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This Board meeting agenda is 1036 pages long and has 59 Items on it.

The Important business does not even get discussed until 2 or 3 hours into the meeting because Staff always puts an hour to an hour and a half of awards and presentations at the front. By the Time Trustees vote on important items it is late, they are tired and they rush to finish. This is not fair to students and taxpayers.

It is Trustees that are elected to represent the interests of taxpayers and students. 

Staff has no fiduciary duty to represent taxpayers or students. 

When tired Trustees rely on staff recommendations, it is often not what is in the best interest of educating students. 

For example: Staff has recommended 5 consecutive years of across the board compensation increases totaling over $150 million dollars while CUSD has facilities that need $189 million in "Emergency" repairs and maintenance.

See: Kitchell School Facilities Condition Report

July 25, 2018 CUSD BOT Meeting: INFORMATION/DISCUSSION/ACTION
CUSD DID NOT REVOKE OPAs' CHARTER 

AGENDA ITEM #50 FIRST READING - BOARD POLICY 4305, TEACHING ASSISTANT PRINCIPALS

Board Agenda page 977 

Board Audio at 33:09

More Information

A motion to waive SECOND READING passed 7-0. Then the Board Voted 7-0 to approve Staff Recommendation to approve Board Policy 4305

Board Audio at 33:27 Staff Presentation: Tim Brooks

Board Audio at 34:35

Motion by Trustee Jim Reardon to Waive Second Reading on this Item

Second by Vote 7-0 to waive SECOND READING

Board Audio at 34:43 Trustee Patricia Holloway re: Stipend paid to TAP of $2,000.00

Staff is working on cost neutral funding.

Board Audio at 35.26 Trustee Amy Hanacek Congratulate Superintendent Vital for promoting from within. Are we still doing leadership academies.

Board Audio at 36.22 

Motion to Approve the Item by Trustee Patricia Holloway

Second by Trustee Jim Reardon 

The Item Passes 7-0

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.

 

OFORD PREP ACADEMY CHARTER REVOCATION

AGENDA ITEM #48  MEMORANDUM OF UNDERSTANDING WITH OXFORD PREPARATORY ACADEMY  

Board Agenda page 935  

Board Audio at 21:31

More Information

The Board unanimously approved the Districts Memorandum of Understanding with OPA and will not Revoke OPA's Charter. 800 Children get to keep their school!

On July 11, 2018, the Board conducted a public hearing on the issue of whether evidence exists to revoke OPA’s charter in accordance with Education Code § 47607(e).

In lieu of proceeding with the revocation of OPA's Charter which would force the closure of OPA mid year, the parties have agreed to work together to execute an MOU that would allow OPA to complete the 2018-19 academic school year while OPA can provide CUSD with additional information regarding that has been requested. OPA's charter expires at the end of the school year. If CUSD is not confident in OPA's restructuring then a Charter Renewal will not be granted.

Board Audio at 22:00 Staff Presentation: Dr. Susan Holiday

OPA has signed the MOU. Staff moves approval of the Agreement. OPA's Charter will not be revoked. OPA's Charter comes up for renewal at the end of the 2018-19 School Year. If OPA meets the conditions of the MOU, the District will consider OPAs renewal petition at the end of the school year.

BLUE CARD

Board Audio at 22:00 Kathleen Daughterty Interim Executive Director Oxford Prep and Oswaldo Diaz Supports Board Approval of MOU

Board Audio at 24:45 Joseph Haney Chairman of OPA Board of Directors Supports Board Approval of MOU

Board Audio at 27:25  Kevin Mueller Parent of OPA. Supports Board Approval of MOU

Board Audio at 30:19 Motion to Approve MOU by Trustee Reardon

Board Audio 30:28 2nd by (inaudible)

Board Audio 30:38 Trustee Jim Reardon Thanked everyone for working together.

Board Audio 30:58 Trustee Gila Jones addressed OPA families in the audience. Your current Board deserves your support and hopefully there will be parents and grand parents that will step up as candidates in the future.

Board Audio 31:50

Motion to Approve MOU passed 7-0

OFORD PREP ACADEMY CHARTER REVOCATION

AGENDA ITEM #49   RESOLUTION NO. 1819-02, FINAL DECISION ON REVOCATION OF OXFORD PREPARATORY ACADEMY CHARTER PURSUANT TO EDUCATION CODE § 47607 (e) AND CALIFORNIA CODE OF REGULATIONS, TITLE 5, § 11968.5.2 (ENCLOSURE)

Board Agenda page 947 

Board Audio at 32:05

More Information

This item will only be voted on if the MOU in Agenda Item #48 is not approved.

This Item was not heard

Superintendent Vital withdrew Item #49 from the Agenda because the MOU in Item #48 was approved.

Board Audio at 32:53 Trustee Gila Jones thanks Staff for there hard work.

 

AGENDA ITEM #51 FIRST READING – BOARD POLICY 5143.2, ALCOHOL AND OTHER DRUGS:  

Board Agenda page 979  

Board Audio at 36:37

More Information

Motion to waive SECOND READING passed 7-0. Then the Board Voted 7-0 to approve Board Policy 4305 

Board Audio at 36.45 Staff Presentation: Dr. Susan Holiday

Board Audio at 37:55 Motion to Waive SECOND READING by Trustee Jim Reardon

Second by Trustee Amy Hanacek

Motion to waive SECOND READING  Passed 7-0

Board Audio 38:20 Trustee Patricia Holloway re: terminology. Consistency with the term Controlled Substances.

Discussion-

Board Audio 39:44 Motion to Approve Board Policy 5143.2 by (inaudible) 

Second (inaudible)

Board Voted 7-0 to approve Board Policy 4305 

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.  

2. Brandishing a knife at another person.
 
3. Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.
 
4. Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.
 
5. Possession of an explosive. 

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.

 

AGENDA ITEM #52 FIRST READING – BOARD POLICY 0410, NONDISCRIMINATION IN DISTRICT PROGRAMS AND ACTIVITIES:

Board Agenda page 989  

Board Audio at 39:52 

More Information

Motion to waive SECOND READING passed 7-0. Then the Board Voted 7-0 to approve Board Policy 0410 

Board Audio at 39:54  Staff Presentation: Dr. Susan Holiday

Board Audio at 41:03 Trustee Jim Reardon asks about Record Keeping

Board Audio at 41:43 Trustee Patricia Holloway asks about Record Keeping

Board Audio at 42:40 Trustee Patricia Holloway refers to ADA Coordinator - define ADA for the Public (American Disability Act)

Board Audio at 43:48 Trustee Jim Reardon comment regarding what appears to be duplicate policies

Board Audio at 44:35 Trustee Amy Hanacek are social economically disadvantages students a protected class under this policy?

Board Audio at 44:35 Trustee Gila Jones Are we going to waive Second Reading?

Board Audio at 45:59 Motion to Waive Second Reading by Trustee Patricia Holloway

Second by Trustee Jim Reardon

Board Voted 7-0 to approve Board Policy 0410 

Board Audio at 46:12

Motion to Approve Board Policy 0410 by Trustee Jim Reardon

Second by Trustee Martha McNicholas

Board Voted 7-0 to approve Board Policy 0410

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  

 

AGENDA ITEM #53 FIRST READING – BOARD POLICY 5180, NONDISCRIMINATION:

Board Agenda page 994  

Board Audio at 46:25

More Information

Motion to waive SECOND READING passed 7-0. Then the Board Voted 7-0 to approve Board Policy 5180

Board Audio at 46:55 Motion to waive SECOND READING by Trustee Reardon

Second By Trustee Martha McNicholas 

Motion to waive SECOND READING  Passed 7-0

Board Audio at 47:22 Motion to approve Board Policy 5180 by Trustee Jim Reardon

Second by Trustee Holloway

Board Voted 7-0 to approve Board Policy 5180 

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  

AGENDA ITEM #54 FIRST READING – BOARD POLICY 5183, SEXUAL HARASSMENT:

Board Agenda page 1001  

Board Audio at 47:45

More Information

No action was taken this Policy will be brought back for a SECOND READING

Board Audio at 48:30 Trustee Gila Jones asks if the SECOND READING should be waived?

Board Audio at 48:46 Trustee Amy Hanacek Comment Difference between harassment and bullying.

Discussion

Board Audio at 50:47 Comment Trustee Martha McNicholas

Discussion

Board Audio at 51:13 Comment Trustee Jim Reardon Comment- the definition of Sexual Harassment is not included in this policy. 

Discussion

Board Audio at 53:53 Comment Trustee Patricia Holloway re: all incidents are to be reported even if the victim does not complain

No action was taken this Policy will be brought back for a SECOND READING

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.

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.

Brandishing a knife at another person.
 
Unlawfully selling a controlled substance listed in Health and Safety Code Section 11053 et. seq.

Committing or attempting to commit a sexual assault as defined in subdivision (n) of EC 48900 or committing sexual battery as defined in subdivision (n) of 48900.

Possession of an explosive.

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 

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  

EXTENDED DAY KINDERGARTEN

AGENDA ITEM #55 FIRST READING – BOARD POLICY 6112, SCHOOL DAY:

Board Agenda page 1007  

Board Audio at 51:45   

More Information

Motion to waive SECOND READING passed 7-0. Then the Board Voted 7-0 to approve Board Policy 6112

Board Audio at 55:52 Motion to waive SECOND READING by Trustee Reardon

Second By Trustee Patricia Holloway

Motion to waive SECOND READING  Passed 7-0

Board Audio at 56:10 Motion to approve Board Policy 5180 by Trustee Jim Reardon

Second by Trustee Martha McNicholas

Board Voted 7-0 to approve Board Policy 5180 

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? 
 

II.  According to CUSD's Website:
 
 "In the Fall of 2019, every elementary school in the District will offer Extended Day Kindergarten.”
 
PUBLIC RECORDS REQUEST #3: How much will it cost for CUSD to extend the Kindergarten school day at all 53 elementary school sites?

PUBLIC RECORDS REQUEST #4: Where will 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.

PUBLIC RECORDS REQUEST #5: Please provide me with a copy of Article 23 as executed and also include any negotiated amendments.
 
PUBLIC RECORDS REQUEST #6: How did the 3- year retroactive tentative agreement that was approved on February 13, 2018 turn into two, two-year agreements?
 
PUBLIC RECORDS REQUEST #7: When did the Board of Trustees approve extended day kindergarten for all elementary schools? 

PUBLIC RECORDS REQUEST #8: If the Board has not approved this why is it being promoted on the Districts web site for the fall of 2019?

 

AGENDA ITEM #56 FIRST READING – BOARD POLICY 6145.3, PUBLICATIONS:

Board Agenda page 1010  

Board Audio at 56:40  

More Information

No action was taken this Policy will be brought back for a SECOND READING

Board Audio at 58:25 Comment Trustee Amy Hanacek re: Clarification of approval of "Editorial" comment. 

Discussion re: who approves content of school newspaper 

Board Audio at 1:01:11 Comment Trustee Gary Pritchard Faculty Advisors - Student Editors -Publication Staff- who determines content.

Board Audio at 1:02:23 Comment Trustee Martha McNicholas definition of "editorial".

Board Audio at 1:03:03 Comment Trustee Jim Reardon "Editorials" are the opinion of the Publication they are not bylined Opinion Pieces are bylined

Board Audio at 1:03:40 Comment Patricia Holloway limits on advertising no drugs  use the word "Controlled Substances"

No action was taken this Policy will be brought back for a SECOND READING

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.

This issue came up when the San Juan Hills High School Express Newspaper printed an expose on sex. "Relationships & Sex in High School"

Is a school newspaper an appropriate venue for an expose on Relationships & Sex in High School that feature headlines like "Popping the Cherry of the Virginity Myth" and "Do I look Slutty?" and "Let's Talk about sex, baby...

 

Board Audio at 0:00:24 Sally White- President of the CUEA (Teachers Union) spoke on behalf of the Teacher/Advisor that oversaw the Stallion Newspaper.

She expressed her concern about an e-mail that was sent out regarding a Face Book post regarding San Juan Hills High School Newspaper article on Relationships & Sex in High School.

She learned about it from her daughter and a friend who said that there were hundreds of angry responses on the Ladera Ranch Face Book page regarding the article and that hundreds of angry parents with pitch forks were ready to storm the school.

She met with the member. She wanted this to be resolved as quickly as possible to avoid controversy.

An investigation was initiated and a decision was made a few hours later.

Her concern.

Both the students and this advisor have been thrown under the bus while their first Amendment Rights have been down played. I was told by Staff this afternoon that this teacher who was named by the District is out on Administrative leave and that this District has already decided that he violated Board Policy. This is a confidential personnel matter. I was called and asked not to make this a public matter. To late. We are not the ones that took this public. My concern is that we now have a teachers who understands that their district and their administrators will not have their back if there is any controversy at a time when parents find controversy in everything. This does not feel like the spirit of collaboration. We would have appreciated a call BEFORE this unfortunate e-mail was sent out.

March 14, 2018 Special Board Meeting 

Board Agenda

Board Audio at 0:00:00

Board Audio at 0:00:24 PUBLIC COMMENTS 

TRUSTEES YOU BETTER TAKE A CLOSER LOOK AT THIS - Did you know that CUSD has 301 students at Kinoshita that are homeless. 72 at RH Dana are homeless.

AGENDA ITEM #57   RESOLUTION NO. 1819-01, REQUEST FOR WAIVER – EXEMPTION FROM UNIVERSAL MEAL SERVICE:

Board Agenda page 1014  

Board Audio at 3:14:01

More Information

This was an Information/ Discussion Item only. No action will be taken by the Board. This Item must be brought back to a second meeting.

RH Dana Kinoshita

Board Audio at 3:18:06 Comment Trustee Jim Reardon. Can you provide us with the cost to the General Fund if the Waiver is not granted.

Discussion

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?

AGENDA ITEM #58  FINANCING RESULTS FOR THE PACIFICA SAN JUAN COMMUNITY FACILITIES DISTRICT

Board Agenda page 1017  

Board Audio 3:23:45

More Information

This was an Information/ Discussion Item only. No action was taken by the Board

Presentation by Keith Weaver Government Financial Strategies

Allocation to CUSD $5.7 million

CFD 98-1A $3,713,384

CFD 98-1B $1,979,282

Schools to be served:

  • Palisades ES
  • Shorecliffs MS
  • San Juan Hills High School

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

 

AGENDA ITEM #59 UPDATE – COMPREHENSIVE SEXUAL HEALTH CURRICULUM IMPLEMENTATION:

Board Agenda page 1033  

Board Audio at 1:05:55

More Information

This was an Information/ Discussion Item only. No Board Action was taken.

BLUE CARDS

Closed Session

Board Audio at 00:24 Dawn Urbanek 

Open Session

Board Audio at 1:05:55 Staff Report Josh Hill, Assistant,  Superintendent Curriculum and Instruction Grades 6-12

New web page: Comprehensive Sexual Health Education

Blamed Marc Patterson, the past Superintendent Curriculum and Instruction Grades 6-12 for the way he rolled out Teen Talk

Board Audio at 1:15:36 Superintendent Vital Statement

Board Audio at 1:16:34 Trustee Jim Reardon The work being done is not Teen Talk - CUSD is writing its' own curriculum 

Board Audio at 1:15:34 BLUE CARDS (35 Speakers) 

Board Audio at 1:15:34 Trustee Amy Hanacek give speakers full three minutes

Board Audio at 1:18:31 Calvin Erbaze, Student-Support for CHYA

Board Audio at 1:20:30 Riley Goodfellow, Student-Support for CHYA

Board Audio at 1:23:29 Jack Hartstein Recent Grad - Support for CHYA

Board Audio at 1:26:29 Jill Halbert- Sexuality Health Educator, CUSD Task Force Member - Support for CHYA

Board Audio at 1:29:41 Jennifer Ponce, Prevention and Education Manager at Laura's House - Support for CHYA

Board Audio at 1:32:20 Megan Moyer, Public School Educator -Support for CHYA

Board Audio at 1:34:20 Kelly Born, Health Science Teacher in nearby district

Board Audio at 1:36:39 Lucy Law, Student - Support for CHYA

Board Audio at 1:36:39 Sam Newman, Recent HS Grad - Support for CHYA

Board Audio at 1:41:25 Landon Russell, Student - Support CHYA

Board Audio at 1:43:44 Julie Stowers, Teacher Saddleback, Union Rep, LGBT Contact Person for the Union - Support CHYA 

Board Audio at 1:46:48 Jessica Gyer - Support for CHYA

Board Audio at 1:49:10 Michelle McNutt - Support for CHYA

Board Audio at 1:52:04 Samantha Eden, Anti-Defamation League - former student - Support for CHYA

Board Audio at 1:54:51 Laura Canter- Director of Policy and Youth Services Orange County - Support for CHYA

Board Audio at 1:57:54 Luciana Banzan - Support CHYA

Board Audio at 1:59:59 Tore Delroche - Transgender Man - Support CHYA

Joyce Swaban - Left - Did not Speak

Board Audio at 2:01:42 Scott Rynhart- Member of LGBTQ Father and Grandfather - Support of CHYA

Board Audio at 2:04:47 Andrea Dustin - Parent, Member of Task Force - Support of CHYA

Board Audio at 2:07:07 David Silver Westlick - Parent of an LGBTQ - Support of CHYA

Board Audio at 2:08:22 Michelle Plossel Campbell - PTSA Legislative Rep - Support of CHYA

Board Audio at 2:11:32 Barbara Schiman - Medical Educator - CUSD Mom - Support of CHYA

Board Audio at 2:12:50 Ann Hueitt - Health Educator - Support of CHYA

Gina Serra - Left Did not Speak

Board Audio at 2:15:16 Sharon Gentima - Single Parent of a Transgender - Support of CHYA

Board Audio at 2:18:38 Cyndi Wright - Teacher Aliso Niguel HS - Support of CHYA

Board Audio at 2:20:46 Sam Haun - Parent - Aids Service Foundation - Support CHYA

Board Audio at 2:22:19 Leslie Seminski - Parent - Support CHYA

Board Audio at 2:23:59 Christy Draper - Parent of a gay son who she almost lost to suicide, FLAG leader OC 

Board Audio at 2:27:23 Robert Kellerwell - Support of CHYA

Board Audio at 2:28:17 Kristine Roy - Transgender Woman -Support of CHYA

Board Audio at 2:29:50  Kristen  Fresca - Parent - Supports CHYA

Board Audio at 2:30:15 Jamie Swanson - Mental Health Therapist - Support of CHYA

Board Audio at 2:33:23 Amanda Born - Mother and Tax Force Member - Support of CHYA if the curriculum is "age appropriate" and "medically accurate".

TRUSTEE DISCUSSION

Board Audio at 2:36:37 Trustee Amy Hannacek - Are we writing curriculum from the ground up?

Board Audio at 2:38:51 CUSD Staff Josh Hill - Clarification on "threading the needle" and "ramming curriculum down parents throats". The issue is the "age appropriateness" in middle school.

Board Audio at 2:46:24 Trustee Judy Bullockus - Curriculum Mandated by Law in 2015 for implementation in 2016. Youth of today is global. CUSD is listening- but we want to get the curriculum right so that people do not want to OPT OUT. CUSD needs to educate parents.

Board Audio at 2:55:20 Trustee  Patricia Holloway - Is there anyway to accelerate the implementation? 

Board Audio at 2:56:40 CUSD Staff Josh Hill - Clarification on time line for implementation

Board Audio at 2:57:03 Trustee  Martha McNicholas clarification on OPT OUT regarding Gender Studies.

Board Audio at 2:56:40 CUSD Staff Josh Hill - Clarification on OPT OUT.

Board Audio at 3:01:09 Trustee  Gila Jones - want to limit OPT OUTs

Board Audio at 3:05:38 Trustee  Jim Reardon - Concern about the focus on developing curriculum. We need to engage parents prior to the presentation to the students. We need a reliable OPT-OUT process.

Board Audio at 3:12:29 Trustee Gary Pritchard Does this law apply to Charter Schools

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.