The Board Agenda is posted at: http://capousd-ca.schoolloop.com/file/1218998819331/1455438848279/1474344529390663222.pdf

The Board Meeting Audio is posted at: http://cusd.capousd.org/cusdweb/audio2016-17/CUSD_BoardAudio_March-8-2017.mp3

ROLL CALL

Trustee Hatton- Hodson absent.

ADOPTION OF THE AGENDA

at: 2:18 Agenda Item #16 is going to be moved to the first Item to be discussed after closed session. Trustee Jones was ill and went home after Agenda Item #16.

at 2:29 Staff has pulled a contract from Agenda Item #3 AW Industries and will be addressed at the next Board meeting.

at 2:42 Agenda Item #18 has been removed by Staff 

Agenda Item #18 FIRST READING Board Policy 0420.4, Charter School Authorization page 339

at 2:47 Motion to Adopt the Agenda by Trustee Reardon Second by Trustee Hanacek

Motion to adopt the Agenda Passes 6-0-1 Trustee Hatton-Hodson is absent

CLOSED SESSION

at 3:09 Report Out From Closed Session 

A. LIABILITY CLAIM: 

Clark Hampton
Significant Exposure to Litigation – One Case
Rejection of Government Claim: No.LBI 1603243 MH
(Pursuant to Subdivision (d) of Government Code Section 54956.9, Paragraph (2) or (3)

at 3:22  

Trustees voted 6-0-1 to deny Government Claim No. LBI 1603243 MH 

EXHIBIT A-1

 

B. STUDENT EXPULSIONS

Mike Beekman
One Case
Case Number 2017-028

at 3:28  

Trustees voted 6-0-1 to approve the expulsion of Case Number 2017-028

EXHIBIT B-1 

 

C. PUBLIC EMPLOYEE DISCIPLINE/RELEASE

Gordon Anderson
Five Cases
(Pursuant to Government Code Section 54957)

at 3:42  

Trustees voted 6-0-1 to Release and Re-assign a Certificated Administrative Employee in the position of Elementary Assistant School Principal at the end of 2016-17 school year, and directed Staff to send out appropriate legal notices pursuant to EdCode 44951.

at 4:19

Trustees voted Trustees voted 6-0-1 for the non-re-election of Probationary Certificated Employee #33280 pursuant to Ed Code 44219(b) at the end of the 2016-17 school year, and directed Staff to send out appropriate legal notices.

at 5:13 

Trustees voted 6-0-1 to Release and Re-assign a Certificated Administrative Employee in the position of High School Assistant School Principal on Special Assignment at the end of 2016-17 school year, and directed Staff to send out appropriate legal notices pursuant to EdCode 44951.

at 5:28 

Trustees voted 6-0-1 to Release and Re-assign a Certificated Administrative Employee in the position of High School Assistant School Principal on Special Assignment at the end of 2016-17 school year, and directed Staff to send out appropriate legal notices pursuant to EdCode 44951.

at 6:00

Trustees voted 6-0-1 to Release and Re-assign a Certificated Administrative Employee in the position of High School Assistant School Principal on Special Assignment at the end of 2016-17 school year, and directed Staff to send out appropriate legal notices pursuant to EdCode 44951.

EXHIBIT C-1

EXHIBIT C-2

EXHIBIT C-3

EXHIBIT C-4

EXHIBIT C-5

D. CONFERENCE WITH LABOR NEGOTIATORS

District Negotiators: Kristen M Vital/Gordon Anderson/Clark Hampton

Employee Organizations:
1) Capistrano Unified Education Association (CUEA)
2) California School Employees Association (CSEA)
3) Teamsters
(Pursuant to Government Code Section 54957.6)

at 6:36 Trustees gave direction to Staff

 

 

 

Agenda Item #16 FIRST READING - BOARD BYLAW 9311, Board Policies page 189

Learn More

At 6:45 

7:03 Superintendent Vital - the only change in this Policy is "with a vote of 2/3 of the total Board we can wave the second reading if all Trustees are present for the First Reading". This is to ensure that the Board can take action no matter how many Trustees are present. If the Board wanted to still ratify.

at 7:49 Trustee Jones Made more sense to me to put this in the ByLaw rather than suspend the ByLaw.2/3 allows a minority of the Board to be heard, but also allows the Board to take action with 5 member present. 

at 8:37 Trustee McNicholas just to confirm this is 2/3 of the Total Board - not 2/3 of the Board members that are present. 

at 8:46: Superintendent Vital - yes 2/3 of the Total Board (5 Trustees) 

at 8:55 BLUE CARD - Dawn Urbanek 

BLUE CARD Dawn Urbanek

The changes to this policy are for the purpose of making it easier to amend Board Policies without having the full Board hear and vote on each policy.  

Trustee Hatton-Hodson has not been attending Board meetings since October 2016. CUSD announced that she would not be returning until April 2017 due to medical reasons. Any Trustee who cannot fulfill their duties for any reason should step down as Trustee. Because CUSD is governed by Trustee Areas, the students and taxpayers in Trustee Area 7 currently have no representation on this Board, and if these proposed policy changes are made taxpayers within Area 7 will be disenfranchised.

Schools represented are:

  • Arroyo Vista K-8 School
  • Bathgate Elementary School
  • Castille Elementary School
  • Philip Reilly Elementary School
  • Tijeras Creek Elementary School
  • Wagon Wheel Elementary School
  • Newhart Middle School
  • Tesoro High School

Tesoro High School is facing huge impactions issues as the result of the Ranch development. Mello Roos taxpayers in Ladera Ranch are being denied seats that they are legally entitled to in order to accommodate Ranch students. 

at 10:17 Trustee Mc Nicholas - correction Trustee Hatton-Hodson did attend on meeting in February.

at 10:33 Trustee Reardon - Two reasons for multiple readings. The First reading provides Notice to the Public and signals the Direction the Board intends to take. There is a loss of Public Notice when we waive these readings. It is not advisable to waive readings.

at 12:22 Trustee Jones agrees with that. Normally, we should do two readings. This is to deal with matters of urgency with a Board member missing. This Policy should have a second reading. I would not pass this without a second reading. If 3 members were opposed it would have to have a second reading, but it would not pass without 5.

at 14:05 Trustee Hanacek I have never know this Board to pass any Policy change on a First Reading. This solves a situation for us. We are Trustees elected by Trustee Area, but we serve the entire District. Every decision is based on what is good for the entire district. 

at 14:53 Superintendent Vital I want to say something similar as Trustee Hanacek. Right now it will take all five of you to agree or it will not pass. I would appreciate if you would vote tonight and then we can bring it back next meeting on CONSENT for ratification or vote.

at 15:34 Trustee Jones - Consent is fine.

at 15:48 Trustee McNicholas - if we chose not to pass this tonight and waited until next meeting and there were first readings on the next agenda would this apply. 

at 16:25 Superintendent Vital - No you would have to waive for that particular one, and then it would be in the record

at 16:31 Trustee McNicholas - so we are not voting on this tonight and we are just going back to the agenda.

at 16:36 Trustee Pritchard - just as a point of clarification- you did not create this bylaw to deal with the absence of a missing Trustee.

at 16:42 Trustee Jones - no not at all. We often have Board members missing and it has kept us from taking action when Staff has needed us to do so.

at 17:29 Trustee Jones left this item which means we will have two Board member missing.

Trustees did not vote on this item- they just went on to Special Recognitions. So what does that mean? Will it be placed on the next Board Meeting as a FIRST READING at the next meeting?

at 17:30 

SPECIAL RECOGNITION - EXTRA MILER AWARD

Extra Miler Jacqui Neuharth and Marti Bruno (out sick) for their dedication in maintaining the “Gerhard Garden” used to extend the educational opportunities and benefits for the students at John S. Malcom Elementary School.

at 21:53

STUDENT BODY UP-DATE

Associated Student Body
Adult Transition Program
Clint Collins, Principal
Lori Kunze-Thibeau, Teacher
Devon Lara, Student Speaker

at 28:37

BOARD AND SUPERINTENDENT COMMENTS

at 28:40 Superintendent Vital

  • Spent Time at Wood Canyon.
  • Wanted to announce Special Board meeting regarding Esencia School and a Special Work shop on Independent PE and online PE that will be held on Wednesday March 15, 2017.
  • Met with ASB Executive Council regarding communication and getting information out about Counseling services.
  • Met with CAPOForward School Principals to hear what is working and what needs continued support.
  • Congratulations to Cap Valley High Basketball team who is in State Basketball finals. A win tonight would move them on to the State Championships. 
  • Powerful Experience at Segerstrom where CUSD Honors concert performed. The Elementary honors band concert will be next month at Segerstrom.
  • We will be holding a Community Forum on March 14, 2017 at 7:00 pm to show the State of California's new Accountability improvement system - the California School Dashboard.
  • Tonight I am going to comment on our minutes, but will wait until later. 

at 32:37 Truste Hanacek

Honors Concert was amazing. Thank you to CUSD Foundation for making this happen. We have a lot of Performing Arts supporters from the community. Ray Woods Director Dana Hills High always provides Opera Night. This year was at Chapman University. Robert Burns supports San Clemente High Performing Arts. The two of these men do Stars for tomorrow- 60 students tried out and could barely widdle it down to 25. Shout out to Ray Woods who is taking some time off.

at 35:06 Trustee McNicholas 

  • She was also honored to attend the Segerstrom - Goosebumps!. Thank you to the Foundation  for underwriting the show and VAPA Director Neal Anderson for putting this performance together.
  • She also attended the Capo Valley High School vs Oxnard Southern Section Basketball at Honda Center. They won 41 to 31
  • She went to the Mandarin Immersion Roaring 20's fundraising Gala.
  • Special Request of Staff review Board ByLaw #9323 Meeting Conduct regarding use of Cell Phones- we do not enforce this so can we up-date this.

at 38:39 Trustee Reardon

Regarding that Policy we simply want to keep cell phones from interrupting the meetings.

at 39:20 

ORAL COMMUNICATIONS

at 39:26 Nicholas Perez, Principal Opportunities for Learning Charter School Submitting Charter Renewl for another 5 years.

at 40:28 Kathy Brevoort re: Co-Chair with Michelle Passo Campbell (Legislative Rep CUCPTSA) - PTSA up-date.

  • Sacramento Trip to advocate for 4th District.
  • Key Issues - Teacher Shortage especially in special education and STEM. 
  • 2 Bills Special Eductaion Funding
  • 6 Bills Student Climate
  • 2 Bills Immigration Issues - Safe Havens
  • 1 Bill School Facility Streamline.
  • Concerned about Federal Funding being cut off
  • Met with Bill Brough - Need to increase the Base Funding Grant. 

at 43:48 Michelle Passo Campbell (Legislative Rep CUCPTSA) - update on PTA/PSTA events

  • Tieras Creek Elementary Self Publish Books
  • Del Obispo Student Driven Open House
  • Wood Canyon Father Daughter Dance
  • 5th Grade students are getting ready to transition to middle school
  • George White Elementary will be holding its Night Fall and will be sending invitations to Trustees and Superintendent Vital.

at 45:48

Staff has pulled one Contract from Agenda Item #13 - AW Industries. It will be on the next Board Agenda.

at 46:18

Superintendent Feedback from Trustees correction on Agenda Item #13 the minutes from November 16, 2016 has been corrected to read, "Vote to approve THIRD READING Board Policy 9270 Conflict of Interest" in place of "indefinitely table Board Policy 6172 Accelerated Academic Content."

at 46:53

Superintendent wants to make a comment about minute if these items are pulled.

at 47:06

Trustee Reardon pulls Agenda Item #6

at 46:16 BLUE CARD Consent Items #1, #2, #3, #4, # 6, #7, #11, (#12, #13, #14, #15 Board Meeting Minutes)

Motion to Approve Items #5, #8, #9, #10 moved Trustee Reardon Second by Trustee Holloway

Items #5, #8, #9, #10 Passed 5-0-2 (Trustee Hatton-Hodson and Trustee Jones Absent)

at 49:17  Superintendent Vital - You have one speaker who has pulled 11 Blue Cards. That is over 20 minutes would you like to limit their time? That is obviously the Boards' purview.

The ACLU Threatened to Sue OC Supervisors Over Alleged Free Speech Violations

In recent months, Orange County supervisors put tighter and tighter restrictions on speakers who try to address them at public board meetings. The ACLU’s letter is prompting county officials to consider possible policy changes. 

“Instead of acknowledging its role as servants of the community…over the last several years, the Board [of Supervisors] has treated the community as an impediment to conducting its own business and has systematically restricted members of the community’s ability to bring their concerns before the Board,” states the letter, signed by ACLU staff attorney Brendan Hamme and sent Monday to County Counsel Leon Page.

“Listening to your constituents is not an inconvenience to be endured; it is your job.”

http://voiceofoc.org/2017/03/aclu-threatens-to-sue-oc-supervisors-over-alleged-free-speech-violations/?utm_source=Voice+of+OC+Email+Newsletters&utm_campaign=806c70ed81-DailyHeadlines_Test_00112_12_2016&utm_medium=email&utm_term=0_6100b0e74b-806c70ed81-181968345

This article has been forwarded to Superintendent Vital and the Board of Trustees.

 

CONSENT CALENDAR

CONSENT CALENDAR: These Items are NOT DISCUSSED unless the Item is pulled by Staff, Board or Public.

"All matters listed under the Consent Calendar are considered by the Board to be routine and will be enacted by the Board in one motion in the form listed below. There will be no discussion of these items prior to the time the Board votes on the motion unless members of the Board, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar. The Superintendent and the staff recommend approval of all Consent Calendar items."

Business and Support Services

Agenda Item #1 Donations of Funds and Equipment page 1

Total Donations $90,503.95

Learn more

Board Audio at 49:39

Motion by Trustee Reardon, 2nd by Trustee Holloway

The Board Voted 5-0-2 to approve this item without comment from Trustees.

at 49:41 BLUE CARD Dawn Urbanek

BLUE CARD Dawn Urbanek. 

Any Donation over $1,000 should be itemized. CUSD is hiding payments for teachers salaries, aids and librarians as "non-instructional materials".

Education For The Children Inc. donated $24,632.15 labeled as Classroom Supplies and Materials to Tesoro High School

Education For Children Inc. donated $10,046.60 labeled as Classroom Supplies and Materials to Tiejeras Creek Elementary School

Education For Children Inc. donated $10,060.44 labeled as Classroom Supplies and Materials to Wagon Wheel Elementary School

 

ADDITIONAL INFORMATION REGARDING FUNDRAISING AND DONATIONS

Every student is entitled to DISTRICT FUNDED Art, Music and Science programs that align with minimum state mandated Content Standards and Curriculum Frameworks, and is taught by a properly credentialed teacher.

I have stood before this Board many times and explained that it is illegal for CUSD to rely on fundraising and donations (one-time money) to pay for staff salaries, core educational programs like art, music, science (on-going expenses). Core educational programs must be funded by the District because they have a Constitutional obligation to provide EVERY student with an equal opportunity to achieve a quality education. Relying on fundraising and donations to pay for staff salaries and core educational programs creates wealth based inequities in the quality of education that students receive within the district, and is a violation of Assembly Bill 1575.

 

Agenda Item #2 Purchase Orders and Commercial Warrants page 2

Total Purchase Orders: $1,963,783.03

Total Warrants: $3,988,317.22

Learn More

Board Audio at 49:39

Motion by Trustee Reardon, 2nd by Trustee Hanacek

The Board Voted 5-0-2 to approve this item from.

at 51:45 BLUE CARD Dawn Urbanek

BLUE CARD Dawn Urbanek

Professional Development

$5,493.69 ($5,043.69 is from the General Fund. General fund money should NEVER be used for Professional Development. CUSD received a Teacher Effectiveness Grant from the state for that purpose.

AW Industries 

THE CONTRACT IN AGENDA ITEM #3 AND THIS PO HAVE BEEN PULLED FROM THE AGENDA. THE ITEM WILL BE HEARD AT THE MARCH 22, 2017 BOARD MEETING.

This contract for $626,450 needs to be moved to the March 15, 2017 Special Board Meeting. This is a contract for inspection services for Esencia K-8. This contract is odd- there does not appear to be a corporation by the name of AW Industries. Adam Watson is an individual DSA inspector that is listed on the Knowland Construction web site. There is an AW Industries Group Inc.

Discovery Education

This is a professional development contract for Discovery Education for the 7 CAPOForward schools that are being "Re- Imagined" This is being paid for out of the General Fund. This is an inappropriate use of General fund money.

Orange County Fire Authority

Why is CUSD paying OC Fire $10,000? 

A PUBLIC RECORDS REQUEST WAS SENT ON 3-17-17 FOR DOCUMENTATION FOR THIS $10,000 PAYMENT

Sunbelt Staffing

$100,000.00 on Occupational Therapists.

Schnider Electric 

Schnider Electric is performing energy audits at High School sites. On February 22, 2017 BOT meeting PO $2,490,333.00 paid for with an Energy Grant. Warrant #234274 $1,176,427.38

at 53:22 Jim Reardon The AW Industries Item has been pulled by Staff.

at 53:28 Trustee McNicholas - is it on Item 2 or 3 it is on both.

at 53:40 Trustee Reardon - One is the Contract and one is the Purchase Order.

at 53:56 Superintendent Vital- we won't use the PO until the Contract is approved. 

at 54:09 Motion by Trustee Reardon, 2nd by Trustee Hanacek

The Board Voted 5-0-2 to approve this item from

 

Agenda Item #3 Independent Contractor, Professional Services, Field Service and Master Contract Agreements: Page 33

4 New Agreements: $790,450

1 Amendments: No cost

Learn More

Board Audio at 54:16

THIS ITEM WAS SKIPPED ACCIDENTALLY BY EVERYONE BECAUSE I ACCIDENTALLY SPOKE ON ITEM #4 NOT #3 AND THE BOARD JUST MOVED ON TO ITEM #5 SKIPPING THIS ITEM COMPLETELY.

BLUE CARD Dawn Urbanek

At page 34  AW Industries

This is a $626,4500 contract with AW Industries for Inspection services for Esencia K-8 School.

There is no address listed for this company on the contract.

Adam Watson is an individual DSA inspector that is listed on the Knowland Construction web site. 

There is a corporate filing for an AW Industries Group Inc - A construction management business. Adam Watson is listed as Secretary - this is a personal residence. There is no AW Industries on the web except for the corporate filing.

A PO in the amount of $409,700 made out to AW Industries is being approved tonight. This contract should be pulled and held until the March 15, 2017 Special Board meeting to discuss the contract to purchase the school site for Esencia

At page 40 Education Tool Box

This is a contract to provide 3-day coaching training to develop the coaching skills of site-based coaches supporting teachers and strengthening classroom instruction.

Cost $3,000.00

+

40 participants that are paid $30.00 per hour when they are released from their teaching duties.

8:00 - 2:30 is 6.5 hours X 3 days = 19.5 hours per participant X 40 participant = 780 hours

780 hours X $30.00 per hour = $23,400.00

40 Substitutes @ $105 per day

$105 X 3 days = $315 X 40 subs = $12,600

+

Students loose their teach for 3 full days. $ Priceless

Total Cost $39,000.00

At page 41 Julie Kim Dixon- Professional Development

This is a contract to provide 4-days of mathematics professional development.

Cost $20,000

+

? participants that are paid $30.00 per hour when they are released from their teaching duties.

? Substitutes @ $105 per day

+

Students loose their teach for 4 days. $ Priceless

Total Cost $?

At page 43 WCL Architects

Contract period April 1, 2016 - June 30, 2016

This is a $141,000 contract for architectural/engineering services and extended construction administration services for the following projects:

Architectural/Engineering Fee Proposal - Capistrano Various Sites/CA/DSA Closeout

  • Palisades Elementary School
  • Viejo Elementary School
  • Las Palmas Elementary School
  • Del Obispo Elementary School
  • Crown valley Elementary School
  • Niguel Hills Middle School
  • Shorecliffs Middle School
  • Dana Hills High School

DSA is requiring a resubmission of A04-102767 with (9) separate new submissions under the new code since the application number for A04-102767 was vacated. This mandate from DSA will revise the scope and fee that was previously approved by CUSD.

Scope of work:

1. Field verify existing conditions

2. Prepare construction documents

3.Obtain DSA plan approval

4. Bidding and Negotiation

5. Provide Construction Administration

6. Prepare DSA Certification

 

 

Agenda Item #4 Award Bid No. 1617-16, Marblehead Elementary School Outdoor Classroom to R. Jensen Co.

Marblehead Elementary School is getting an outdoor classroom.

This bid was originally awarded to Prunin Arboriculture & Landscape Maintenance at the January 25, 2017 BOT meeting at a cost of $56,562 from the General Fund. 

Prunin has backed out and the next responsible bidder is R. Jensen & Company at $102,050.

Learn More

Board Audio at 54:16

Motion by Trustee Reardon, 2nd by Trustee Holloway

The Board Voted 5-0-2 to approve this item

at 51:45 BLUE CARD Dawn Urbanek

BLUE CARD Dawn Urbanek. 

This contract has doubled in price. 

at 54:52 Superintendent Vital - We take the lowest bid and if they drop out, we move on to the next. 

at 55:02 Clark Hampton - The budget was $75,000. The lowest bidder $56,000 cannot perform so we go to the second highest bidder which was $102,000. We did not want to delay the contract so we will re-work the design to stay within the $75,000 budget with the second contractor. We did not want to delay the outdoor classroom.

at 55:35 

Motion by Trustee Reardon, 2nd by Trustee Holloway

The Board Voted 5-0-2 to approve this item from.

at 55:55 Trustee McNicholas Item #4 same issue? Or was that #4?

at 55:57 Superintendent Vital - that was Item #4 

at 55:58 Trustee Mc Nicholas - we move on to Item #6



 

 

 

CURRICULUM & INSTRUCTION 

Agenda Item #5 SECOND READING Board Policy 5111 Admission page 121

Learn More

THIS ITEM WAS CONTINUED FROM THE JANUARY 25, 2017 BOT MEETING

FIRST READING Board Policy was at the February 22, 2017 Meeting.

The Board voted 6-0-1 (Trustee Reardon was absent) to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification. 

CUSD is clarifying the age requirement for admission into Kindergarten and Transitional Kindergarten and defining proof of age documentation.

Proof of age is required for all enrolling students:

The evidence may be in the form of:

1. An official or certified copy of the birth record,

2. A statement by the local registrar or county recorder certifying the date of birth,

3. A baptismal certificate or official hospital record of birth,

4. A passport, or

5. When none of the above is obtainable, an Affidavit for Proof of Age of Minor signed by the student’s parent/legal guardian may be accepted. 

To enter:

Transitional Kindergarten: 5th birthday from September 2 - December 2.

Kindergarten: 5th birthday on or before September 1.

First Grade: 6th birthday on or before September 1.

 

Agenda Item #6 SECOND READING Board Policy 5111.1 District Residency page 125

Learn More

Board Audio at 56:00

At the last meeting Trustee Reardon was absent. The Board voted 6-0-1 to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

Schools shall accept students living within their defined attendance boundary, with the following exceptions:

Students in Grades K -8, who enroll after a school's maximum capacity has been reached, will be assigned to an alternate site if all the classes of a student's grade level are full.

CUSD has intentionally left out High School from this policy because every High School within CUSD except Capo Valley is grossly over enrolled.

at 56:22

BLUE CARD Dawn Urbanek

Schools shall accept students living within their defined attendance boundary, with the following exceptions: A school is at maximum capacity when class size has reached District and/or state regulations for that year. Students in Grades Kindergarten through 8, who enroll after a school's maximum capacity has been reached, will be assigned to an alternate site if all the classes at the student's grade level are full.

The Ranch is marketing its homes with CUSD knowledge and Consent stating that the Ranch students will attend Las Flores K-8 and Tesoro for High School. All of these schools are impacted and CUSD is denying seats to Mello roos taxpayers living in Ladera Ranch to accommodate Ranch students.

A March 2016 capacity study showed that CUSD has 8555 students over the legal capacity. 5,235 are High School Students.

K-6 1,844 over capacity

7-8 1,476 over capacity

9-12 5,235 over capacity

This was 2015-16 enrollment. The new Ranch development is estimated to produce almost 5,000 new students (maybe more). Planning Area 1 is sold out. Planning Area 2 will be sold out by September 2018 (maybe sooner). There are no schools in the Ranch Development and no construction on any new schools has begun. There may be as many as 1,019 students that do not have a seat at a school when school starts September 2017. 

I said 119 students when I meant to say 1,019. 

at 57:47 Trustee McNicholas Can we get a clarification on the statement about over enrollment?

at 57:59 Clark Hampton - the Development Study does not include the number of portables on our campuses. You count 25% of the capacity as portables. 

Every student will have a seat.

at 58:28 Trustee McNicholas - so this counts just brick and mortar buildings.

at 58:31 Clark Hampton - Yes

at 58:37 Trustee Reardon - I actually pulled this item as well. The problem with capacity is that we have capacity, just not where we need it. We need to fix that by moving boundary lines around one day. 

59:15 Change in Policy regarding Title I School of Choice.

59:42 Trustee Holloway - that is Item #7 Jim.

59:52 Trustee Reardon - Ok then I will move this Item.

59:54 

Motion by Trustee Reardon, 2nd by Trustee Holloway

The Board Voted 5-0-2 to approve this item

*Note- Clark Hampton did not fully disclose the issue of Capacity. CUSD and the Ranch are trying to avoid building a $200 million dollar High School so Clark is spending $45 million to add 3 Modular buildings to Tesoro SJH and San Clemente High School to lower the ratio of portables on HS campus. Only SJH is gaining "NEW" permanent capacity. 628 seats at San Juan Hills. Tesoro is actually loosing seats and parking for 2018. Which is why Ladera Ranch Mello Roos tax payers are being denied seats at Tesoro.

THE IMPORTANT POINT IS- as of now CUSD potentially does not have seats for an estimated 1,019 students for Fall 2018 because Esencia will not be ready for 2018.

Agenda Item #7 SECOND READING Board Policy Title I Programs page 129

Learn More

At the last meeting Trustee Reardon was absent. The Board voted 6-0-1 to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

District Staff is recommending that CUSD eliminate transportation funding for some; but not all Title I School of Choice students.

Board Audio at 59:42

Trustee Reardon

Title I Schools:

2-Way Immersion Title I Schools:

What is the big picture here?

34 kids from K-5 school to K-8

at 63:21 Trustee McNicholas - wait it is suppose to be public comments first - so hold that thought.

at 63:30 

BLUE CARD Dawn Urbanek

At the last meeting Trustee Reardon was absent. The Board voted 6-0-1 to waive bylaw 9311 and to place Board Policy 6171 on the Consent Calendar at the March 8, 2017 meeting for Ratification.

District staff wants to eliminate bus transportation for some, but not all Title I students. This will effectively force many Title I families to remain at low performing, under enrolled schools identified as schools in program improvement). This is being done to save money ($300,000), and to increase enrollment at under enrolled schools.

There are 7 schools that CUSD is currently spending hundreds of thousands of dollars to "re-brand". With this policy change, Title I students who do not have transportation will effectively be forced to remain at their home schools forcing increased enrollment at under enrolled schools.

District Staff must know that many of these families do not have transportation and therefore will have no choice. 

If approved by the Board, CUSD's new policy will create inequities in educational opportunity within the District by providing busing for some Title I students and not others.  

This is a Civil rights violation. But under ESSA no one will enforce it and CUSD is taking advantage of that to save money.

65:04 Dr. Susan Holiday- Paid transportation was a requirement under No Child Left Behind. Under ESSA it is optional- the District can choose to fund busing or use that money or another Title I purpose. Where do we want to maintain transportation? There is a cost. This would be for new students only.

at 66:13 Trustee Vital- Title I funds not used for busing can be used for there things like reading specialists, intervention etc. This becomes a policy choice because we are deciding how best to use that Title I money. That savings would be earmarked for the classroom.

at 67:04 Trustee Reardon- the 34 kids could remain at their K-8 and remain at Hankey K-8 instead of being forced to return to Marco Forester?

at 67:25 Staci Yogi - They could remain at Hankey, they just would not receive reimbursement for transportation in grades 6 and 8.

at 67:36 Trustee Reardon - Well that may mean they can't get to Hankey.

at 67:38 Superintendent Vital - Staff will work with those 34 kids to see that families are kept together.

at 68:11 Trustee Reardon - I am sensitized to this because we have Title I schools that will have paid transportation and now we have others that will not have for 6-8th grade.

at 68:30 Superintendent Vital - we can make sure these 34 kids are taken care of through 8th grade.

at 68:55 Trustee Reardon - odd situation with the 2-way immersion. Are we eliminating transportation for those families that move into the area but do not want a 2-way program?

at 69:14 Susan Holiday - CUSD will continue to pay for transportation in 2-way Title I schools.

at 69:40 Trustee Reardon - so we will continue to pay for transportation for 2-way Title I schools, but not in the other Title 1 schools? 

at 70:36 Superintendent Vital - a parent who moves into a non- 2-way Title I school area will have to provide their own transportation if they want to go to a non-title I school. There is no more "Program Improvement" under ESSA so we no longer have to provide transportation. The Board can choose to continue this, but does not have to.

at 71:12 Trustee Reardon - again I am concerned about siblings of the current students in Title I schools- keeping families together.

at 72:00 Susan Holiday - Staff can work with these families.

at 72:05 Trustee Hanacek - There are not a lot of opt out PI students so we can accommodate them. We are continuing the 2-way so now we just have to address siblings.

at 73:21 Staci Yogi - We can allow sibling to continue to ride the bus as long as that bus route is going. Once it is phased out they must provide their own transportation.

at 75:23 Superintendent Vital - steps in. If a majority of the Board is interested we can eliminate the paid transportation but work with families that are currently receiving paid transportation.

at 76:18 Trustee Reardon - I just saw this policy for the first time this morning. We are talking about a continuation of the mileage. 

at 77:03 Trustee Holloway - how would this effect that $300,000?

at 77:04 it would continue to pay mileage.

at 77:05 Trustee Hanacek - I believe in neighborhood schools and I am happy to see students returned to their neighborhood schools.

at 78:00 Trustee Pritchard - Hankey's High School is Capo Valley. Viejo is Capo Valley

at 78:13 Trustee McNicholas- I would like to see two things. That we have wording giving the Superintendent or designee authority to work out the exceptions, and on 2-way we really need to look at attendance boundaries for those neighborhoods. 

at 79:24 Dr Holiday - we are studying all of that data.

at 80:10 Superintendent Vital - it is a choice. 

THING 1 - siblings - administratively handle the 34 Hankey students 

THING 2 - cautious about exceptions.

at 81:41 Trustee Reardon - in case of 34 kids CUSD will administratively deal with siblings. For the other kids Non 2-way students we will work with them.

at 83:44 Trustee McNicholas- Jim we did get this on Friday.

Motion by Trustee Reardon, 2nd by Trustee Holloway

The Board Voted 5-0-2 to approve this item

HUMAN RESOURCE SERVICES

Agenda Item #8 Quarterly Report - Williams Settlement Legislation Uniform Complaint page 133

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Agenda Item #9 Orange County Department of Education Second  Quarter Report - Williams Settlement Legislation page 135

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CUSD never has any Williams complaints yet the District tried to justify $889 million in facilities needs to get Measure M passed in November 2016.

Published During 2016-17 School Year. Reported Using Data from the 2015-16 School Year

Every school in California is required by state law to publish a School Accountability Report Card (SARC),
by February 1 of each year.  The SARC contains information about the condition and performance of each
California public school.

For more information about SARC requirements, see the California Department of Education (CDE) SARC 
webpage at http://www.cde.ca.gov/ta/ac/sa/.

For additional information about the school, parents and community members should contact the school
principal or the district office.

To view Sarc Reports:

Elementary Schools: https://sites.google.com/a/capousd.org/sarcs/elementary

Middle Schools: https://sites.google.com/a/capousd.org/sarcs/middle

High Schools: https://sites.google.com/a/capousd.org/sarcs/high-school

 

 

Agenda Item #10 Resignations/Retirements/Employment

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Agenda Item #11  

Resignations/Retirements/Employment

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Board Audio at 84:30

Motion by Trustee Reardon, 2nd by Trustee Hanacek

The Board Voted 5-0-2 to approve this item

BLUE CARD Dawn Urbanek 

Starting Teachers make $50,000 per year.

Substitute Teachers are paid $105 per day

The Education profession is starting to express concerns about a teacher shortage as all tenured teachers begin to retire at max salaries pensions and benefits. Young teachers will be hired at 1/2 the cost but may not make enough money to afford housing. Some Districts (CUSD included) are starting to talk about building affordable housing for teachers.

By 2021 CUSD's contributions to CalPERS and CalSTRS will represent 10% of CUSD's total budget. The money that is saved by retiring older teachers at $95,000 per year and replacing them with younger teachers at $50,000 per year will be used to pay these increased costs.

Every time a CUSD employee attends a meeting, they are compensated above their regular pay:

CAPOForward Meeting $450.00

PLC Committee Meeting $148,800

Math Implementation Committee meeting $4,320

ASB's Fees are essentially another tax. This meeting alone ASB Fees were $30,384.25.

ASB rate for most positions is $10.00 per hour. When the minimum wage grows to $15.00 per hour parents will have to dig into their pockets to pay for the increase. This month there was $13,634.25 in $10 per hour ASB fees. That will increase to $20,451.34 when the minimum wage is $15 per hour.

at 87:09 Trustee Hanacek - I am confused by the speakers comments - isn't this about Resignations Retirements Employment?

at 87:35 Superintendent Vital - this item has the hourly rates paid for employees etc.

at 87:30

Motion by Trustee Reardon, 2nd by Trustee Hanacek

The Board Voted 5-0-2 to approve this item

 

GENERAL FUNCTIONS

at 87:45

COMMENT BY KRISTEN VITAL REGARDING WHY CUSD IS 5 MONTHS BEHIND ON ITS MINUTES.

CUSD does the best it can given the length of the meetings. Minutes can only be approved at regularly scheduled meetings and this time of year we only have 1 meeting. The PUBLIC always has access to our audio within a week. Maybe in the future we can do audio.

at 89:57 BLUE CARD - Dawn Urbanek - Why is it taking 5 months to approve Board Meeting Minutes.

at 90:26 

Motion by Trustee Reardon, 2nd by Trustee Hanacek

The Board Voted 5-0-2 to approve Agenda Items #12, #13, #14 and #15

Includes the Correction to Item #16

Agenda Item #12 Approval of the October 26, 2016 Special Board Meeting Minutes page 155

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Board Meeting Minutes are Public Records which should be posted within days of the public meeting.

BLUE CARD Dawn Urbanek 

Why is it taking CUSD 5 months to approve Board Meeting minutes?

 

 

Agenda Item #13 Approval of the November 16, 2016 Special Board Meeting Minutes page 164

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Board Meeting Minutes are Public Records which should be posted within days of the public meeting.

BLUE CARD Dawn Urbanek 

Why is it taking CUSD 4 months to approve Board Meeting minutes?

 

Agenda Item #14 Approval of the December 14, 2016 Board Meeting Minutes page 174 

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Board Meeting Minutes are Public Records which should be posted within days of the public meeting. 

BLUE CARD Dawn Urbanek 

Why is it taking CUSD 3 months to approve Board Meeting minutes?

 

Agenda Item #15 Approval of the January 18, 2017 Board Workshop minutes page 188

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Board Meeting Minutes are Public Records which should be posted within days of the public meeting.

BLUE CARD Dawn Urbanek 

Why is it taking CUSD 5 months to approve Board Meeting minutes?

 

   

DISCUSSION ACTION ITEMS

Agenda Item #16 FIRST READING - BOARD BYLAW 9311, Board Policies page 189

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BLUE CARD Dawn Urbanek

The changes to this policy are for the purpose of making it easier to amend Board Policies without having the full Board hear and vote on each policy.  

Trustee Hatton-Hodson has not been attending Board meetings since October 2016. CUSD announced that she would not be returning until April 2017 due to medical reasons. Any Trustee who cannot fulfill their duties for any reason should step down as Trustee. Because CUSD is governed by Trustee Areas, the students and taxpayers in Trustee Area 7 currently have no representation on this Board and if these proposed policy changes are made taxpayers within Area 7 will be disenfranchised.

Schools represented are:

  • Arroyo Vista K-8 School
  • Bathgate Elementary School
  • Castille Elementary School
  • Philip Reilly Elementary School
  • Tijeras Creek Elementary School
  • Wagon Wheel Elementary School
  • Newhart Middle School
  • Tesoro High School

Tesoro High School is facing huge impactions issues as the result of the Ranch development. Mello Roos taxpayers in Ladera Ranch are being denied seats that they are legally entitled to in order to accommodate Ranch students. 

 

Agenda Item #17 Certification of the 2016-17 Second Interim Report and Adoption of Resolution No 1617-57, 2016-17  Revenue and Expenditure Increase/Decreases. page 191

Staff is asking the Board to approve CUSD's Second Interim Financial Report and to Certify that the District will be able to meet its financial obligations and required reserve levels for the current and subsequent two fiscal years.

Learn More

Board Audio at 91:27

Presentation by Clark Hampton

Fiscal Status as of January 1, 2017

Reduction in funding for next year of $6 million. CUSD needs to cut $6 million dollars for 2018.

8% Reserves. 

POSITIVE CERTIFICATION means the District will be able to meet its financial obligations for the current and subsequent two years.

at 95:33

BLUE CARD Dawn Urbanek

Staff recommends approval of 2016-17 2nd Interim Report with a POSITIVE Certification. This means that based on current projections, CUSD will be able to meet its financial obligations for the current fiscal year and subsequent two fiscal years.

For 2017-18 CUSD has to cut $6,048,716 from its 2017-18 budget.

CUSD uses a "MULTI-PRONGED" Approach to balancing its budget.

STEP ONE: The budget starts with projected increases in salaries, health and welfare costs, as well as step & column salary increases.

If there is a budget short fall (in this case $6 million) after compensation increases then CUSD makes cuts to the budget by:

STEP TWO: Starting with unilateral reductions in staffing and programs at the district level.

In this case, CUSD cut books and supplies by $6 million to balance its budget.

then

STEP THREE: Backs into negotiated concessions from all employee groups. (not necessary this time) 

IN A NUT SHELL- CUSD fakes a POSITIVE CERTIFICATION by cutting books and supplies and borrowing from its reserves to provide employee compensation increases.

If CUSD funded art, music and science for every student rather than rely on fundraising and donations the district would be financially bankrupt.

If Class sizes were reduced to reasonable levels and the District did not have 8,555 students beyond it's legal capacity, the district would be financially bankrupt.

If CUSD paid for the $889 million dollars in repairs and maintenance that it has deferred then the district would be financially bankrupt.

CUSD should be filing a NEGATIVE CERTIFICATION.

Trustees should not approve this resolution.

at 98:45 STAFF just starts talking about the Capo Valley Basketball game.

at 99:28

Motion and Resolution moved by Trustee Reardon Second by Trustee Hanacek WITHOUT A SINGLE COMMENT 

Motion passes 5-0-2

THIS ITEM HAS BEEN REMOVED FROM THE AGENDA

Agenda Item #18 FIRST READING Board Policy 0420.4, Charter School Authorization page 339

 

 

NO RIGHT TO PRIVACY IF YOU ARE A PUBLIC SCHOOL STUDENT

Agenda Item #19 SECOND READING - Board Policy 5310, Student Records page 359

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Board Audio at 100:20

Presentation by Dr Holiday 

The price of copies for transcripts be reduced to be in accordance with the law.

101:16

BLUE CARD Dawn Urbanek

CUSD is data mining students. 

This policy allows organizations (aka for-profit companies) conducting studies on behalf of CUSD to have access to a students personally identifiable information WITHOUT parent consent, due to a loophole signed into law by President Obama in January 2015.

This policy; as written, is weak, and allows for-profit companies that contract with CUSD to have access and control over an individual students personally identifiable information. Information that used to be protected by FERPA laws.

It should be made stronger by incorporating Senate Bill 1177 and Assembly Bill 1584 into the policy.

There have been data breaches. Poway, and CUSD has names address and social security numbers for employees on your asbestos compliance documents.

at 102:35 Trustee McNicholas asks for clarification.

at 102:48 Dr Holiday - starts discussing "Directory Information" under FERPA laws.

at 103:32 Trustee Holloway - can you please explain FERPA- that act allows parents to decline to provide this information is they choose.

104:08 Trustee Hanacek - and at 18 they turn that off which is a shock to parents.

at 104:35 Trustee McNicholas - can you follow up regarding social security numbers on web sites. 

at 104:55 Trustee Reardon - there is a growing industry of buying and selling information. This is a HOT Topic. Sharing student data with for-profit companies. We have a single student identifier. So students can be tracked, the information is used and sold. We should be looking at creating unique student identifiers that do not correspond to protect students. 

at 108:00 Superintendent Vital- we take this very seriously. We have not talked about a unique student identifier. Parents have some responsibility to protect their kids as well.

at 109:19 Dr Holiday - we have confidentiality agreements with all of our for-profit vendors.

at 109:52 Trustee Reardon - Naviance needs a separate student generator.

at 111:00 Trustee Holloway - make sure parents understand how the information is used and their ability to OPT out.

at 111:58

Motion and Resolution moved by Trustee Reardon Second by Trustee Holloway 

Motion passes 5-0-2

Agenda Item #20 THIRD READING - Board Policy 5112 Absences and Excuses page 368

Learn More

Board Audio 112:20

Presentation by Dr Holiday 

Added language about 18 year olds can sign themselves out of school

at 113:57 Re: Naviance - parents cannot OPT OUT

BLUE CARD Dawn Urbanek

at page 369

9. Students shall not be absent from school without the knowledge or consent of a parent or guardian except in cases of medical emergency or confidential medical appointment.

Students should NEVER be absent from school without the knowledge or consent of a parent or legal guardian.

Attorney General Opinion 87 Ops. Cal Atty. Gen. 168, 172 (2004), Education Code Sections 46010.1, 48205

Education Code section 48205 requires schools officials to excuse students from school to attend confidential medical appointments. The school cannot require that the student have parent or guardian consent in order to attend the appointment and cannot notify parents or guardians. Confidential appointments are appointments to receive services that minors can obtain on their own consent under state or federal law.

Education Code Section 46010.1 requires school districts to “notify pupils in grades 7-12 inclusive and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian.” 

Parent Resource: https://youthlaw.org/wp-content/uploads/2016/01/FAQ-ConfidentialMedicalRelease-11-2015.pdf

at 116:14 Superintendent Vital- need to clarify this for parents.

at 116:47 This policy does reflect the law we have to include this.

at 117:00 Unfortunately in California the Attorney General's Opinion is considered law. We spent a lot of time on this - did the Task Force come up with anything else?

118:02 Trustee Holloway - a Board Up-date does not get this information to the Public. Can we find a way to get this information to the Public. 

Staff is going to add the legal reference to the Board Policy.

Motion and Resolution moved by Trustee Reardon Second by Trustee Holloway 

Motion passes 5-0-2

Agenda Item #21 RESOLUTION NO 1617-61 Reduction or elimination of particular kinds of services performed by certificated employees page 376

Learn More

Board Audio at 118:50

Presentation by Gordon Anderson

Due to necessary budget cuts Staff is asking Trustees to eliminate the following positions:

Instructional Services:

  • Mild/Moderate 1 FTE

Instructional Support Services:

  • Nurse 1 FTE
  • Psychologist 5 FTE

Administrative Services:

  • Assistant Principal, Elementary 1 FTE
  • Program Specialist 1 FTE

Total 11 FTE

Actual number of notices that need to go out will not be 11, it will be significantly less.

at 121:19 BLUE CARD - Sally White (CUEA President) - Retirees would help  mitigate some of these lay-offs. We have 559 teachers that are 55 and older. 200 have worked at least 25 years in the district. These 200 teachers can retire at maximum retirement and they may be willing to retire early if we can help them. Then we have another 250 teachers that are getting closer to their 25 years. We need to maximize the training and mentoring of new teachers coming in. Right now we hare spending a lot of money to train veteran teachers who will be leaving. We would be much better off to be training new teachers who could use this training for the next 20 years, not just one or two years.

at 123:50 

Scott Clark - a teacher at Laguna Niguel Elementary School - services at Coast Church - it would be nice if someone from the District would attend.

at 124:24  

Motion and Resolution moved by Trustee Reardon Second by Trustee Hanacek 

Motion passes 5-0-2

 

* NOTE CUEA will be asking CUSD to offer an early retirement to 200 teachers. Article 15 of the Contract

 

MOTION TO ADJOURN 

at 123:03

Motion by Trustee Hanacek, Second by Trustee Reardon 

Meeting ends at 9:06 pm