December 6, 2017 CUSD BOT Meeting: CLOSED SESSION

Board Audio at 4 minutes 31 seconds

Trustee Reardon is teleconferencing in to the meeting

Trustee Jones is absent.

The following revisions are being made to the Agenda as posted:

Item #11 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS will be pulled by Staff and resubmitted at the January 24, 2017 board meeting. NO Contracts will be approved at this meeting.

Item #14 AWARD BID NO. 1718-12, SAN CLEMENTE HIGH SCHOOL UPPER CAMPUS DEMOLITION – STANDARD INDUSTRIES, INCORPORATED has been revised and a handout is available. The new item reflects the demolition plan for San Clemente High Schools upper campus which was NOT originally included in the agenda.

Item #24 EMPLOYEE MILEAGE ALLOWANCE - Clerical Revision for Director II "Technical" Services Not "Technology" services.

Item #31 BOND MEASURE CONSIDERATION - The Bond timeline did not print out accurately - a summary of the timeline is in the back of the room.

Item #33 UPDATE ON SOLAR ENERGY PROJECTS AND REQUEST FOR PROPOSALS RESULTS Staff has made up-date to the Solar project - the Cash Flow details are in the back of the room.

THE FOLLOWING REVISIONS CONSTITUTE BROWN ACT VIOLATIONS:

Staff is making material changes to the board item at the meeting with handouts that are placed in the back of the room. The Brown Act requires agenda items to be published 72 hours in advance of the meeting.

Item #14 AWARD BID NO. 1718-12, SAN CLEMENTE HIGH SCHOOL UPPER CAMPUS DEMOLITION – STANDARD INDUSTRIES, INCORPORATED has been revised and a handout is available. The new Item reflects the demolition plan for San Clemente High Schools upper campus. 

Item #31 BOND MEASURE CONSIDERATION - The Bond timeline did not print out accurately - a summary of the timeline is in the back of the room.

Item #33 UPDATE ON SOLAR ENERGY PROJECTS AND REQUEST FOR PROPOSALS RESULTS Staff has made up-date to the Solar project - the Cash Flow details are in the back of the room.

 Motion to adopt the agenda with the revisions:

Moved by Trustee McNicholas

Second by Trustee Bullockus

The adoption of the Agenda is approved 6-0-1 (Trustee Jones is absent)

 

REPORT OUT FROM CLOSED SESSION

Board Audio at 7 minutes 45 seconds

Board Audio at 7 minutes 45 seconds

Trustees vote 6-0-1 (Trustee Jones Absent) to Settle the Claim in Item A

 

Board Audio at 7 minutes 55 seconds

Trustees gave direction to staff

Cal200 v. Apple Valley USD, et al.

San Francisco Superior Court Case No. CPF-15514477

Education Code Section 51210(g) places a ministerial duty on all California school districts to adopt a course of study, beginning in Grade one and continuing through grade six, that includes physical education "for a total period of time of not less than 200 minutes each 10 school days, exclusive of recesses and lunch period". Education Code Section 51210 (g) also places a ministerial duty on all California school districts to provide students with not less than 200 minutes of physical education each 10 school days.

Filed in San Francisco Superior Court, the suit, Cal200 and Marc Babin v. Apple Valley Unified et al., charges the districts with failing to provide elementary school students with a minimum of 200 minutes of physical education instruction every 10 days, as required under the California Education Code.

The lawsuit also charges that the California Department of Education encouraged districts to falsify data.

The lawsuit used teacher schedules on district web sites as evidence that students were not receiving the PE as required. 

Board Audio at 48 seconds

BLUE CARD: Dawn Urbanek

On January 26, 2016 I presented the CUSD BOT with a presentation entitled to "Fundraising for Core Educational Programs" and asked that CUSD meet it's statutory and constitutional obligation to fund all Core Educational programs as identified in Education Code Section 51210 and 51220. 

While the lawsuit that is the subject of this closed session item only pertains to PE - this lawsuit should be expanded to include Art - Music - and Science, core educational programs that CUSD no longer funds.

CUSD relies on fundraising and donations to pay for Art - Music - Science and now PE.

Using one-time money to pay for on-going core educational programs creates wealth based inequities within the district that violate the Civil rights of students. Students whose parents cannot fundraise for these programs go without. 

When parents are forced to fundraise for core educational programs that the district is constitutionally and statutorily obligated to provide (year after year... after year), it becomes a tax upon the public. A new tax for a service that the State/District is already constitutionally obligated to provide. Such taxation is "taxation without representation" and a "double tax".

Taxpayers within CUSD should expand this lawsuit to include art - music and science.

The law suit should not be limited to PE. 

 

Board Audio at 8 minutes 

Trustees vote 6-0-1 (Trustee Jones Absent) to approve OAH Case Number 2017080906

Board Audio at 8 minutes 14 Seconds 

Trustees gave direction to staff

Board Audio at 2 minutes 25 seconds

BLUE CARD: Dawn Urbanek 

When discussing CUSD's financial position with employee bargaining units, please keep in mind that CUSD has $200 million dollars in EMERGENCY facility repairs and maintenance that must be included in the current budget and is not. 

Williams Complaints have been filed on all San Clemente Schools + Tesoro High School and RH Dana. 

The district is not currently funding art- music- science and the minimum required PE.  That is the subject of the law suit referenced in Closed Session Agenda Item #B-1 Funding for these core educational programs are the responsibility of CUSD and should be included in CUSD's budget when considering compensation increases for employees.

 

Board Audio at 8 minutes 22 Seconds 

Trustees voted 6-0-1 (Trustee Jone Absent) to reject the following Claims:

Government Claim #LBI 1704063

Government Claim #LBI 1704255

Government Claim #MH/LBI 1704256

Board Audio at 8 minutes 48 Seconds 

Trustees voted 5-0-2 (Trustee Jone Absent- ? Trustee) to expel student #2018-011

Board Audio at 8 minutes 54 Seconds 

Trustees voted 5-0-2 (Trustee Jone Absent- ? Trustee) to readmit the following cases:

Case Number 2017-028

Case Number 2017-041

Board Audio at 9 minutes 08 Seconds 

Trustees voted 5-0-1 (Trustee Jone Absent) to approve Staff recommendations

Board Audio at 9 minutes 26 Seconds 

No Reportable Action

 

 

HANDOUT: Item #14 SAN CLEMENTE HIGH SCHOOL UPPER CAMPUS DEMOLITION PLAN

HANDOUT: Item #24 EMPLOYEE MILEAGE ALLOWANCE

 

 

HANDOUT: Item #31 BOND MEASURE CONSIDERATION

 

HANDOUT: Item #33 UPDATE ON SOLAR ENERGY PROJECTS