December 6, 2017 CUSD BOT Meeting: CLOSED SESSION: Agenda Item #B-1


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. 

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.