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More HUSD board overpayment info

Posted on by Eric Kurhi

The story came out in today’s paper. One thing I hated hedging on was an exact amount of total overpayment. It stands to reason that if ADA dropped below 25,000 in 1990, we’re talking 20 years. But I couldn’t assume that the board was making $750 back in 1990 and there wasn’t some kind of raise since then, hence the minimum calculated from Paul Frumkin’s first paystub.

District is looking into how far back the stipend records go; hopefully we can deduce a grand total from those records.

Also, there’s some discrepancy, depending on who you talk to, regarding how this came to light. District and some board members say it was after trustee Jesus Armas proposed a cut to board pay in line with reductions going on elsewhere as an act of good faith, and when staff looked into doing it they discovered the error. Shortly after Armas made his request, board candidate Audie Bock distributed a letter saying his request didn’t go far enough because they have been overpaid in violation of the ed code for some time. Bock and trustee Luis Reynoso say that’s what got it noticed, although Bock added that she finds it hard to believe that nobody on the board or in the district knew how much they were supposed to be paid before all that.

After the jump is more information on the matter that I received from Superintendent Janis Duran

Overpayment of $350/month/board member is an annual overpayment of $21,000.  Because the statue of limitation is for three years, the maximum that could be recovered would be approximately $63,000.   

Q:  Do you know if this has happened before in any other district, and if there is any known protocol for repayment?

A:  We don’t know.

Q:  Is there a statute of limitations on such a thing?

A:  Three years.

Q:  Bottom line: Will the district try to recoup the overpaid funds, and if not, why not?

A:  Only the Board can determine to expend funds to pursue recovery of the funds.  All Board members have a conflict of interest.  Therefore, if it were to be placed on the agenda, the minimum needed to make a decision (three) would be selected by lottery to make the decision.

The Superintendent and the District’s Fiscal Advisor will determine whether or not to make a recommendation to the Board for recovery for these funds.  The overpayment is a staff error.  None of the current Board Members were in office at the time the error was made and all were unaware of this error.  In fact, the reason this error came to light was because of the efforts of the current Board to “clean up” and “trim” the District’s costs.  The Board appropriately relied on staff to set the rates appropriately according to District student levels and statutory requirements.  If the District were to make a claim against current and former Board members, the Board members could conceivably counterclaim against the District for negligence (and indemnification based on the negligence of the District).  The District could conceivably win the underlying action for recovery but lose the counterclaim because of its negligence and end up having to indemnify the Board members against whom they just successfully sued.  The only winners in such an action may be the lawyers.

Because of this, coupled with the three year statute of limitations and the cost of legal counsel to pursue these claims, the potential recovery may not be beneficial to the District from a purely cost-benefit stand point. 

The District, however, should be advised to make protocol changes on a going forward basis to make sure these policies are reviewed by staff on an annual basis and that this problem does not recur in the future.

Eric Kurhi

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  • It was indeed Ms. Audi Bock who brought this to light at the district level. There was no discovery by the HUSD administration of the overpayment. Kudos to Ms. Bock.

  • Michael Moore

    All of the existing folks, if any should be taken to task for this. This is not just a small problem. This seems on the surface to be just like the sort of thing that occurred in Bell down south. Shame on the staff, counsel, council and the trustees for this.

  • qodrn

    I would like to see current and former board members agree to repay these fees. If they need to pay it at $5 a month, it is okay with me. Unfortunately, they really do owe the citizens the cash. Let’s just reset the payment, set up a payment system and make sure this doesn’t happen again. We all know the money is owed.

  • teachermama

    When the district overpays an employee by mistake, they demand to paid back at their own convenience, not the employee’s convenience.

  • Lucy’s Mom

    According to Supt. Duran the error was discovered this summer because of “board efforts” to cut district costs. Really? I we go back, a recording of a board meeting a few months ago, it was Ms. Audie Bock who brought this to the light. Give credit where credit is due. A concern citizen brought it to light. Thank you Ms. Bock.

    On a different note, I have heard there is a new team of negotiators on the District side. If you have that information, it will be great for the community to know. The last team was composed by Armas, Heredia and some district staff. That group failed to come to agreement with HEA. Is Armas out of that discussion?

    On the other hand, I understand that HEA has kept the same team of strong, very well versed in labor law individuals at the table.

  • John W. Kyle

    To all,

    In year 1998 I sought election to City Council. Prior to that effort,(and since then) I had been heavily involved with service to the City and School District through the many ad hoc and/or task force activities involving City and School District affairs.

    When seeking support/and endorsements for that attempt at election, it was strongly suggested that I run for the school district seat then opening up……..

    I turned it down. One of the main reasons was that, in proportion to what City Council members were paid, the school district was quite mean spirited in terms of reality as betwen what City Council members were paid and what Trustees were paid.

    The renumeration paid by School District was quite unfair then as it is now. If you broke it down in terms of an hourly wage comparison. The argument that council members meet more often does not hold…. and when you figure in the sums paid to council members when attending meetings of the various regional committees and task forces……. it is disgusting to weigh those sums agaionst the money expended to trustees.

    The Mayor usually appoints individuals to act as liaison between Alameda County Congestion Management Commission, Regional and / or District Commission etc……usually the added ‘stipend’ works out to something like $50. per hour plus travel expenses to and from.

    One who served prior to Sweeney’s election served on a ‘lion’s share’ of those groups…..it was quite an addirion to the $40,ooo annual salary paid the Mayor… Council members were ‘held down’ to $25,000. per year plus attendence fees from whatever regional commissions that they attended as Hayward’s representatives to the regional stuff.

    It wasn’t that I felt my talents were worth a hell of a lot more so much as it was the heavy workload when compared with that which the City council was paid.

    That was one consideration, the second was the annoying thought that whatever the pay, there was the abuse heaped upon trustees who, under the terms of Brown act…are unable tro fire back at the snipers who use public comments for verbal abuse and mayhem!

    ( Yes Kathy Booth, the Year 2006 episode with that group using Markham for Charquin efforts was mayhem despite your claim that it was an instruction (to the involved children) in civic particpation) ( Even a teacher has brought students into the chambers and had the lay down on the floor before the dais and the public comment lectern….acheivinbg an adjournment ofr recess untill order was restored)

    I still think that Trustee efforts should be rewarded with a greater sum than a mere $750 per month, especially when they have been consistantly abused by the public st those periods we call PUBLIC COMMENT TIME.

  • Michael Moore

    The Trustees of the HUSD should not be paid a dime until the district at least meets the state API of 767. All Teachers, Staff and Administrators should have their salaries frozen until the average meets the state average. Percentages above average should be reflected in the merit increase. In order to first qualify for a salary then all HUSD must be above 767 with grades 2-6 above 800, grades 7 and 8 above 765 and grades 9-11 at 729. Once that occurs, you would receive an increase based on present salary times the percentage above the state average. So if you are a principal of an elementary school, all HUSD must be above 767 and your school must be above 800.

    No HUSD elementary schools have scores above 800.
    Only MLK middle school had a score above 765.
    Only Leadership High School had a score above 729.

    Salaries next year would be dependant on the latest API scores.

  • Lucy’s Mom

    Michael Moore,

    How about the students that are in Bilingual Ed, or are still learning English as a Second Language?
    Are you aware that, according to research it takes 5 to 7 years for students to become English proficient. According to your statement above, teachers will have to be accountable for their scores of tests administered in English, when the students are not proficient in the language. Just curious as to how would you approach that issue.
    Thank you!

  • Michael Moore

    Sorry, I left off the other categories.

    Golden Oak Montessori passed with an 803.
    Brenkwitz High passed with a 574.

    If the state measures the category, then HUSD must meet the State Numbers, same criteria. Here are the state numbers for those areas.
     Black or African American: 670  
    American Indian or Alaska Native: 715  
    Asian: 877 
    Filipino: 837 
    Hispanic or Latino: 698  
    Native Hawaiian or Pacific Islander: 742  
    White: 827
    Two or More Races: 793
    Socioeconomically Disadvantaged: 695
    English Learners: 676
    Students with Disabilities: 564

  • Michael Moore

    HUSD has a long way to go to meet the state average. No one in the HUSD should be getting a raise. Administrators and professionals with long service should be in disciplinary action based on their inability to meet a minimum standard. Parents should make every effort to leave this district until the state comes in to fix it. The problem is not just the money that was overpaid to the Trustees for twenty years, but an acceptance of poor results as being the best that can be done with what you have.

  • Lucy’s Mom

    Thank you Michael Moore for including the last scores.
    We should have a Re-Design/ Re-Construct District Office Staff, including YEP and Special Education, just like they did to Tennyson, Harder, Burbank and Longwood. Very good idea!
    I have to disagree on the ELLs though, if they are in bilingual ed, they are at a disadvantage for a long while. Parents do have a choice as what program their children should be in. If they knew, most likely they will choose Sheltered English for their kids.
    I don’t believe in leaving the district, I believe in a meaningful parent participation; I believe in setting high standards for our own children. If a teacher is not up to it; make sure the principal knows where you stand, request assistant for the teacher, if that is not working, well, demand a better educator for the child.
    Don’t leave HUSD, make it better!

  • For Lucy’s Mom,

    Your information regarding Mr. Armas and Ms. Heredia no longer being a part of the contract negotiations with the teacher’s union is correct. As far as I know there are no members of the board involved in the actual negotiations at this time.

  • John W. Kyle

    Mr. Moore:

    At your entry # 7 above you state : “Trustees should not be paid a dime until the district at least meets the API of 767.” You go on with “All teachers, staff and administrators should have their salaries frozen…… etc”

    May I suggest something equally as ridiculous? How about we punish parents for failing to assure their children are consistently attending class…… perhaps we ought to strip their backside, then apply 10 lashes with a wet noodle ??

    Consider that you are unable too force people to become trustees at HUSD. Nor are you able to prevent resignations after imposition of the conditions as you suggest, at # 7 above.

    I have a granddaughter who graduated at Cal Poly in 2009 with honors in the area of Mathnatics. She intends to teach calculus specifically looking forward to applying at Colleges and Universities. The apple of my eye is nearing completion of the program necessary for a teaching credential.

    I made the mistake of asking if she had considered HUSD as an employer, she looked at me with an incredulous facial expression of shock! When I suggested that in 2009 a Hayward High graduate had passed his courses with a grade point average above 4.0 and that he had been accepted at twelve or more prestigious Universities but chose Harvard, she stated… ‘superior parental interest must have been involved‘!

    That young lady also indicated that like minded students at Cal Poly have heard about the difficulty at HUSD.

    So now, please advise Trustees how to meet the problem with poor parenting skills readily seen at HUSD.

    Your solution, as suggested in your # 7 is no solution at all and I suspect put to the blog out of sheer frustration.

    May I suggest that you join in the quest for a town hall meeting, at which we might find some volunteers able to counsel parents involved with truants?

    Do not for a minute think that truancy as well as transience is not a major part of the problem!

  • Michael Moore

    John, I am regret that you cannot offer anything of value, beyond the wet noodle hyperbole. Sad. Your grand daughter will find that the specialty in the teaching of calculus in Colleges and Universities is not a career of great note. I hope she spells mathematics better than her phonemically challenged grandfather.

    I am not as frustrated with HUSD as I am with those who think it will get better if we just try harder. It will not. The attitude of Hayward and its parents and supporters needs to change. The results are way below the balance of the states.

    The greatest motivator I know of is compensation based on results. The folks who operate the HUSD should be compensated for their success and failure. So far, they have nothing but failure and should be held to answer for that.

  • teachermama

    You know, I agree with you, Michael, that just trying harder is not enough to do better. What we also need are more resources. CA has embarrassingly low achievement averages, a glaring achievement gap, and practically the lowest per pupil spending average in the nation. You don’t get what you don’t pay for. Follow the pattern: HUSD spends about 6 grand per pupil and our achievement is lower than the state average. The state spends, on average, $7500 per pupil (ranked 47 in the nation) and our scores are unimpressive. Contrast this with VT ($15,000 per pupil, ranked no. 1) or Iowa ($10,000 per pupil, ranked no. 25). Moving to a better district, if you can afford it, is just like climbing a broken ladder. If you want your kids to have a decent education on a working class/middle class salary, you need to move the East Coast. Or Singapore. Most of us can’t do this, so we do what Lucy’s mom advocates. We stay and work hard to do right by our kids, inside of school and out. Research at: http://www.edweek.org/rc/articles/2009/01/21/sow0121.h27.html

  • John W. Kyle

    Michael;

    I had you pegged correctly….. you evade criticism for your suggested abuse of Trustees. By refusing remuneration to Trustees is just another example of public disrespect not only involving the trustees but those who voted for them.

    Undercutting the need for community respect of the Board of trustees is not a constructive thought.

    It matters not what the monetary allocation per student amounts to when WE LEAVE all those uncounted nickles and dimes on the table. Which is exactly what happens when glossing over the reality of what happens when that lost ADA money IS IGNORED.

    It is the parents and the low level of parenting skills which are the basis of our problem.

    You prattle on about ‘ the greatest motivator I know of is compensation based on results……So far they have nothing but failure…… and should be held to answer for that”

    You ought have followed that line of thought to suggest that the electorate is basically responsible. For it is they who selected the Trustees.

    As a member of the electorate I have come forward with the Town Hall meeting concept. That would be an event at which the collective thought processes would be brought forward, under conditions where no time is spent pointing fingers at Trustees and Administration.

    I have posted extensively to the blog on that subject…. Yet, as in the case of Ms. Booth, all we see are objections to the idea in general. Ms. Booth specifically pointed to the idea that ‘ad hoc’ groups, in her experience were unsuccessful. ( Due to her presence ?)

    I suggest that they were unsuccessful at HUSD due to the negativity brought into the group meetings. Negativity based on ideas such as you contribute will not work. Nor would they be permitted under the guidelines suggested in my scribbles.

    There is a vast reservoir of volunteerism, undetermined as to full extent or quality, which can be brought together and ‘mined’ for solutions. For example how many empty nesters would make themselves available to aid in the reclamation of ‘lost’ ada money? How many volunteers would be found in the need to counsel with parents on the subject of fund raising activity ( other than parcel taxes etc.)

    Forgive my audacity for suggesting it, but I do believe you possess the intellect to consider a more pro-active avenue of participation in solution to test scores problem. Direct involvement might see you in the position of becoming a Trustee at some point in the future.

    Demonstrate willingness to become directly involved! Let your criticisms be more constructive. Destructive comment comes cheap on the blog!

  • Regarding the ADA money,

    Unless I am mistaken, the ADA money that is claimed by the district is based upon a certain window of time. That is to say, there is a given period, early fall I think, during which attendance “counts” for ADA.

    It is my understanding that there is no monthly or weekly report to the state that affects ADA once that “window” is over. Therefore, the problem with “truancy”/attendance really relates to the success of students, rather than the money they bring into HUSD. If I am correct then it is seat time=higher test scores, and that is what we should be most concerned with.

    Mr. Moore,
    I agree with your idea in principle, however there are many hurdles that must be overcome before any such idea of results=pay will fly in HUSD. The teachers are union organized; the administrators have their own “union” not official but still a negotiating group; and of course we have all of the classified employees to consider.

    Befor any member of HEA would ever consider such an idea, they would want to see the administration (Superintendent, DO administrators and site administrators) agree to the scores/results=pay.
    Please be aware that it is the Administration that develops the methods to meet the state’s and board’s goals. It is they who are responsible for making sure that ALL teachers are given maximum support to reach those goals. It is the administration that should offer workshops and classes to assist teachers in meeting the goals set by the state and the board. Unfortunately, the method that I think the DO and site administrators would employ would be to simply make the teachers solely responsible for scores/results. It would be sort of a “not my job” attitude, rather than let’s face the task and accomplish it together.

    I believe that the “buck should stop” at the DO and the site administrators first. While the BOE is ultimately responsible, the fact is they are not, and should not be, involved in the day to day running of the district. That is what they pay outrageous salaries to the Superintendent, DO Administrators and site administrators to do.

  • Michael Moore

    Mrs. Booth, your comments are clear, concise and coherent. I understand your point about Vermont as well. Castro Valley is not so far if you have children to be educated. I believe that the HUSD has had an enough time fishing and cutting bait. No one has yet implemented any sort of plan that has results. The issues of quality of education in the HUSD are not new or even novel. They are in fact well entrenced in the district and infest every aspect from the BOE to the Trustees to DO, Superintendent, teachers and classified employees. It is time for the state to take over, cut through the special interests and insist on results. Oakland did and they have an API of 719 which is marginally better than HUSD with growth of 26 as opposed to the 18 of HUSD.

    Oakland is doing better than HUSD by a long shot. It is time to take every aspect of the existing HUSD and toss them out and get new blood which will produce results. No one will like it and there will be a lot of crying and screaming with real anger.

    Change or continue failing.

  • Michael Moore

    John, I am glad you have me pegged. I play cribbage as well and you are going to be double skunked again. No excuses, you just have not figured out how to play nice.

    The Trustees are elected. Three will be selected. It will not make any difference who is selected, provided they are not incumbents. The results are the measure for the Trustees and the incumbents should leave. With honor, they should resign. Without honor they should be removed by vote. The balance of administrative staff, Superintendents and the like should also resign. Teachers whose scores are below the State average should be removed.

    The collective bargaining units should have their meetings and decide if they want to be part of the solution or the problem.

    The state must enter, control the district, fire those deemed responsible and place the rest on performance review. The sooner the old and tired and unsuccessful are usured out the sooner that the HUSD will become successful. It is going to take a long time.

  • John W. Kyle

    Moore,

    Even longer, doung it your way !!

    If by playing nice, one should stand by and see such as Mr. Armas slandered by the ;ikes of “O’bama new age” usING ‘license’ at ‘heights’ not seen before or since she entered the picture, You are dead wrohg.
    SLANDER DOES NOTHING TO RAISE THE LEVEL OF RESPECTR FOR HUSD.

    That woman eventuated to the point that she made statements about my having ‘stalked her daughter’.That was an outrageous blog contributiohn called inappropriate and licentious!

    Ms. Booth jumped in to advise that person to take the complaint to the Hayward Police Dept.

    If you think reaction to that is in violation of the first amendament5….. then I was wrong. You are obviously not the material I thought you to be!

    Enough of you !!

  • Michael Moore

    John, I meant for you to learn some manners.

    1. Knock off the use of the all capital letters. Very juvenile and irritating. Sort of like public defecation.

    2. Trustee Armas is a public figure and standing for election. He has not been slandered. However, if he thought he was he does the suing not you. You should know that. He knows how to live with the criticsm. I have read nothing that was slanderous. Unpleasant yes, but no way slanderous.

    3. The allegations of your behavior do raise issues that could have generated an investigation by the aggrieved party, not byme, but by them. You should be more temperate in your comments. If you cannot I would hope that the blog cuts you off.

    4. Your spelling is terrible. The errors you make are not just typographical. You should slow down, work on your grammar and quit yelling, limiting the exclamation marks.

    5. When you chose to post, you opened yourself up to unpleasantness. However, you could support local attorneys. If you have cash I am sure they will take it from you. If you need a referral, I would be happy to do so.

    6. Remember John that the First Amendment protection of free speech is a protection of the individual from the actions of thegovernment. The blog is not covered by that protection. They offer the blog as a service. They can cut you or me or anyone else off whenever they like. You can be upset, but you will lose.

    I think you lost another game Mr. Kyle. Good night.

  • Mr. Moore,
    Thank you so much for putting the “blustering” fellow in his place. Perhaps he will believe you since he did not give credence to the very same things I said throughout my many postings directed at him.

    By the way, you are correct regarding the power of the newspaper group that provides this blog space. Additionally, anyone who they choose to “cut off” from the blog would have little to no standing in a lawsuit against them.
    The First Amendment also protects private citizens from being “slandered” “outed regarding personal info” “defamation of character” and various and sundry other attacks. According to legal scholars that I have consulted, the 1st Amendment does not shield or provide protection to the slanderer. Should anyone that is subjected to such commentary desire they may indeed institute a lawsuit against the individual.

    Again thank you for your commentary.

  • John W. Kyle

    Moore;

    How many years did you spend in a classroom as a teacher? Did you demand adulation? Go back into the blog from mid March through August 2010 starting with March 2010 and trecognize the scribbles of “Obama new age”? If you do not see and read slanderous remarks in her efforts, then you were a good teacher but only in your own mind. You would do well to re-read Merriam Webster’s definitions of ‘license’ especially 3 a) as it appears in the 10th edition of the collegiate effort.

    Booth; The flare up at Helen Turner some 15 years ago did not make you the local heroine.

  • Mr. Kyle,
    I have never had a flare up at Helen Turner and certainly not 15 years ago. Clear your head, your misguided fantasies are getting really old.

    Clearly Mr. Armas or whom ever you choose to defend did not think any postings rose to the level of being slanderous enough to take personal action against a poster. Remember Mr. Kyle, elected officials are fair game for criticism, frustrated remarks and yes even accusations of wrong doing. They and only they may institute an action seeking relief. WHile you may want to be their defender, you have no legal standing as far as I know. Of course I must add this caviat, this is only my opinion.

  • Michael Moore

    Mr. Kyle, perhaps you are having difficulty understanding my plain language.

    I was not a teacher in the classroom, not that being a teacher means much as far as my comments are concerned. I believe that the failure of the HUSD is due to the mediocre efforts on behalf of everyone. Those who have been in the system, like you, should quit, begin a disciplinary process, be retrained, resign or be voted out. They have not produced the mijnimal acceptable results.

    I could care less what you or others think of my opinion. I need no adulation. I earned the opinion that overs have of me and I am happy to pay the price for that. No one is going to vote for me and I seek no office.

    Give up the slander drivel. No one has slandered you. If you think they have, then sue them. Lawyers will love to take your money. I am happy to recommend some for you.

    Merriam Webster is not a legal authority and is not germane to this discussion. Quit with the legal stuff, you do not have standing for it.

    Let the past be, your take on the past is of no interest to anyone other than you.

    You lost another game, Mr. Kyle. You are not learning. You are playing poorly. Fold now. Spare us the responsibility of scrolling past your repetitive, poorly written, groundleess and self serving posts.

    If you cannot control this, I suspect that you will end up without the permission to post.

    Grow up and act like an adult.

  • John W. Kyle

    Moore:
    If being in the ‘system’
    You need no adulation ? Then what is your purpose in decrying the integrity of trustees, especially when uncapable of offering a viable path to recovery?

    You avoid recognition of the part played by parents who fail their children.

    Cryptic criticism offers nothing to the benefit of ‘community’.

    When will you offer personal support and involvment in logical, pro-active solutions? You and Booth both have not taken opportunity to suggest valid solutions to the parental problems. How would you suggest that Hayward Schools cope with the presence of an incredibkle number of paroled felons as well as those cutrrently being released, ( under Federal Court order,) without supervision? Their numbers approach 600 in Hayward and Oakland suffers a number well above 2,500. While Pleasanton enjoys highetr ranking in test scores, most probably because presence of parolees in Pleasanton is counted at only 12 parollees in their school district.

    Pleasanton has avoided introduction of low income housing in it’s area of influence. They recently lost a lawsuit intended to correct that problem but additional suits nust be brought to assure compliance.

    Do you think even for a moment that felons, without children but living in Hayward are not an influence? Where do you think truants go when not in class,if not to the street corners where ‘Cash Flash’ becomes a substitute for education in typical class attendence.

    You obviously have benefited FROM a good education but have taken up the art of cheap criticism rather than involve yourself with substantive support to the education community!

    Start looking for opportunity for pro-active support!

    BOOTH…… NO REPLY OFFERED to those in denial!

  • John W. Kyle

    Mr. Moore;
    I break this into twioo chapters since length seems to be an obstacle to reading contributiohn.

    Most pleased to hear that you had no direct, classroom experience as a teacher. One might have been tempted to cite that as a contribution to problems at HUSD.

    Your problem is endemic to education in this portion of Alameda County. Much in the way of criticism but little or no constructive thought brought forward from too many mindless members of this community. I had thought you might be different, another culpa hardly worthy of recognition at confession time.

    Now my thoughts about you lead to the conclusion that you are destructive rather than constructive in your self defeating criticism of the Trustees and Administrators of HUSD. Guys like you encounter the tendency to ‘circle the wagons’ which solves nothing for this community, which has long been seen as contributing to the problem rather than solving anything.

    Again, public comments at Board meetings are abusive and frequently based on ineptness of mind found in those issuing complaint. It is seldom that you see folks coming forth to offer compliment or, more seriously, present solid suggestion leading to adoption. As an example, for many years I had asked the Administration to print out an index of acronyms (abbreviations for various ‘programs’) in use at publication of the Board’s agenda.

    In next Wednesday’s board meeting the agenda is preceeded by a list of acronyms which identify the verse and chapter identifying the topic at hand. My thanks to Mr. Armas for making it easier to aid assimilation of new comers, whether they be teachers or parents. A simple request directed to Mr. Armas privately rather than still another public request made at ‘comment time’ preceeding the meetings as I had done in earlier years. Do you thimk I made a ,mistake by not approaching others in private fashion. I do, because it is my present suspicion that Trustees just ’tune out’ when barraged by thoughtless, uninformed complaints. which are delivered in upbraiding fashion.

    What you need to do is to employ your mind in presenting solutions rather than outright dumb statements to the effect that pay checks, miserable as they are, ought be denied until….. what or when?

    Sir , use of the Merriam Webster dictionary is quite germane to the fashion in which issues are raised. The fact that you are unable to recognize an understanding or recognition of slander when it occurs, reflects your need to examine your approach to the problems of HUSD. Try something to aid your outlook. Have you volunteered any of your time to HUSD? In any capacity?

    In yours numbered # 25, third paragraph you make grammatical errors

    In fourth paragraph, slander is not drivel especially when it implies or makes direct accusations.

    In your last sentence you offer advice which you ought accept for yourself.

    Finally, in your second paragraph… You state that: “Those who have been in the system, like you, should quit……. Sir, I have never been in the ‘system’ if by use of that word you imply that I was on the payroll. On the other hand since my early retirement in 1991, I have volunteered to serve in an advisory capacity, together with other citizens in about 23 or 24 ‘Task Force Groups’ or ad hoc advisory groups involving both the City of Hayward and HUSD School district. I even performed landscape/janitorial efforts at the closely located Longwood School, even though I had sent all four of my children to a nearby parochial school. Heck, at one time I heard advice at public comments, by a neighbor, that by virtue of sending my children to Parochial schools, I had no right to stick my nose into public school affairs. At that point a Trustee, known to be active in the Presbyterian Church, broke silence to rebuke that gentleman and suggested that I be thanked for my tax contributions to public schools.

    That gent, a former principal, took ‘early retirement’ and it was He whose efforts at recall of three trustees, (including his wife’s cousin and advocate at Personnel Commission hearings), would have necessitated an election three months prior to the general election. I enjoyed picketing his recall efforts through the spring of 1994. None of the teachers offered aid in that effort.

    I do not include that ‘picketing’ effort in my service involving 23 or 24 ad hoc or task force groups serving the City and School District.

    In all that effort, which involved 100’s of hours of retirement time, while the list of ’honey do’s at home grew just as long as ever. I never once ran across the name of Michael Moore.

    I wonder, sir, why you offer criticisms of HUSD Administration or the Trustees which remarks are seen as being destructive rather than pro-active in a fashion that resolves the problem. Some times, paying taxes simply does not relieve citizenry of ’pitching in’ to resolve issues in a more successful manner than what you suggest.

    I am done with you!

  • Michael Moore

    Mr. Kyle,

    1. The best efforts of Hayward and the HUSD have not yielded acceptable results. Acceptable results are performance equal to that of the average of California.

    2. My purpose is to speak directly to my opinion that the State should take over the HUSD. They state should identify all of the failures and fix them.

    3. The Trustees will be fixed by the voters. I urge all of the incumbents to resign as soon as the state takes over HUSD.

    4. I am not cryptic and my comments are limited to the HUSD. I have no interest in spending time helping the community.

    5. You need to slow down and correct your spelling, grammar and use of capitals. Your continued failure is an insult to all of us. Please stop doing this.

    6. This series is about HUSD. Leave it at that.

    7. None of us can fix parental problems. Your solution to that is in your elected represenatatives. I do not chose to comment on that in this series. When Hayword brings up the political points I will weight in. You need to stay on point.

    8. This is about Hayward, not Pleasanton. I do not care about Pleasanton. If you like, perhaps you will go there.

    9. I have no interest in to the issues outside of the HUSD in this series.

    10. Perhaps you will continue to talk to the police and ask them to enforce your rules. They will do what is correct.

    You need to stay on point or better yet, just quit. You are not really welcome here Mr. Kyle.

  • Mr. Kyle,
    If you have actual proof that I was at Helen Turner 15 years ago causing any kind of “rukus”, please offer it up. You are simply a victim of your own imagination.

    To everyone,
    Did anyone go to the candidates’ forum on Saturday>

  • John W. Kyle

    Moore;

    I’ve been into the blog since it’s beginning.You/// 30 -40 days?

    In 1.0 above YOU STATE: “the best efforts of the Hayward and HUSD…..? By ‘the Hayward”…DO YOU MEAN THE CITY? A SEPARATE JURISDICTION ONLY PART OF WHICH IS WITHIN husd BOUNDARIES…. AND IT LACKS JURISDICTIOHN. Unfortunately when two school districts were merged it would have been preferable to Use The Mt. Eden name rather than Hayward….. for the obvious reason!

    # 4.) no interest in helping the community….?
    …… then why all the belly aching?

    #5.0 if so annoying… why read it?

    #6.) I thought it was about students and their success in latter life !

    7.) I agree…. a single person by themselves will not aid parents….. but collectively ?… Think about that !

    8.) True, Pleasanton is not the center of the problem in Hayward… but it contributes to our problem when, as I explained earlier, pergaps before you joined the blog, …. When the Supt. of schools speaks to the parents on graduation day and while pointing to the west… states: “Are you not glad that your children are not attending schools on the other side of those hills….at which time the audience brole out into cheers, applause, foot stomping, whistles and laughter…. an honest person,. such as your self would have to ask why Pleasanton is not brought to the party ! Do you think the State might find a way to share som convicted felons and lighten their influece upon young minds raised in near proximity to those ‘models of good citizenship’!

    9.) The issues involving HUSD are intertwined with the heavy load of social issues found in Hayward and adjacent un-incorporated areas of Alameda County.

    10.) now you are guilty of being rediculous!.

    Finally, who in blazes are you to tell me that I am not welcome here. That is a really dumb remark!

    Thoughtless folk soon tire of the blog…. you are becoming tiresome!

  • K Rocchio

    Kathi – I was unable to make the forum on Saturday, have you heard anything about how it went?

    I agree with the post and comment from Lucy’s Mom and Teachermama regarding leaving the district. As an involved parent, one can not only make a difference for one child, but for many. I not only have high expectations, but I am willing to fight for what my children need and deserve. “Don’t leave HUSD, make it better!” … difficult at times, but well said!

    Michael Moore – I am also frustrated with those that believe hoping for improvement is enough. We have to be willing to get involved and sometimes do the job ourselves! I don’t want the Board Candidates to say they want to make things better, change things, improve achievement, etc.. I want details on what they will change. What policies do they question, what conditions will they make an effort to change?

    Some of my concerns regarding compensation based on results: As a parent I am already greatly concerned by “teaching to the test”. I am also worried about teachers trying to select the high scoring students when breaking out the classrooms. Who will choose to have the FBB (Far Below Basic) students?? There are already schools and entire Districts willing to “take-in” our students with high test scores. To some extent high test scores are the ticket out of HUSD, and if so our teachers will never reap the benefits of their hard work!

    I think that to some extent compensation based on performance is an excellent motivator. I just think it is critical that we find the appropriate way to measure performance, and I’m not convinced API numbers tell the whole story.

  • John W. Kyle

    MS. ROCCIO;

    Well said! QUITE PRO-ACTIVE!

  • observer

    I agree with compensation based on performance just as it is in private industry. But the “teaching to the test” method obviously doesn’t work. I’ve spoken to parents in other school districts and when I mention “teaching to the test” they don’t have any idea what I’m referring to. The teachers in their school districts just teach the curriculum and from there the students get all of the information they need to do well on the “test”. They said their children think of STAR testing days as a day off from regular school work. There has to be a way to measure the improvement of an individual class or student from the beginning of the year to the end of the year. If this sort of method was used as a measure of improvement on the part of the teacher it would eliminate the problem of teachers not wanting the far below basic students. But based on Mr Moore’s measure it would also give incentive for the district as a whole to provide any additional assistance needed to those children to make sure they are not below basic and thus raise the overall performance of the district.

    I agree with Ms Rocchio that each board candidate needs to have a real plan of what they will propose as a real change toward improvement. Programs that benefit all of children. Parental involvement is essential but if a child is identified as one who needs fostering because their parent is not able to provide them with the support they need then there should be a program in place for that. And if there are bad apples that need to be left to fall through the cracks to save the children who want to learn then sometimes you have to allow that to happen as well. Some of those apples will come around as adults but others are so intent on failing that to continue to spend all of the resources trying to “save” them while the kids who just need a little extra boost to be successful are left to flounder just doesn’t seem right to me. With limited resources the money needs to go where it can do the most good and result in overall improvement.

  • To Ms. Rocchio and Observer,

    Each candidate must indeed state what their personal plan would be to make improvements to the distressful conditions in HUSD.

    There is one major stumbling block to the chance of getting their plan(s) implemented, and that is they must garner at least 2 other votes from their colleagues to make it happen. And there in lies the problem, there is absolutely no guarantee that there will be the necessary support. Unfortunately, it matters not whether the idea or plan is a good one and could be implemented district wide, what matters is if 2 other board members agree. I realize that I sound like a nay-sayer, and perhaps I am, but I do think that what I have stated is most likely a reality.

  • observer

    Sadly you are correct and unfortunately that’s where the politics come in. One would hope people can open their mind to what is best for the general population of children and set their personal agenda aside but that does not appear to be the case most of the time.

  • Lucy’s Mom

    I was speaking with a teacher, at the grocery line, of all places! The conversation about programs that do not work came up. She teaches middle school here in Hayward, according to her we have in our 4 middle schools around 700-800 ELLS that are not reclassified, not even near. I wonder, when they reach High School, what are these youngsters going to do to get a diploma? I was told many become drop out, become truant students, etc. Teachermama explained Bilingual Ed. to me very nicely to me. I do respect her point of view, however, 700-800 is a very significant number. I ask the teacher if that is a discussion they are having and she said; No! Nobody wants to talk about a revision of a Master Plan for English Learners, if one is outspoken; one must be ready for backlash, name calling, etc. She also informed me that this program brings the most money to Hayward. Why is not working?
    Maybe I will attend the next forum and ask that question to the candidates. Observer, where you referring to that program? I understand that the Plan is on the HUSD website. I need to start reading it. I wonder where can I check if the numbers that the teacher gave me are correct. Are these kids long term residents of Hayward? Did they participate in Bil. Ed? Any ideas?