the comment or the Public Hearing.

at 26:52 TRUSTEE MC NICHOLAS

Except as it pertains to the mechanics of a PUBLIC HEARING

at 26:53 TRUSTEE REARDON

From my point of view, I think this hearing should be continued until all the documentation for the items we are adopting are contained in the Agenda.

at 27:00 SUPERINTENDENT VITAL

It has always been the practice of this District to put out a PUBLIC NOTICE informing the Public that the materials can be viewed at the District office but there has never been a document tied to this. It is just a Notice without documentation. If you want us to change that Process we are happy to do that. 

at 27:42 TRUSTEE REARDON

The past practices actually contained the names and the authors, and the publishers right in the text of the Agenda Item to be adopted.

at 27:50 SUPERINTENDENT VITAL

Did that actually occur Doctor Holiday?

at 27:53 TRUSTEE REARDON

 It does not appear in this Agenda. 

at 27:55 SUPERINTENDENT VITAL

Did that actually occur Doctor Holiday? Was the list of materials contained inn the Notice?

at 28:00 SUSAN HOLIDAY

The PUBLIC HEARING would have listed the text book title, the Author and the Publisher.

at 28:09 SUPERINTENDENT VITAL

So that was in the Notice that went into the Paper?

at 28:12 TRUSTEE MC NICHOLAS 

That was the Notice that went in the paper that would list those.

This is just the Actual PUBLIC HEARING so your saying we really need the list in both places.

at 28:19 TRUSTEE REARDON 

Where is the Notice? It is not on the web site.

at 28:21 SUSAN HOLIDAY

Yes it was posted on the web site.

at 28:26 TRUSTEE REARDON 

When? It was not on the web site today.

at 28:30 SUSAN HOLIDAY

About 10 days ago.

at 28:32 TRUSTEE REARDON 

I looked. I could not find it.

at 28:41 TRUSTEE HOLLOWAY

I think that part of the confusion may be that there is two places in our Agenda where these Items are listed. Item #36 has the Middle School Language Arts.

at 29:10 SUPERINTENDENT VITAL

So thats the Process. All this is is an advertisement for people to come and speak ... just like Oral Communication. Its just a place for people to have an opportunity to speak. PUBLIC HEARING is just a place on our Agenda where the Public can come and speak to those other items. That is the tie between the Public Hearing and those other Items.

at 29:26 TRUSTEE HATTON-HODSON

Tie it to the Agenda by stating on the Agenda these Items are available for review in the District Office. We advertise it. Tie it to the Agenda, but we do not need to include anything else in the Agenda.

at 29:44 SUPERINTENDENT VITAL

So I guess the question is that all these items are for tonight. Is that a change you want for tonight, or the next adoption?

at 29:52 TRUSTEE HATTON-HODSON

In my opinion NO we move forward. We have a Committee that recommended that we adopt these items. TO make it more clear, I think that would be a good added step.

at 30:10 TRUSTEE MC NICHOLAS

Jim's comment was that we should continue the PUBLIC HEARING so we can't adopt anything else.

at 30:14 TRUSTEE REARDON

There are not any exhibits attached to the Items in the 30's

at 30:27 TRUSTEE HOLLOWAY

There are to the Novels #36 and #37 

at 30:45 SUSAN HOLIDAY

The rest are all the text books located in the building so what we could do is to attach the public notice which is located on the home page at the bottom as Exhibit #1 and then put behind that the list of the Titles, the Authors and the Publishers going forward. For tonight, we should act because we have training tied to this, ordering and lots of steps tied to these adoptions.

at 31:05 TRUSTEE HOLLOWAY 

I would add to this- we should add the actual vote by the IMRC to the Agendas

at 31:40 SUSAN HOLIDAY

We can look into that.

at 31:45 TRUSTEE MC NICHOLAS

So for tonight text book approval we have followed policy and done the minimum we need to do. We could do better. 

at 31:59 TRUSTE GILA JONES

The books have been up-stairs for 6 - 8 months - a really long time. I was surprised because I thought we had already adopted them.

at 32:15 TRUSTEE MC NICHOLAS 

Well the books have been part of a Pilot.

at 32:21 TRUSTE GILA JONES

Maybe that is what it was, because they have been up there forever and a day.

at 32:24 TRUSTEE MC NICHOLAS 

With no other comments I will declare the public hearing closed at 8:03 

 

THE PUBLIC NOTICE IS NOT ON THE WEB SITE. It would take a Public Records Request to see if it was actually published. 

THE LACK OF DOCUMENTATION AND NOTICE APPLIES TO DISCUSSION ACTION ITEMS #32, #33, #34, #35, #38 and #39

THE HEARING AND VOTE ON THE ADOPTION OF THESE MATERIALS SHOULD HAVE BEEN POSTPONED.

Consent Items: Click Here!

Discussion/Action Items: Click Here!