CUSDWatch Comment 

(TAP) Teaching Assistant Principals 

Currently CUSD has two types of TAPs'

TAP I positions do not require an administrative credential. These are "teachers" who are part of CUEA... the teachers union aka Capistrano Unified Education Association. TAP I employees receive a stipend of $1,000 per year.

Tap II positions require an administrative credential. These people are part of CUMA- Capistrano Unified Management Association. CUMA members do not pay Union dues. TAP II employees receive a stipend of $2,000 per year.

If the Board approves this Item the revision will create a single TAP classification and all TAPS will become members of CUEA.

Financial Implications: Staff has worked to create a cost-neutral recommendation through Administrative Regulation.

Increasing Dues paying members in the Teachers Union is usually NOT in the best interest of taxpayers and students. There is no explanation as to why this would benefit the education of students.

CUSDWatch Comment 

Source: California Department of Education - Mandatory Expulsion

Education Code 48915(c) requires mandatory expulsion for the following:

Act must be committed at school or school activity.

1. Firearm Possessing firearm when a district employee verified firearm possession and when student did not have prior written permission from a certificated employee which is concurred with by the principal or designee.

Selling or otherwise furnishing a firearm.  

Ed Code Section 48915(C)(3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code

Staff is suggesting a change in policy from mandatory expulsion as required by law, to suspension or alternative to suspension.

The proposed changes violate Ed Code Section 48915(C)(3) and should not be approved by Trustees.

Although California law, mandates a "Zero Tolerance Policy" for specific on campus violations; the law is no longer being enforced in the Capistrano Unified School District, as evidenced by the lack of expulsions for the number of individuals committing these offenses.

Data for CUSD:

CUSDWatch: Lax School Discipline Policies may be the cause of Increased Drug Activity, School Shootings and Violence on Campuses.

CUSDWatch Comment

State and Federal Law require public schools to provide equal rights and opportunities to all persons in protected classes.

The District is required by law to notify parents and guardians of their children’s right to a free public education in an environment that is free from discrimination.

California Law requires CUSD to send notifications in 3 languages - English , Spanish and Farsi

Federal Protected Classes- Education

Federal Law prohibits Discrimination in Public Schools based on Sex, Race and National Origin,  Age, Disability and ensures Equal Access to the Boy Scouts of America.

State Protected Classes - Education 

California Education Code Section 200 was amended January 1, 2018 to broaden the class of people that are protected from discrimination to include Gender, gender identity and gender expression.

It is 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 characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor.

In 2017 California Assembly Bill 699 added "Immigration status" as a protected class.

California Education Code Section 48985(a)

(a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language.

CUSDWatch Comment 

CUSD has added new cites to Board Policy entitled "Management Resources". These cites are NOT LEGAL AUTHORITY and do not belong on Board Policies.

CSBA as an example:

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

CSBA Advocacy Positions  

CUSDWatch Comment 

Assembly Bill 699, signed into law in October 2017, expressly added “immigration status” as specified protected characteristic for purposes of anti-discrimination and equal protection laws in schools. This proposed revision of Board Policy 5180, Nondiscrimination, bring this policy in alignment to recent changes in law.  

This policy must be translated in the student’s primary language if at least 15 percent of the students enrolled in the school speak a single primary language other than English. CUSD must translate this policy into Spanish and Farsi.

The proposed changes seek to empower school districts to govern "off campus" and "outside of school-related or school sponsored activities" 

Board Agenda page 996

This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school. (Education Code 234.1) 

New Recording Keeping Requirements 

Board Agenda page 996

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the District to monitor, address, and prevent repetitive prohibited behavior in District schools

CUSDWatch Comment 

CUSD has added new cites to Board Policy entitled "Management Resources". These cites are NOT LEGAL AUTHORITY and do not belong on Board Policies.

CSBA as an example:

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

CSBA Advocacy Positions  

CUSDWatch Comment

Source: California Department of Education - Mandatory Expulsion

CUSDWatch Comment 

CUSD has added new cites to Board Policy entitled "Management Resources". These cites are NOT LEGAL AUTHORITY and do not belong on Board Policies.

CSBA as an example:

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

CSBA Advocacy Positions  

CUSDWatch Comment

How is extended day kindergarten funded? Does this take education dollars away from educational programs for 1st - 12th grade students? 

CUSDWatch Public Records Request

I.  According to CUSD's Website, in 2018 CUSD offered extended day kindergarten at 9 elementary schools:

Clarence Lobo
Del Obispo
Harold Ambuehl
Hidden Hills
Kinoshita
Marblehead
R.H. Dana
Wagon Wheel
Wood Canyon 

The Website also states that:"In the Fall of 2019, every elementary school in the District will offer Extended Day Kindergarten.”According to the CDE Website: “Local educational agencies do not receive additional apportionment funds to lengthen the kindergarten day.”

PUBLIC RECORDS REQUEST #1: How much did CUSD spend to extend the Kindergarten school day at the nine schools listed above.
 
PUBLIC RECORDS REQUEST #2: Where did this funding come from?  

III. On February 13, 2018 CUSD approved a 3- year retroactive Tentative Agreement with the Capistrano Unified Education Association (CUEA) for the period July 1, 2016 - June 30, 2019

Article 23 of that agreement entitled:

ARTICLE 23- Extended Day Kindergarten

("EDK")Extended day kindergarten may be offered at up to 11 of the following elementary school sites: 

Carl Hankey
Clarence Lobo
Del Obispo
Harold Ambuhel
Hidden Hills
Kinoshita
Marblehead
RH Dana
Tiejeras Creek
Wagon Wheel
Wood Canyon

So from CUSD's Website:

2017-18 CUSD funded extended day kindergarten at 9 schools

2018-19 CUSD will fund extended day kindergarten at 11 schools

2019-20 CUSD will fund extended day kindergarten at all elementary schools. 

2019 -20 Is a NEW NEGOTIATED ITEM 

When did the Public receive notice that new contract negotiations had begun?

According to CUEA Website the current contract is for the period 2015- 17 and it does not contain Article 23

According to CUEA Website a new contract for the period 2017-19 will be coming soon.

CUSDWatch Comment 

California Education Code 48907

(a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.

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 

Result's on Financing for Pacifica San Juan CFD 98-1A and 98-1B

Negotiated Sale with Hilltop Securities on May 10, 2018.

Interest Rate 3.8%

40% of Bonds were unsold at proposed interest rates.

Options:

Increase Interest Rates to entice more sales.

Hilltop underwrites all unsold bonds- Hilltop assumes risk that interest rates will go up.

• Place of Sale: California
• Type of Security: CFD Bonds
• Tax Exempt
• Date of Sale April 10, 2018 - May 9, 2018 (May 10, 2018)
• AV- to - Lien Ratio: 8:1 to 16:1 

Similar Sales:

City of Lake Elsinore CFD 2003-2

Jurpa Community Services District CFD 48

Jurupa Unified School District CFD 7

Jurupa Unified School District CFD 8

Murrieta Valley Unified School District

Bond Debt Service is Repaid over Time with CFD Tax Revenue 

• 110% Coverage Ratio
• Escalation Rate 2%
• CFD 98-1B term is 30 years
• CFD 98-1A to be retired by 2043-44
   

98-1A

Bond Issuance Rate $8,670,000

Up-front Costs $233,919

Debt Service Reserves $683,855

Capitalized Interest Fund $171,841

Premium Discount $153,717

Mitigation Funds $7,426,668

Allocation to District $3,713,384

Allocation to City $3,713,384

*Note: Upfront costs include underwriter's discount, bond counsel, disclosure counsel, general counsel, financial advisor, special tax consultant, fiscal agent, developer reimbursement, and misc. expenses.

98-1B

Bond Issuance Rate $4,830,000

Up-front Costs $288,626

Debt Service Reserves $351,995

Capitalized Interest Fund $111,333

Premium/Discount $119,582

Mitigation Funds $3,959,465

Allocation to District $1,979,282

Allocation to City $1,979,282

*Note: Upfront costs include underwriter's discount, bond counsel, disclosure counsel, general counsel, financial advisor, special tax consultant, fiscal agent, developer reimbursement, and misc. expenses.

Total Allocation CFD 98-1A and 98-1B $5.7 million to City of San Juan Capistrano and $5.7 million to CUSD

CUSDWatch Comment

AB 329 California Heathy Youth Act does not apply to Charter Schools or Private Schools. 

CUSDWatch Comment

AB 2601 will force Charter Schools to comply with the same Comprehensive Sexual Health Education

Active Bill - In Committee Process On 6-27-18  Read second time and amended. Re-referred to Com. on APPR.

CUSDWatch Comment

The Problem is with the OPT OUT.

“Comprehensive sexual health education” means education regarding human development and sexuality, including education on pregnancy, contraception, and sexually transmitted infections (Education Code §51931)"

These "subjects" can be opted out of by parents: Pregnancy, Contraception and STIs.

However, when you embed "sexual instruction" into "gender studies" parents can not OPT OUT.

In addition to health; sexual instruction under the title of gender studies is being embedded into classes like science and history, making parental control over the discussion of topics that many feel are not medically accurate or age appropriate almost impossible to invoke.

See: CUSDWatch: After 8 Hour Board Meeting OCDE Attorney Confirms that Parents Cannot OPT OUT of Controversial Sex Education Curriculum

See: CUSDWatch: OCDE Legal Memo- Parents Cannot Opt Children Out of Controversial Sex Education Curriculum

Oral Communications from the June 20, 2018 CUSD BOT Meeting

Board Audio at 19:00 Susan McCabe mother of 4 CUSD students. She expressed grave concerns over Teen Talk curriculum. Not medically accurate or age appropriate. Example- teaching that anal sex will reduce STD's. Teaching students about dental dams.

Board Audio at 22:20 Michelle McNutt Nurse and "progressive sex positive parent" who sits on the Sex Education Task Force Team. Advocate for Teen Talk. A handful of Task Force members wanted to rewrite curricula to include abstinence only until hetrosexual marriage lessons. This new curriculum is called SRA "Sexual Risk Avoidance". SRA lessons are illegal in the State of California. Was oppose to Pragger U video called "Gender Identity, Why all the Confusion?" Concerned about the legitimacy of the task force. These members are not here in good faith. Please do not let the personal beliefs of a fear mongering groups derail efforts to implement CHYA (California Healthy Youth Act)

Board Audio at 26:25 Dr Amy Wickstrom Child Therapist and mother of 5 small children. Greatful for the task force. Written two different sex ed curriculum and she has worked in Africa Dominican Republic and Hatti. Research supports that abstinence is the a good choice for adolescents. She is a Christian and supports Christian values.

Board Audio at 28:06 (Name not audible) Children's brains are not fully developed until age 25. She does not feel children in public school should not be exposed to what is essentially soft porn in the classroom at such early ages. Parents must be empowered to protect their children and make the decision as to what is age appropriate content.