APPEAL: Williams Complaint Capistrano Unified School District Tesoro High School II- Facilities Repair and Maintenance
CUSD Responded to a Williams Complaint filed on behalf of Tesoro High School for EMERGENCY REPAIRS that effect the Health of CUSD Staff and Students. CUSD Response: "Nothing to See Here!" Tesoro High School Facilities are in GOOD REPAIR. But Kichell Reports which were prepared to help CUSD pass a new school facilities bond says something quiet different.
Tesoro High School Kitchell Report states that Tesoro has $5.7 million in EMERGENCY Repairs that threaten the Health and Safety of Staff and Students.
An Appeal has been filed with the State Department of Education to force CUSD to fix and maintain facilities.
CUSD has chosen to give employees their 5th consecutive year of across the board compensation increases totaling over $150 million. They have used deferred maintenance funds to pay for those increases. CUSD has made a decision that places the compensation of employees above the health and safety of staff and students.
Date: January 31, 2018
To: Diane Waters, Senior Architect
California Department of Education
School Facilities and Transportation Services Division
From: Dawn Urbanek
Re: Tesoro High School Williams Complaint II: Facilities Repair and Maintenance
Links to Supporting Documentation:
CUSD did not respond to Williams Complaint I
Attached is CUSDs' January 23, 2018 response to the second Williams's Complaint re: Facilities Repair and Maintenance.
I am filing an Appeal with the CDE based upon the following:
I. CUSD States that "the Complaint does not implicate emergency facilities needs under the standard set forth in Education Code Section 17592(c)(1)"
That statement is false-
Kitchell Report Tesoro High School at page 40
Pool Chlorination System is at or approaching the end of its expected useful life
January 24, 2017 CUSD BOT Meeting Agenda at page 212
CUSD approved contract FSA 1718180 with Knorr Pool Systems, Inc to provide labor and materials for the installation of a new mechanical room control system, including the removal and disposal of existing chemical and filter controllers at Tesoro High School pool.
Contract Period 12-8-17 to completion
This was listed in the Kitchell Report as a Priority I "Conditions in this category require immediate action to: a) correct a cited safety hazard"
California Code of Regulations 22 CCR Section 65547 requires that "All gas chlorination equipment shall be well maintained and operational at all times in accordance with section 3135B, Title 24, California Code of Regulations".
Note: Authority cited: Sections 116035, 116050 and 131200, Health and Safety Code. Reference: Sections 116040, 116043 and 131200, Health and Safety Code.
January 24, 2019 CUSD BOT Board Audio at 54:40
Trustee Hanacek asks why Tesoro High School is getting a new mechanical room control system when Dana Hills High has the same needs?
Clark Hampton, Deputy Superintendent of Business and Support Services responds that Tesoro system failed and had to be replaced.
The Kitchell report lists the following mechanical systems that are all at or near the end of their useful life, and like the "Tesoro System" will fail soon.
Domestic Water Distribution, and the following Potentially Critical items:
The inspections for the Kitchell Report were done almost a year ago so these would now be classified as Critical:
all of which are included in Education Code Section 17592(c)(1) definition of "Emergency Repairs"
CUSD has made the choice to give employees five consecutive years of across the board compensation increases totaling over $150 million rather than use that money to fix and maintain facilities. According to the Kitchell Reports CUSD has $189 million in "emergency" repairs and maintenance needs. See: Facilities Condition Assessment District wide Executive Summary Final Report
The following is supporting documentation for the compensation increases over the last 5 years that were obtained through a Public Records Request:
The District and CUEA have been at impasse and just announced a fifth consecutive year of across the Board Compensation Increases.
CUSD intentionally mis-represented this contract as a three year agreement that "provides stability" when in fact it is a retroactive agreement that does not provide any stability going forward.
II. CUSD states that in October and November 2017 CUSD had an outside independent inspector perform Facility Inspections Reports at each and every school. The results of the FIT inspections were used in completing the SARC reports.
CUSD made false statements on its SARC Reports and LCAP regarding facilities as documented below:
Tesoro High School SARC Report 2016-17 "GOOD" when the Kitchell report states the opposite.
The following source is from CUSDWatch: LCAP Annual Review- How did CUSD Do?
Optimize facilities and learning environments for all students.
4 Measurable Outcomes
Measurable Outcome 1
Standards for facility maintenance (good repair) will be met.
Measurable Outcome 2
Williams Act facilities inspections will reflect compliance
Measurable Outcome 3
Site discretionary supply accounts will return to baseline levels
Measurable Outcome 4
Planning for implementation of anti-bullying/cyber-bullying curriculum.
Ensure that facilities are clean, safe, and functional
Enhance learning environment and effectively address bullying and/or cyber bullying
Describe the overall implementation of the actions/services to achieve the articulated goal
Describe the overall effectiveness of the actions/services to achieve the articulated goal as measured by the LEA.
Explain material differences between Budgeted Expenditures and Estimated Actual Expenditures.
Campus Supervisor and Student Supervisor training 2000-2999: Classified Personnel Salaries Base was increased by $2,551
Describe any changes made to this goal, expected outcomes, metrics, or actions and services to achieve this goal as a result of this analysis and analysis of the LCFF Evaluation Rubrics, as applicable. Identify where those changes can be found in the LCAP.
SARC Reports need to be corrected to accurately reflect the condition of facilities. Uniform Complaints need to be filed on any school that has health and safety issues so that those can be fixed before a single penny is spent on Professional Development or increases to employee compensation.
CUSD does not HEAR the public. There is no "Community Engagement"
With the adoption of the 2017-18 Budget, CUSD will have given employees 5 straight years of across the Board compensation increases totaling over $150 million dollars. While students attend school with staff to student ratios that are not safe in facilities that have not been fixed or maintained for over 15 years. Core educational classes are paid for with one time fundraising and donations and are taught by parent volunteers creating wealth based inequities in the quality of education that all students receive in violation of state law.
The California Healthy Kids Survey is another method of Data mining students.
Source: CUSD Web Site
The California Healthy Kids Survey (CHKS) is a comprehensive youth health risk and resilience behavior data collection service available to all California districts, sponsored by the California Department of Education (CDE). It consists of a comprehensive survey instrument that assesses all major areas of health-related behavior, as well as a full-service survey support system to help districts collect and use CHKS data to improve prevention and health programs. At Capistrano Unified School District the survey is administered to 7, 9 and 11-grade students every other year in the Spring. The next time the survey will be administrated is in the Spring of the 2017-2018 school year.
Full Documentation can be found at: CUSD is Selling Student Data an Open Letter to Elected Leaders
III. CORRECTIVE ACTIONS/REMEDIATION
CUSD states "Although your Complaint did not identify emergency facility needs, be assured the District takes seriously its obligations to ensure the condition of its facilities does not pose a threat to the health and safety of pupils or staff while at school"
There is overwhelming documentation in the Kitchell Reports that disagree with this statement. Further CUSD's 5 -year Deferred Maintenance Plan shows that CUSD has no intention of fixing and maintaining mechanical equipment until it fails.
CUSD has an obligation to ensure that students attend class in facilities that are clean safe and functional. They have failed to protect the health and safety of Tesoro students by properly maintaining Tesoro High School facilities. As a result, I am appealing to the State of California to enforce the terms of the Williams Settlement.
Thank you for your time.