Fundraising For Core Educational Programs

Citizens Presentation to the Board

January 27, 2016

Dawn Urbanek

Under Local Control, California does Not Have A State Mandated Minimum Curriculum

Source: htp://www.cde.ca.gov/re/cc/ccssfaqs.asp #5

“Every school in California is required to provide instruction in the subjects namedabove, although physical education is the only subject that has statutorilyrequired minutes of instruction. The schedule of instructional day and week is determined by the teacher and the local school and district administration.”

“While implementation of specific academic content standards is a local decision and not specifically mandated by EC, California strongly recommends their local use.”

January 27, 2016 Capistrano Unifed School District Board Meeting Agenda #5 at page 7 - Slide Presentation – Fundraising For Core Educational Programshttp://capousd.ca.schoolloop.com/file/1218998819331/1262503101751/5233370917763515617.pdf

District Response is on Page 53

Minimum State Mandated Curriculum Grades 1-6 [Education Code Section 51210]

Education Code Section 51210 requires every school district in California to provide every student in grades 1-6 with a district funded minimum curriculum which includes a visual and performing arts curriculum.

Minimum State Mandated CurriculumGrades 7-12 [Education Code 51220]

Education Code Section 51220 requires every district in California to provide every student in grades 7-12 with a district funded minimum curriculum which includes a visual and performing arts curriculum.

Do v. Albany Unified School District[190 CalApp 4th (5)]

Appellate Court Case held that Education Code Section 51210 imposes a mandatory duty on school districts to provide every student with the minimum curriculum required by law.

Every student is entitled to district funded art and music … IT IS THE LAW!

Visual and Performing Arts Framework for California Public Schools K-12 - Funding for Arts Education ProgramsAs school districts plan their annual budgets, they should include the arts in strategic and long-range planning to provide consistent funding for their arts education programs. Budgets should include staff salary, facilities, professional development, equipment and materials, curriculum development, textbooks and other instructional materials, new media and electronic technology, maintenance for equipment, visiting artists, and field trips to museums and performances.

Districts are required to fund and provide two visual and performing arts classes at each elementary school site

California Department of Education Visual and Performing Arts Framework for California Public Schools K-12

The Capistrano Unified School District has cut art and music from it’s curriculum, and is now relying on fundraising and donations to pay for art and music. Those schools that are unable to fundraise have no art and/or music.

1,327 students in grades K – 3 have no music program because parents cannot afford to raise enough in donations.

• Concordia Elementary School – 419 students

• Crown Valley Elementary School- 219 students

• RH Dana Elementary School -194 students

• Del Obispo Elementary School – 233 students

• Hidden Hills Elementary School - 262

• Wagon Wheel Elementary School– Full Year of music in kindergarten and ½ year of music in grades 1-3

• Las Flores Elementary School- Full year of music in kindergarten, 1st and 2nd

grade and ½ year in grade 3.

• Wood Canyon has ½ year K-3 music program funded by WC Foundation

The following schools have no art programs, or have art programs that are funded and taught by parent volunteers.

3,663 students in grades K – 5 have no art program because parents cannot afford to raise enough in donations.

• Kinoshita Elementary School – 654 students - no art program

• Clarence Lobo Elementary School – 417 students - CRE8 Art Program funded by the PTA – taught by parent volunteers.

• John Malcom Elementary School – 709 students - Art In Action funded by the PTA taught, directed and administered by parents.

• Moulton Elementary School – 660 students - Art Smart funded by PTA, taught by parents volunteers.

• San Juan Elementary School- 774 students - No art program

• Wood Canyon Elementary School – 449 students - No art program

California law requires a specially credentialed teacher to teach art and music. [Education Code Section 44257], parent volunteers are not credentialed teachers.

Relying on fundraising and donations to pay for core educational programs creates inequities in the quality of education a student receives within the District, and is in violation of equal protection laws:

The Equal Protection Clause of the 14th Amendment of the US Constitution

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

If the law requires two visual and performing arts classes at each school site in grades 1 - 6, then every school site must have two district funded visual and performing arts classes for every student.

Denying Students State Mandated Minimum Core Curriculum violates:

• The US Constitution

• The State Constitution

• 7 Education Code Sections

• 1 Code of Regulations

• 2 CUSD Board of Trustee Bylaws

• 16 CUSD Board of Trustee Policies

The State is mandated to provide a Free and Equal education to every student so that every student has an equal opportunity to achieve a quality education; defined to be: “"... opportunity to obtain high quality staff, program expansion and variety, beneficial teacher-pupil ratios and class sizes, modern equipment and materials, high-quality buildings."

The Equal Protection Clause of The California Constitution

Article 1 Section 7 and Article 4 Section 16

The Free School Guarantee

Every student has a fundamental right to a quality education [California Constitution Article 9 Section 1]

The State must provide a “FREE” and “EQUAL” opportunity for all students to achieve a quality education. [California Constitution Article 9 Section 5] and Code of Regulations Title 5 Section 350

Quality Education

A quality education has been defined by the courts to be:

“… opportunity to obtain high quality staff, program expansion and variety, beneficial teacher-pupil ratios and class sizes, modern equipment and materials, high-quality buildings”

[Serrano v. Priest II (1976) Cal.3d 728]

Bylaws of the Capistrano Unified School District Board of Trustees are being violated

Board Policy 9000 (a) (b) Bylaw of the Capistrano Unified School District – Role of the Board Powers and Responsibilities

The Board of Trustees' primary goal is to provide each student with an education of the highest quality. This goal shall be the basic factor motivating the Board's execution of its powers and duties.(cf. 0000- Philosophy, Goals, Objectives and Comprehensive Plans)

The Board is responsible for the general control and direction of education in the District and is empowered to carry on and finance any program or activity that is not in conflict with, inconsistent with, or preempted by law. (Education Code 35160) This broad authority shall be exercised in accordance with the State and Federal Constitutions, laws and regulations.

Judicial FunctionsThe Board believes that school employees and members of the public have the right to a hearing and resolution of grievances, complaints and criticisms. In order to maintain positive personnel and public relations, the Board, convened, shall serve as a body of appeal for grievances, complaints and criticisms in accordance with Board policies and negotiated employee agreements

Board Policy 9271 - Bylaw of the Capistrano Unified School District – Code of Ethics

In all actions as a school Board member, the member's first commitment is to the well-being of our youth. His/her primary responsibility is to every student in the District.

Board members also have other major commitments to:

• The Community. Each Board member is responsible to all residents of the District and not solely to those who elected him/her; nor solely to any organization to which he/she may belong, or which may have supported his/her election.

• Individuals. Each Board member has a direct concern for every individual in the community. As an integral part of his/her duties, he/she represents the authority and responsibility of government. This authority must be exercised with as much care and concern for the least influential as for the most influential member of the community.

• Laws, Policies. Each Board member must be aware of, and comply with, the constitutions of the State and the Nation, the Education Code of the State of California, and other laws pertaining to public education, and the established policies of the District.

• Encourage ideas and opinions from residents of the District and endeavor to incorporate community views into the deliberations and decisions of the Board.

• Promote and participate actively in a concerted program of timely exchange of information with all District residents, parents/guardians, employees and students.

Board Policy 0410 Philosophy- Goals – Objectives and Comprehensive Plans

“The Governing Board is committed to equal opportunity for all individuals in education.”

Board Policy 0420.1 Philosophy- Goals – Objectives and Comprehensive Plans

"... it shall be the district's policy to develop management systems to support and monitor school compliance with federal, state and District regulations...”

"Each school-Based Coordinated Plan will include .. the following State Curriculum Frameworks …e. Visual and Performing Arts”

Board Policy 1000 - Community Relations - Concepts and Roles

“School Community relations cannot merely be described as a process of reporting and interpreting, but rather can be characterized as a partnership in pursuit of excellence. It is a Partnership in which community members, educators, and other school personnel perform their respective roles in view of the best interests of schools, and most importantly, the students.”

Board Policy 1020 Community Relations – Youth Services

“Children have a right to have their physical, emotional and intellectual needs met. The Board supports public policies which respect children by meeting their needs. The Board will advocate for local, state and national public policies, legislation and programs designed to provide or better coordinate services that help children make the most of their educational opportunities.”

The Board has a legal, moral and ethical duty to ensure that every student in CUSD has an equal opportunity to achieve a quality education by providing every student with a district funded visual and performing arts curriculum as required by law.

Board Policy 1000 - Community Relations – Communication with the Public

“The District encourages the dissemination of information to members of the media, and the media representatives are encouraged to attend meetings of the Board of Trustees.”

Despite the longest economic recovery in our nations history; despite record high revenues at the State level, the District continues to put forth the idea that the District lacks sufficient funding to pay for core educational programs and staffing needs. The District continues to encourage (and budgets) one time fundraising revenues for on-going expenses like art and music, science, class size reduction, employee compensation, staff development and teacher release time.

Trustees have a fiduciary duty to inform the public about the State's new funding law, and it's effect on the quality of education students receive.

The District is mandated to fund all core educational programs before giving yearly compensation increases. If CUSD does not receive sufficient funding from the State to do so it must file a budget with a negative certification and declare itself fiscally insolvent. The District cannot deny students of their fundamental right to the state mandated minimum curriculum.

Board Policy 1160 – Community Relations – Political Process

“As elected representatives of the people, the Governing Board believes it has a duty to actively advocate good fiscal and public policy that impacts K-12 education. Board members are responsible for studying and articulating the community's educational needs. This responsibility includes that of lobbying at the state and national levels and informing members of the community about these activities.”

Trustee's have a fiduciary duty to students and taxpayers in all matters before the Board.

Trustees have a duty to ensure that all core educational programs are funded by the District before employees receive any compensation increases.

Trustees have a legal duty to inform the public about the State’s new education funding law which; by design, intentionally underfunds wealthy suburban school districts in violation of both Federal and State laws so that the public can force change through the election process.

Relying on fundraising to pay for state mandated core educational programs creates wealth based inequities within the district that

violate equal protection laws.

Board Policy 1230 Community Relations - School Connected Organizations

“Any and all funds raised for any school or District-related activity must meet the District's policies on student fees.”

“Under no circumstances shall school connected organizations or their individual members hire a person to be a district employee or pay any District employee directly. Any funds received for the purpose of funding extracurricular positions shall be paid to the District, which will in turn hire the personnel and pay the appropriate wage or stipend.”

The Board encourages school-connected organizations to consider the impact of fundraising activities on the overall school and District program. Funds may not be used to create inequities in core academic programs and are meant to supplement and enrich existing programs. Activities by school-connected organizations shall not conflict with the law, Board policies, administrative regulations, or rules of the sponsoring school.

Board Policy 1321 "Community Relations - Solicitation of Funds From and By Students."

“All Solicitations”

“Whether solicitations are made on behalf of the school or on behalf of another charitable organization, the Board particularly desires that no student shall be made to feel uncomfortable or pressured to provide funds. Staff is expected to emphasize the fact that donations are always voluntary. No student shall be barred from an activity because they did not participate in fundraising. Teachers may not solicit donations of materials or supplies from students for credit towards their grades.”

Many PTA's offer special rewards for students who participate in fundraising activities. This practice in itself means those students who did not participate in the fundraising activity are excluded from the pizza party, or other reward. The PTA should not have the right to pull students from class to participate in a special event as a reward for participating in a fundraising activity. Such conduct violates BP 1321.

BP 3290 "Business and Non-Instructional Operation - Gifts, Grants and Bequests"

“If schools wish to augment District-funded positions, it will be permissible to seek donations from parents/guardians or private donors. Gift money will be accepted for stipend payment for co-curricular activities but will not be accepted to pay for the primary employment of employees.”

CUSD eliminated art and music because of a lack of funding. How can the District, in good faith, state that it has insufficient funds to restore art and music programs for every student, when the district has given employees substantial compensation increases over the last three years.

Parents are being forced to fundraise for employee compensation increases.

It is the District's legal duty to fund art and music for every student. The district cannot deny any student of their fundamental right to a quality education so that funding can be used to substantially increase employee compensation at the expense providing state mandated core curriculum.

Average teacher Compensation has increased every year during a time when parents are being asked to fundraise for art, music, science, class size reduction, facilities, books and supplies, teacher release time, nurses and counselors.

Average teacher compensation:

2012-13: $ 95,673

2013-14: $105,340

2014-15: $108,392

Parents should not be asked to fundraise for employee compensation increases. Students should not be denied art and music because their parents cannot fundraise enough to pay such increases.

Average Teacher Compensation 2012-13

Average Teacher Compensation 2013-14

Average Teacher Compensation 2014-15

Primary Music Teachers received substantial compensation increases this year.

Board Policy 3291 – Business and Non-instructional Operations-Gifts to School Personnel”

“It is the goal of Capistrano Unified School District to provide equitable and high quality educational services and experiences to all students free of charge. To this end, neither the district nor its employees shall expect or accept gifts as a condition for providing educational services to any of their students.”

Board Policy 5180 - Nondiscrimination

“The Governing Board shall ensure equal opportunities for all students in admission to academic courses, guidance and counseling programs. Athletic programs, testing procedures, vocational education and other activities.”

Failure to provide every student with a district funded visual and performing arts curriculum is a violation of District policy and the equal protection laws of both the State of California and the United States.

Board Policy 6142.6 - Instruction - Visual and Performing Arts Education

“The State of California recognizes the visual and performing arts as a core curriculum and has established the Visual and Performing Arts Framework for California Public Schools, 2004 to ensure comprehensive educational programs. A visual and performing arts education includes a sequential, standards-based curriculum in dance, music, theater and visual arts, based on the California Visual and Performing Arts Content Standards.”

“The Superintendent or his designee will ensure that adequate instructional time, highly-qualified credentialed staff (as outlined in NCLB), ongoing and content specific professional development, facilities, equipment, and curriculum materials will be provided and support a quality arts program. Furthermore, community arts resources will be used to enrich instruction.”

Board Policy 6143 - Instruction – Courses of Study

Elementary Schools

“The Governing Board recognizes that a well-articulated sequence of courses fosters academic progress and makes the best possible use of instructional time.”

“The Board shall adopt a course of instruction which sufficiently prepares students for the high school course of study required by state law.”

“Courses of study for Grades kindergarten through five shall include:

5. Fine Arts, including visual arts, music, drama, and dance, with emphasis on creative expression, the development of aesthetic appreciation, and integration of the arts with other disciplines. (cf. 6142.6 - Visual and Performing Arts)

Secondary Schools

The Governing Board shall adopt district wide courses of study designed to fit student needs to conform with District graduation requirements and the requirements for admission to California public colleges and universities.

Courses of study grades 6-12 shall include:

7. Fine arts, including visual arts, music, drama and dance, with emphasis on development of aesthetic appreciation, creative expression, and the integration of the arts with other disciplines.

8. Applied arts, including instruction in consumer and homemaking education, industrial arts, general business education, or general agriculture.

9. Vocational-technical classes in a career path that prepare students for gainful employment in occupations that meet state and community needs and are relevant to students' career desires and needs.

BP 6145 "Instruction - Extracurricular and Co-curricular Activities"

“The District shall encourage and support student participation in extra/co-curricular activities without compromising the integrity and purpose of the educational program.”

“The Board authorizes the Superintendent and his staff to develop extracurricular and co-curricular activities beneficial to students of the District.

1. The activities developed shall be of sufficient variety and number to meet the wide range of interests and needs of pupils. They shall include, but not be limited to:

f. School plays”

“No student shall be prohibited from participating in extra/co-curricular activities related to the educational program because of inability to pay fees associated with the activity.”

CUSD must fund a visual and performing arts curriculum for every student. IT IS THE LAW!

To Comply with State and Federal Laws, Regulations and Board Policy I am requesting that the Board do the following:

1. Immediately provide one district funded art and music class for every student in grades 1 – 6.

2. Amend Board Policy regarding K and Grade 6 to comply with current laws.

3. Complete an audit of all donations made to provide CUSD with the State mandated minimum curriculum and to return illegal donations to donors to be used for “enrichment” beyond the state mandated minimum core curriculum.

4. Amend the CUSD 2015-16 budget to reflect the cost of funding a visual and performing arts curriculum for all students as required by law.

5. In accordance with Board Policy 1020 and Bylaws 9000 and 9271 request that the Board advocate for additional funding from the State on the grounds that the State’s new education funding law violates the equal protection clause of both California and the United States Constitutions.

5. Inform the PTA that it is at risk of loosing it’s not – for – profit status because it has transformed itself from an “advocacy organization” to a “fundraising organization” in violation of it’s corporate charter and bylaws. The PTA must abide by the 3:1 rule: http://toolkit.capta.org/?s=must+do+3+programs+for+every+1+fundraising

6. Inform PTA’s, Foundations and the public that the State of California has record high revenues of $123 billion (in 2007-08 revenues were $105 billion).

The State is choosing not to adequately fund K-12 Public Education.

The State’s new Education funding law limits K-12 per pupil funding to 2007-08 levels + inflation (not to be reached till 2021). By 2021 CUSD is expected to receive $8,500 in per pupil funding.

Trustees have a duty to inform the Public that the State of California has sufficient revenues to provide every student with sufficient funding to have all the State mandated minimum core curriculum. The State is choosing not to spend revenues on K-12 public education in violation of the California Constitution and State Law.

Governor Brown’s proposed 2016-17 budget is increasing per pupil funding by $3,000 per student however, if you read the LAO report, Governor Brown is not increasing the Base Funding Grant from $6,500 to $9,500, he is simply giving one time money of $3,000 per student. As such- Districts will not be able to restore any on-going programs.

http://www.lao.ca.gov/.../3305/fiscal-outlook-111815.pdfpage 19 - 27

Supporting Documentation:

http://peopleforstudentrights.com/index.php/complaint/count-16