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Principal of Northgate High in Walnut Creek resigns

I have received the following message from the Northgate HS Parent Faculty Club in Walnut Creek from Principal John McMorris, announcing his resignation.

“Dear Northgate Community,

It is with great regret that I announce to you that I have resigned as principal of Northgate High School.

For six years, it has been my biggest honor and highest accomplishment to be your principal. Together, we have moved Northgate forward and created a strong, collaborative and supportive community between all the stakeholders of our school. We have transformed Northgate into a school that we can all be proud of — Bronco spirit pervades our community; test scores are up; AP classes have increased; football lights shine and a pool is being built; dedicated teachers have been empowered to create dynamic and collaborative professional learning communities; WASC commended us for our outstanding leadership and direction; our athletes perform at the highest levels; our performing arts continue to win awards and recognition; and our students are learning at high levels and are committed and involved in their school. We have a lot to be proud of.

There is still work to be done, and I am confident that the collaboration between students, teachers, staff, administrators and parents will continue to build on our past successes. I know you will continue to fight for the best education for all of the Northgate students.

I have too many people to thank to name them all here. And, frankly, every parent, student, and staff member who has walked through those doors over the last 6 years has helped make Northgate a better place, and I am forever indebted to everyone’s hard work, dedication, and support.

As I have said over the past six years, Northgate has the best students I have ever had the privilege to work with. I leave with countless memories of these amazing students. Your children give me great hope for our future!

It has been a great six years to be a Bronco!

Most sincerely,

John McMorris”

Posted on Monday, June 30th, 2014
Under: Education, Mt. Diablo school district, Walnut Creek | 39 Comments »

Mt. Diablo school board to make appointments, approve accountability plan and budget

Here is the agenda for tonight’s MDUSD board meeting, which starts at 7:30 p.m. at the district office, 1936 Carlotta Drive in Concord.

“1.0 Call to Order
1.1 President will call the meeting to order Info
2.0 Announcements

3.0 Public Comment
3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info
4.0 Closed Session Agenda
4.1 (Item #1) Expulsion of Student # 10-14 from all regular schools of Mt. Diablo Unified School District. Action
4.2 (Item #2) Expulsion of Student #11-14 from all regular schools of Mt. Diablo Unified School District. Action
4.3 (Item #3) Expulsion of Student #12-14 from all regular schools of Mt. Diablo Unified School District. Action
4.4 (Item #4) Expulsion of Student #13-14 from all regular schools of Mt. Diablo Unified School District. Action
4.5 (Item #5) Readmission of Student # 24-12 into the Mt. Diablo Unified School District. Action
4.6 (Item #6) Readmission of Student #20-13 into the Mt. Diablo Unified School District. Action
4.7 (Item #7) Readmission of Student #21-13 into the Mt. Diablo Unified School District. Action
4.8 (Item #8) Readmission of Student #2-14 into the Mt. Diablo Unified School District. Action
4.9 (Item #9) Denial of Readmission of Student # C-14 into the Mt. Diablo Unified School District. Action
4.10 (Item #10) Denial of readmission of Student #8-13 into the Mt. Diablo Unified School District. Action
4.11 (Item #11) Denial of Readmission of Student #19-13 into the Mt. Diablo Unified School District. Action
4.12 (Item #12) Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey, Agencies: MDEA, CSEA, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
4.13 (Item #13) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
4.14 (Item #14) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does 1-15 v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
4.15 (Item #15) Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 2 cases Info/Action
4.16 (Item #16) Conference with Negotiators; Unrepresented Employees; Diablo Managers Association and others. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
4.17 (Item #17) Superintendent’s Evaluation Info/Action
5.0 Adjourn to Closed Session at 6:00 p.m.
5.1 Adjourn to Closed Session Info

6.0 Reconvene Open Session
6.1 Reconvene Open Session at 7:30 p.m. Info

7.0 Preliminary Business
7.1 Pledge of Allegiance and Roll Call Info

8.0 Report Out Action Taken in Closed Session
8.1 (Item #1) Expulsion of Student # 10-14 from all regular schools of Mt. Diablo Unified School District. Action
8.2 (Item #2) Expulsion of Student #11-14 from all regular schools of Mt. Diablo Unified School District. Action
8.3 (Item #3) Expulsion of Student #12-14 from all regular schools of Mt. Diablo Unified School District. Action
8.4 (Item #4) Expulsion of Student #13-14 from all regular schools of Mt. Diablo Unified School District. Action
8.5 (Item #5) Readmission of Student # 24-12 into the Mt. Diablo Unified School District. Action
8.6 (Item #6) Readmission of Student #20-13 into the Mt. Diablo Unified School District. Action
8.7 (Item #7) Readmission of Student #21-13 into the Mt. Diablo Unified School District. Action
8.8 (Item #8) Readmission of Student #2-14 into the Mt. Diablo Unified School District. Action
8.9 (Item #9) Denial of Readmission of Student # C-14 into the Mt. Diablo Unified School District. Action
8.10 (Item #10) Denial of readmission of Student #8-13 into the Mt. Diablo Unified School District. Action
8.11 (Item #11) Denial of Readmission of Student #19-13 into the Mt. Diablo Unified School District. Action
8.12 (Item #12) Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey, Agencies: MDEA, CSEA, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
8.13 (Item #13) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of Richard Heyer v. MDUSD, Case No. MSC11-01425 Info/Action
8.14 (Item #14) Existing Litigation – Conference with Legal Counsel pursuant to Gov’t. Code Section 54956.9 (d)(1) regarding the matter of John Does 1-15 v. MDUSD, Case Nos. MSC14-00262, MSC14-00289, MSC14-00312 Info/Action
8.15 (Item #15) Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 2 cases Info/Action
8.16 (Item #16) Conference with Negotiators; Unrepresented Employees; Diablo Managers Association and others. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
8.17 (Item #17) Superintendent’s Evaluation Info/Action

9.0 Recognitions and Resolutions
9.1 Recognition of 2014 High School Valedictorians and Salutatorians Info

9.2 Recognition of MDUSD’s District English Learners Advisory Council (DELAC) Info

10.0 Board Member Reports
10.1 Board Member Reports Info
11.0 Superintendent’s Report

11.1 Superintendent’s Report Info

12.0 Reports/Information
12.1 Community Advisory Committee Annual Report Info

12.2 PULLED BY STAFF: Presentation by the Pleasant Hill “Green Team” Info

13.0 Public Employee Appointment
13.1 Appointment of Principal, High School – Concord High School Action
13.2 PULLED BY STAFF: Appointment of Vice Principal, High School – Concord High School Action
13.3 Appointment of Principal, Middle School – Riverview Middle School Action
13.4 PULLED BY STAFF: Appointment of Principal, Middle School – Oak Grove Middle School Action
13.5 Appointment of Director, School Support and Accountability Action
13.6 Appointment of Administrator, Equity & Disproportionality Action
13.7 Revise Job Description for School Support Administrator Action
13.8 Appointment of School Support Administrator Action
13.9 Appointment of School Support Administrator Action
13.10 Appointment of School Support Administrator Action
13.11 Appointment of School Support Administrator Action
13.12 Appointment of School Support Administrator Action
13.13 Appointment of Director, Facilities, Operations and Resource Conservation Action
13.14 Appointment of Interim Manager, Building & Grounds Action
13.15 PULLED BY STAFF: Classified Personnel: Appointment of Occupational Therapist Action
13.16 Classified Personnel: Appointment of Occupational Therapist Action

14.0 Consent Agenda Action
14.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
14.2 (Item #2) Recommended Action for Certificated Personnel Action
14.3 (Item #3) Request to Increase and Decrease Full Time Equivalent (FTE) for the 2014-2015 School Year Action
14.4 (Item #4) Approval of Variable Term Waiver Request Action
14.5 (Item #5) Recommended Action for Classified Personnel Action
14.6 (Item #6) Classified Personnel: Request to Increase/Decrease Full Time Equivalent (FTE) and Change Funding for the 2014-15 School Year Action
14.7 (Item #7) Revision of Administrative Regulation 4317.1 Action
14.8 (Item #8) Fiscal Transactions for the month of May 2014. Action
14.9 (Item #9) Request to Approve Independent Services Contract with Mt. Diablo Unified School District and Solution Tree, Inc. Action
14.10 (Item #10) Approval of School Site Comprehensive School Safety Plans for 2014-15 Action
14.11 (Item #11) Approve Increase to Contract between Mt. Diablo Unified School District (MDUSD) and Paradigm HealthCare Services, Inc. for the 2013-14 Fiscal Year Action
14.12 (Item #12) Increase of Independent Services Contract with Martha Pollock, LCSW at Ygnacio Valley High School. Action
14.13 (Item #13) Approve contract increase to independent service contract with Kristin Obrinsky, Physical Therapist Action
14.14 (Item #14) Adjustments to Non Public Agency Ed Support Services for the 2013-14 school year for services rendered Action
14.15 (Item #15) Approve Master Contract/Purchase Order with Non-Public Agency Ed Support Services for the 2014-15 School Year Action
14.16 (Item #16) Execution of Master Contracts/Purchase Orders for Non-Public Schools for the 2014-15 school year Action
14.17 (Item #17) Approval of Master Contract between Mt. Diablo Unified School District (MDUSD) and Speech Pathology Group for Speech and Language services for the 2014 Extended School Year Program and the 2014-15 school year. Action
14.18 (Item #18) Approve contract between Mt. Diablo Unified School District (MDUSD) and AccentCare Home Care Services, Non Public Agency (NPA), for the 2014-2015 school year Action
14.19 (Item #19) Memorandum of Understanding between Mt. Diablo Unified School District and the Contra Costa County Probation Department Action
14.20 (Item #20) Approve Independent Service Contract between Mt. Diablo CARES After School Program and Bay Area Community Resources (BACR) Action
14.21 (Item #21) Approve Independent Service Contract between Mt. Diablo CARES After School Program and Resource Development Associates (RDA) Action
14.22 (Item #22) Renewal of Independent Service Contract with David H. Costa for Courier Service for Food Services and site pick-up to financial institution. Action
14.23 (Item #23) Resolution #13/14-54 for Authorization to Award Summer Contracts Action
14.24 (Item #24) PULLED BY STAFF: Award of RFQ #1683: Supplemental Student Transportation Services Action
14.25 (Item #25) Food and Nutrition Services Purchase order 2014-2015 Action
14.26 (Item #26) Food and Nutrition Services Purchases 2014-2015 Action
14.27 (Item #27) Revise Environmental Course of Study Action
14.28 (Item #28) Approve 2014-2015 Single Plans for Student Achievement Action
14.29 (Item #29) Approval of Final (deductive) Change Order to Taber Construction, Inc. for LLB #1644 – New Chemistry Classroom Building at Ygnacio Valley High School Action
14.30 (Item #30) Award Design Services Contract to Verde Design, Inc. for Athletic Facility Improvements at Mt. Diablo High School Action
14.31 (Item #31) Notice of Completion for Lease Leaseback #1644: New Chemistry Classroom Building at Ygnacio Valley High School Action
14.32 (Item #32) Increase to Independent Services Contract with AA Medtrans Action
14.33 (Item #33) Request to increase Purchase Order for VeCare Health Services. Action
14.34 (Item #34) Minutes for the Board of Education Special Meeting held on August 21, 2013 Action
14.35 (Item #35) Minutes for the Board of Education Special Meeting held on August 5, 2013 Action
14.36 (Item #36) Minutes for the Board of Education Special Meeting held on July 31, 2013 Action
15.0 Consent Items Pulled for Discussion

16.0 Communications
16.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info

17.0 Public Comment
17.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info

18.0 Business/Action Items

18.1 Walnut Creek Sister City International Program Info/Action

18.2 Authorization to proceed with execution of a short-term agreement with YMCA of the Central Bay Area for temporary facilities at the Strandwood site. Info/Action

18.3 Public presentation of an additional proposal to sunshine from Teamsters Local 856. Info

18.4 Opportunity for public response to the additional proposal to sunshine from Teamsters Local 856. Action

18.5 Meeting Extension Action

18.6 Update to the Local Education Plan: Title III Action

18.7 Approve the Submission of the 2014-2015 Consolidated Application for Funding. Action

18.8 Adoption of Mt. Diablo Unified School District’s Local Control Accountability Plan (LCAP) Action

18.9 Public Hearing and Adoption of the 2014-2015 Budget Action

18.10 Public Hearing for Resolution 13/14-42 to Utilize Flexibility of SBX3 4 and SB70 Action

18.11 Resolution 13/14-42 to Utilize Flexibility Authorized by SBX3 4 and SB70 Action

18.12 Application for Vendorization for Mt. Diablo Adult Education, Adults with Disabilities TOPS program to the Regional Center of the East Bay. Action

18.13 PULLED BY STAFF: Request authorization to submit the 2014-2017 Technology Plan to California Department of Education Action

18.14 Addition of Monthly Board Meeting Action

18.15 Second Meeting Extension Action

18.16 Resolution No. 13/14-55 in the matter of employment of retired classified employee Lawrence M. Schoenke. Action

18.17 Legal Services Contract with Latisha McCray, Contract Attorney Action

18.18 Post Retirement Contract for Adult Education Administrator. Action

18.19 Approval of School Counselor Position and Creation of Six School Counselor Positions Info/Action

18.20 Authorize the Superintendent to Make Interim Appointments to Administrative Positions Action

18.21 Independent Services Agreement with Total School Solutions for Consulting Services Action

18.22 Memorandum of Understanding with the City of Concord for the Restoration of School Resource Officers at 3 MDUSD High Schools Action

18.23 Minutes for the Board of Education Special Meeting held on May 27, 2014 Action

18.24 Minutes for the Board of Education Meeting held on May 28, 2014 Action

19.0 Future Agenda Items
19.1 Future Agenda Items Info

20.0 Closed Session
20.1 Items not completed during the first Closed Session will be carried over to this closed session. Action
21.0 Adjournment
21.1 Adjourn Meeting Info
22.0 Reconvene Open Session
22.1 Reconvene Open Session Info”

What items interest you?

Posted on Wednesday, June 25th, 2014
Under: Education, Mt. Diablo school district | 69 Comments »

Northgate High senior projects help others

After reading about group research projects presented by eighth-graders at Foothill Middle School in Walnut Creek, Northgate High parent Mark Hearn contacted me to spread the word about intensive senior projects presented each year by students at that Mt. Diablo district school.

Here is what he wrote in an e-mail:

“As a local parent of three kids all in the Mt. Diablo system, Valle Verde, Foothill and Northgate, I cannot begin to express how valuable and special the Northgate Senior project is. For the past 15 years (as I understand) Northgate seniors have been required in their second semester to participate in this event as part of their English class.

“Not only have all three of my kids participated but thousands of other students and yes, us parents get sucked into this amazing process. Each student is required to ask a question, and then over the course of the semester write a paper and develop a project around their question with a final conclusion.

These range from how to raise awareness of human sex trafficking in young girls to why do doctors only want to medicate kids with ADD (Attention Deficit Disorder) versus using cognitive psychology.

“I am proud that our son Kyle raised over $4,750 for the Agape International Mission, whose charter is to prevent, rescue, restore and re-integrate those affected by sex trafficking. He not only spoke at the local St. Matthew church, but also Walnut Creek Presbyterian, and was recognized at Industrial Light and Magic’s (Lucas Films) recent screening of ‘The Pink Room’ — an Emmy-nominated documentary about this horrific yet huge issue.

“Right in our own backyard on Monument Boulevard is one of the largest hubs in Northern California and California is one of the largest regions in the U.S.,” Kyle stated during his presentation to the congregation.

“I mention all of this because for the fourth year in a row I judged with other parents, businessmen and even (Walnut Creek) Councilman Bob Simmons to hear some great presentations and thought you might want to raise awareness of this great program.”

More information about Agape International and The Pink Room is at agapewebsite.org.

I have previously written about Northgate senior Anna Waletzko, whose senior project was to put on a benefit concert to raise money for the Mt. Diablo Education Foundation. She and other music advocates spoke passionately to the school board about the need to reinstate elementary music, which was cut several years ago.

Based partially on this advocacy, the school board has decided to bring back instrumental music instruction in the fifth grade.

I also attended a benefit concert put on by another senior to raise money for The Eliminate Project, sponsored by Kiwanis International, to eliminate maternal and neonatal tetanus worldwide by providing vaccines. The sale of concert tickets and related merchandise raised $1,806.

“That ends up being a total of 1,000 mothers and their future children that we’ve saved,” said the student, while the audience stood and cheered.

A Kiwanis rep said UNICEF started Project Eliminate in 2000, when 59 countries were facing epidemics of neonatal tetanus.

“A baby is dying every nine minutes from this dreaded disease,” the rep said. “We don’t hear about it in the United States.”

He thanked the Northgate High community for helping to solve this global problem.

“Tonight, all of you who are here and bought a ticket saved three-and-a-half or four-and-a-half lives,” he said. “And as Kiwanian, I salute all of you.”

How are students in your community making a difference?

Posted on Friday, June 13th, 2014
Under: Education, Mt. Diablo school district | No Comments »

MDUSD board on Wednesday to appoint new administrators, unveil Local Control Accountability Plan

Now that the Mt. Diablo school board has approved a reorganization plan presented by Superintendent Nellie Meyer, it is ready to start appointing people to fill the newly created positions. On Wednesday, the board expects to appoint two new assistant superintendents, an executive director of operations, interim director of budget and fiscal services, director of College/Career/Adult School, director of Measure C, director of School Support and Accountability, director of special projects and five school support administrators.

Here is the complete agenda for the meeting, which begins at 7:30 p.m. in the district board room:

“TYPE: Regular Board Meeting
DATE: 6/4/2014 TIME: 7:30 PM CODE:
LOCATION: School District Board Room-1936 Carlotta Drive, Co

1.0 Call to Order
1.1 President will call the meeting to order Info
2.0 Announcements
2.1 In closed session, the Board will consider the items listed on the closed session agenda. Info

3.0 Public Comment
3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info

4.0 Adjourn to Closed Session at 6:00 p.m.
4.1 Adjourn to Closed Session Info

5.0 Closed Session Agenda
5.1 Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey, Agencies: MDEA, CSEA, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
5.2 Conference with Negotiators – Unrepresented Employees – Diablo Managers Association. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
5.3 Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 1 case Info/Action

6.0 Reconvene Open Session
6.1 Reconvene Open Session at 7:30 p.m. Info

7.0 Preliminary Business
7.1 Pledge of Allegiance and Roll Call Info

8.0 Report Out Action Taken in Closed Session
8.1 Negotiations – The Board may discuss negotiations or provide direction to its representatives regarding represented employees, pursuant to EERA (Govt. Code Section 3549.1) Agency negotiators: Julie Braun Martin and Deborah Cooksey, Agencies: MDEA, CSEA, Teamsters M&O, Local One CST, MDSPA, and Supervisory. Info/Action
8.2 Conference with Negotiators – Unrepresented Employees – Diablo Managers Association. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
8.3 Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 1 case Info/Action

9.0 Recognitions and Resolutions
9.1 Recognition of the Northgate High School Jazz Band Info

10.0 Board Member Reports
10.1 Board Member Reports Info

11.0 Superintendent’s Report
11.1 Superintendent’s Report Info

12.0 Reports/Information
12.1 Annual Report of the 2010 Measure C Citizens Bond Oversight Committee Info

12.2 Final Report – 2002 Measure C Citizens Bond Oversight Committee Info

13.0 Public Employee Appointment
13.1 Appointment of Assistant Superintendents (2) Action

13.2 Appointment of Executive Director, Operations Action

13.3 Appointment of Interim Director of Budget and Fiscal Services. Action

13.4 Appointment of Director of College/Career/Adult School Action

13.5 Appointment of Director, Measure C. Action

13.6 Appointment of Director, School Support and Accountability Action

13.7 Appointment of Director, Special Projects Action

13.8 Appointment of School Support Administrator, – 5 Positions Action

14.0 Consent Agenda Action
14.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
14.2 (Item #2) Recommended Action for Certificated Personnel Action
14.3 (Item #3) Recommended Action for Classified Personnel Action
14.4 (Item #4) Classified Personnel: Request to Increase and Decrease Full Time Equivalent (FTE) for the 2013-14 and 2014-15 School Year Action
14.5 (Item #5) Declaration of Need for Fully Qualified Educators Action
14.6 (Item #6) Approval of Variable Term Waiver for CBEST Request for 30-Day Substitute Teacher Permits for the 2014-2015 school year. Action
14.7 (Item #7) CIF North Coast Representative for MDUSD High Schools 2014-2015 Action
14.8 (Item #8) Adjustments to NPS Contracts/Purchase Orders Action
14.9 (Item #9) Approve Increase to Purchase Order for Contra Costa County Office of Education (CCCOE) to Provide Temporary One-to-One Assistants for Special Education Students during the 2013-2014 School Year Action
14.10 Item #10) Request approval of independent service contract with Laurie Gulutzan, MFT, to provide counseling services to the students at Crossroads High School Action
14.11 (Item #11) Approve contracts with DataWorks Educational Research for services provided at Bel Air Elementary during June and July 2014. Action
14.12 (Item #12) Approval of new text for Economics course, “Economics: Concepts and Choices”, Holt McDougal Action
14.13 (Item #13) Procurement of Technology upgrades, Installation and Wiring for Bel Air Elementary Action
14.14 (Item #14) Award of Bid #1676: Theatre Audio Equipment at College Park High School Action
14.15 (Item #15) Award of Bid #1677: Theatre Drapes and Curtains at College Park High School Action
14.16 (Item #16) Award of Bid #1678: Theatre Lighting Fixtures and Controls for College Park High School Action
14.17 (Item #17) Notice of Completion for Bid #1645: Sports Field Lighting at Ygnacio Valley High School Action
14.18 (Item #18) Approval of Final (deductive) Change Order to Taber Construction, Inc. for Bid 1645 – Sports Field Lighting at Ygnacio Valley High School Action
14.19 (Item #19) Minutes for the Board of Education Meeting held on August 14, 2013 Action
14.20 (Item #20) Minutes for the Special Board of Education Meeting held on August 21, 2013 Action

15.0 Consent Items Pulled for Discussion

16.0 Public Comment
16.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentation are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info

17.0 Communications
17.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info

18.0 Business/Action Items
18.1 Mt. Diablo Unified School District’s Local Control Accountability Plan (LCAP) Info

18.2 Public Hearing on the Local Control Accountability Plan (LCAP) Info

18.3 Request to Approve Tentative Agreement between Public Employees Union Local I (CST) and the Mt. Diablo Unified School District (MDUSD)Regarding Articles 41 and 42. Action

18.4 Salary Increase for all Classified and Certificated Employees not Represented by a Bargaining Unit Action

18.5 (Item #8) Increase purchase order with Speech Pathology Group. Action

18.6 Mt. Diablo Adult Education Memorandum of Understanding with Contra Costa Community College District. Action

18.7 Mt. Diablo Adult Education Memorandum of Understanding with Monument Impact. Action

18.8 CAC Membership Renewal Recommendation for Community Advisory Committee (CAC). Action

18.9 Contra Costa County Employment and Human Services Department contract with Mt. Diablo Adult Education. Action

18.10 Approval of the Course of Study for AP Physics C: Mechanics Info/Action

18.11 Public presentation of an additional proposal to sunshine from Teamsters Local 856. Info

18.12 MDUSD Graduation Requirement Board Policy & Administrative Regulation Info/Action

18.13 Meeting Extension Action

18.14 Adoption of the Mt. Diablo Unified School District Special Education Local Plan Area (SELPA) Annual Budget Plan and Annual Service Plan for the 2014-2015 School Year. Action

18.15 Adoption of Multimedia I Course of Study Info

18.16 Adoption of Multimedia II Course of Study Info

18.17 Adoption of Multimedia III Course of Study Info

18.18 Memorandum of Understanding with the City of Concord for the Restoration of School Resource Officers at 3 MDUSD High Schools Info

18.19 Revision of BP 5141.32 Child Health and Disability Prevention Program Info

18.20 Revision of BP 5141.31 Immunizations and AR 5141.31 Immunizations Info

18.21 2014-2015 Single Plans for Student Achievement (SPSA) Info

18.22 Title I Schoolwide – Diablo Community Day, Sunrise Elementary, El Dorado Middle, Mt. Diablo HS, Ygnacio Valley HS, , Gateway Continuation High, Crossroads Continuation High and Olympic Continuation High. Info

18.23 Public Hearing for the Adoption of the 2014-15 Proposed Budget. Info

19.0 Future Agenda Items
19.1 Future Agenda Items Info

20.0 Closed Session
20.1 Items not completed during the first Closed Session will be carried over to this closed session. Action

21.0 Reconvene Open Session
21.1 Reconvene Open Session Info

22.0 Adjournment
22.1 Adjourn Meeting Info”

The district is currently advertising to fill the third new assistant superintendent position, along with the director of personnel and director of special ed positions. Do you believe this reorganization will improve the district?

Posted on Monday, June 2nd, 2014
Under: Education, Mt. Diablo school district | 56 Comments »

MDUSD superintendent aims to reorganize central office to improve accountability and support

MDUSD Superintendent Nellie Meyer has unveiled a plan to overhaul the district office administrative chain of command.

MDUSD Superintendent Nellie Meyer has unveiled a plan to overhaul the district office administrative chain of command.

Dramatic changes are on the horizon in the Mt. Diablo school district’s central office.

Superintendent Nellie Meyer, who came to the district from San Diego last September, unveiled a reorganization plan Wednesday that would abolish the current chief financial officer position, along with three assistant superintendent positions responsible for personnel, special education and student services, and Student Achievement and School Support, known as SASS.

Her report came two days after the board voted Monday in closed session not to renew contracts for the current administrators who hold those four positions: CFO Bryan Richards and assistant superintendents Julie Braun-Martin, Kerri Mills and Rose Lock.

“It is really a product of the first six months of my going to many different schools and looking at the organization and going through and asking a lot of questions about how things work and how things are organized,” Meyer said. “What I found, which is not atypical, is that after the series of years of budget cuts, there were gaps in the support. And then also there is the age-old perception or reality of central office versus site, which occurs often in very large districts.”

Meyer’s report cited “a strong perception of a disconnect between the students and schools, and the central office referred to as ‘DENT.” The district office’s official name is the James W. Dent Education Center.

“It was unclear who really was in charge of certain departments,” Meyer said. “It was unclear where a school might find support for different things.”

Meyer’s plan includes three new assistant superintendent positions: one each for elementary schools, middle schools and high schools.

“This is the structure by which we will see direct, responsive, clear lines of authority and support,” according to Meyer’s report. “All structures rely on strong staff, and the development and training of staff to these new roles will be ongoing. Staff will be required to think creatively, to problem-solve and to focus on our like mission of serving students.”

The assistant superintendents will be accountable for all academic and operational needs at the schools they oversee.

“This position is responsible for sharing and developing best practices, as well as ensuring equity of service,” Meyer’s report states. “In addition, they will be the point of contact to support the principal and community when resolving conflicts. As we continue to restore student supports, they will be responsible for a smooth implementation.”

Meyer also proposed creating two executive directors — one for operations and one for school support. Along with the general counsel, Meyer wants the executive directors and assistant superintendents to make up her “cabinet.” Now, the general counsel, chief financial officer and current assistant superintendents make up the superintendent’s council.

In the proposal, 10 administrators would report directly to Meyer: three assistant superintendents, two executive directors and five directors — one each for budget and fiscal services; human resources; Measure C bond construction projects; special projects; and college, career and adult school.

Meyer’s report calls for several of these top administrators to “be responsible for ensuring prompt, responsive, direct service” to schools and/or employees and the community.

The complete proposal is at http://esbpublic.mdusd.k12.ca.us/public_itemview.aspx?ItemId=8526&mtgId=460.

Although the board appeared receptive to the plan, a special education parent expressed concerns about the elimination of an assistant superintendent level administrator overseeing special education services. Under the reorganization, a director of special education would report to the executive director of instructional support.

Meyer told the parent that she believes all directors should have direct access to the superintendent. She invited those with questions or concerns to e-mail her at meyern@mdusd.org.

The board expects to vote on the plan May 28.

Do you agree with the proposal?

Posted on Friday, May 16th, 2014
Under: Education, Mt. Diablo school district | 137 Comments »

MDUSD board to meet Wednesday to discuss district office reorg., restoring funding for athletics, elementary vps and clerical positions

The Mt. Diablo school board will meet at 7:30 p.m. Wednesday in the district office board room at 1936 Carlotta Drive in Concord to vote on a district office reorganization that appears to be under discussion in closed session tonight. In addition, the board expects to vote on restoring funding for high school sports, four elementary vice principals and restoring the hours of clerical, secretarial and technical staff that were cut during lean budget years.

Here is the complete agenda:

“1.0 Call to Order
1.1 President will call the meeting to order Info

2.0 Announcements
2.1 In closed session, the Board will consider the items listed on the closed session agenda. Info

3.0 Public Comment
3.1 The public may address the Board concerning items that are scheduled for discussion during closed session only. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info

4.0 Adjourn to Closed Session at 6:00 p.m.

5.0 Closed Session Agenda
5.1 Expulsion of Student #6-14 from all regular schools of Mt. Diablo Unified School District. Action
5.2 Expulsion of Student #7-14 from all regular schools of Mt. Diablo Unified School District. Action
5.3 Release of Public Employees Action
5.4 Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 1 case Info/Action
5.5 Existing litigation – Roaldson v. MDUSD Info/Action
5.6 Existing litigation – Jane Doe v. MDUSD Info/Action
5.7 Conference with Negotiators – Unrepresented Employees – Diablo Managers Association. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
5.8 District Reorganization Action

6.0 Reconvene Open Session
6.1 Reconvene Open Session at 7:30 p.m. Info

7.0 Preliminary Business
7.1 Pledge of Allegiance and Roll Call Info

8.0 Report Out Action Taken in Closed Session
8.1 Expulsion of Student #6-14 from all regular schools of Mt. Diablo Unified School District. Action
8.2 Expulsion of Student #7-14 from all regular schools of Mt. Diablo Unified School District. Action
8.3 Release of Public Employees Action
8.4 Conference with Legal Counsel – Anticipated Litigation (Gov. Code Sec. 54956.9(b) Significant Exposure to Litigation: 1 case Info/Action
8.5 Existing litigation – Roaldson v. MDUSD Info/Action
8.6 Existing litigation – Jane Doe v. MDUSD Info/Action
8.7 Conference with Negotiators – Unrepresented Employees – Diablo Managers Association. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Info/Action
8.8 District Reorganization Action

9.0 Student Representatives

10.0 Recognitions and Resolutions
10.1 Resolution #13/14-49 Day of the Teacher Action
10.2 Resolution #13/14-50 Classified Employees’ Week Action
10.3 Asian Pacific Heritage Month Action
10.4 Resolution #13/14-51 Brown v. Board of Education Action

11.0 Board Member Reports
11.1 Board Reports Info

12.0 Superintendent’s Report
12.1 Superintendent’s Report Info

13.0 Reports/Information
13.1 Presentaton of AB 1266 Info

14.0 Consent Agenda Action
14.1 (Item #1) Items listed under Consent Agenda are considered routine and will be approved/adopted by a single motion. There will be no separate discussion of these items; however, any item may be removed from the consent agenda upon the request of any member of the Board and acted upon separately. Action
14.2 (Item #2) Recommended Action for Certificated Personnel Action
14.3 (Item #3) Classified Personnel: Request to Increase and Decrease Full Time Equivalent (FTE) for the 2014-15 School Year Action
14.4 (Item #4) Changes in status of the following classified employees. Action
14.5 (Item #5) Classified Personnel: Resolution of Reduction or Discontinuance of Classified Employees (Classified Layoff) Resolution No. 14/15-43 Action
14.6 (Item #6) Fiscal Transactions for the month of April 2014. Action
14.7 (Item #7) Adoption of “Pre-Calculus” Course of Study Action
14.8 (Item #8) Approve Independent Services Contract with Pivot Learning Partners Action
14.9 (Item #9) Contract addendum; Additional counseling services provided by John F. Kennedy University Action
14.10 (Item #10) Staff requests authorization for Meadow Homes Elementary to serve as a CREATE CA Turnaround Arts Program School. Action
14.11 (Item #11) Pine Hollow Middle School Trip to Odyssey of the Mind World Finals in Iowa Action
14.12 (Item #12) Award of Bid for RFQ #1679: Fire System Testing Action
14.13 (Item #13) Award of Request for Quotation #1673: Asbestos Abatement Services Action
14.14 (Item #14) Notice of Award for Request For Quotations #1681: Flooring Improvements Action
14.15 (Item #15) Notice of Completion for Lease Leaseback #1615: Campus Core Improvements at College Park High School Action
14.16 (Item #16) Approve Final Deductive Change Order #1615-001 (FCO) associated with Lease-Leaseback Agreement to Robert A. Bothman, Inc. for Campus Core Improvements at College Park High School. Action
14.17 (Item #17) Minutes for the Board of Education Meeting held on September 11, 2013 Action

15.0 Consent Items Pulled for Discussion

16.0 Public Comment
16.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District that is not on this agenda. These presentation are limited to three minutes each, or a total of thirty minutes for all speakers, or the three minute limit may be shortened. If there are multiple speakers on any one subject, the public comment period may be moved to the end of the meeting. Speakers are not allowed to yield their time. Info

17.0 Communications
17.1 District Organizations – At regular Board meetings, a single spokesperson of each recognized district organization may make a brief presentation following the Consent Agenda. Items are limited to those which are informational. Info

18.0 Business/Action Items
18.1 Revision of BP 5141.33 Head Lice Info

18.2 Creation of AR 5141.33 Head Lice to compliment BP 5141.33 Info

18.3 Revision of BP 5141.31 Immunizations and AR 5141.31 Immunizations Info

18.4 Revision of BP 5141.32 Child Health and Disability Prevention Program Info

18.5 Restoration of High School Athletics Info/Action

18.6 Restore Four (4) Elementary Vice Principal Positions Action

18.7 Restoration of hours and days for CST positions that were reduced during the budget cuts of 2010-11. Action

18.8 Salary Increase for all Classified and Certificated Employees not Represented by a Bargaining Unit Action

18.9 Reclassify eligible Coordinator, Student Services 6-8 to Vice Principal, Middle School and eligible Coordinator, Student/Community Services 9-12 positions to Vice Principal, High School Action

18.10 Reclassification of Classified Position in the Local One, Clerical, Secretarial, Technical (CST) Unit Action

18.11 Opportunity for public response to the Sunshine Reopener from Local One, Clerical, Secretarial & Technical (CST) Unit. Action

18.12 Approve 3D Modeling Course of Study Action

18.13 Presentation of new text for Economics course, “Economics: Concepts and Choices”, Holt McDougal Info

18.14 Revision of Board Policy 0410 (Nondiscrimination in District Programs and Activities). Action

18.15 Creation of Administrative Regulation 5145.3 (Nondiscrimination/Harassment & Transgender Regulation). Action

18.16 Revision of Administrative Regulation 6145.2 (Nondiscrimination and Equivalent Opportunities in the Athletic Program) Action

18.17 Revision of Board Policy 5145.3(Nondiscrimination/Harassment) Action

18.18 Authorization to Make Year-End Intra-Budget Transfers Action

18.19 YVHS’s Contract with Martha Pollock Increase Info/Action

18.20 Award lease/leaseback contract to EF Brett & Company, Inc. for construction of the CVCHS Athletic Facility Improvements Project for a guaranteed maximum cost of $2,716,886.64. Action

18.21 Minutes for the Special Board of Education Meeting held on March 24, 2014 Action

18.22 Minutes for the Board of Education Meeting held on April 30, 2014 Action

18.23 District Reorganization Action

19.0 Future Agenda Items
19.1 Future Agenda Items Info

20.0 Closed Session
20.1 Items not completed during the first Closed Session will be carried over to this closed session. Action

21.0 Reconvene Open Session
21.1 Reconvene Open Session Info

22.0 Adjournment
22.1 Adjourn Meeting Info”

It is interesting that the board is voting on the expensive restoration of programs and positions BEFORE presenting its draft Local Control Accountability Plan. These items are likely part of the plan. But by voting on them before showing the public the entire plan, it’s difficult for the public to know how these ideas fit into the bigger picture.

It is also surprising that the board intends to VOTE on a “District Reorganization” at the very end of the meeting, with NO written staff report explaining what that reorganization entails. This gives the public virtually NO information ahead of time, meaning the board plans to make this important decision with very little public input.

Many other districts, including West Contra Costa and Berkeley, have already released their draft Local Accountability Plans for discussion before major budget decisions are made.

Do you think the board should vote on major district expenditures and changes before discussing its draft Local Accountability Plan?

Posted on Monday, May 12th, 2014
Under: Mt. Diablo school district | 60 Comments »

MDUSD board to meet tonight to vote on layoff, hold closed session regarding top district administrator contracts and reorganization

The Mt. Diablo school board will hold a special meeting at 6 p.m. tonight to vote on the layoff of one PE teacher at Concord High, then a closed session to discuss the release of unspecified public employees, the contracts of the CFO and three assistant superintendents, and future reorganization.

The open session is in the district office board room at 1936 Carlotta Drive in Concord. Here is the agenda:

“1.0 Call to Order
1.1 President will call the meeting to order Info
2.0 Preliminary Business
2.1 Pledge of Allegiance and Roll Call Info

3.0 Public Comment
3.1 The public may address the Board regarding any item within the jurisdiction of the Board of Education of the Mt. Diablo Unified School District regardless of whether or not it is agendized on the Open or Closed Session agenda. These presentations are limited to three minutes each, or a total of thirty minutes for all speakers or the three minute limit may be shortened. Speakers are not allowed to yield their time. Info

4.0 Business/Action Items
4.1 Implement Staff’s Recommendation to Decrease the Number of Certificated Employees Due to a Reduction or Elimination of Particular Kinds of Service Action

5.0 Adjourn to Closed Session

5.1 Release of Public Employees Action

5.2 Conference with Negotiators – Unrepresented Employees – Diablo Managers Association. Negotiators: Dr. Nellie Meyer and Larry Schoenke, Interim General Counsel Action

6.0 Reconvene Open Session
6.1 Report Out Action Taken in Closed Session Action
7.0 Adjournment”

The agenda item for item 5.2 states: “Discussion of Superintendent’s Council Contracts and future reorganization.”

The superintendent’s council consists of: CFO Bryan Richards, Assistant Superintendent for Personnel Julie Braun-Martin, Assistant Superintendent for Student Achievement and School Support Rose Lock and Assistant Superintendent for Pupil Services/Special Education Kerri Mills. Although it also includes the general counsel, Braun-Martin has informed me that the current general counsel is on a post-retirement contract, so I don’t believe his contract is up for discussion at this time, especially since he will be meeting with the board along with Superintendent Nellie Meyer to discuss this agenda item.

Normally, the district webcasts the open portions of the meeting live and later archives them at: http://www.livestream.com/mtdiablounifiedschooldistrict/

Do you believe the board should renew the contracts for members of the superintendent’s council?

Posted on Monday, May 12th, 2014
Under: Education, Mt. Diablo school district | 5 Comments »

Uniform complaint against Ygnacio Valley HS alleging illegal student fees

Here is Sally Smith’s Uniform Complaint against Ygnacio Valley HS, along with a response from Principal Stephen Brady asking his staff to research it and get back to him.

“From: Stephen Brady
To: Smith Family
Cc: RIANNE PFALTZGRAFF ; EFA HUCKABY
Sent: Friday, May 2, 2014 5:28 AM
Subject: Re: Uniform Complaint: Ygnacio Valley High school illegal student fees Mt Diablo district

Efa , please research this and get back to me. Rianne please assist as necessary. I will contact the district.

Thank you.

Best Regards,

Stephen Brady

On May 1, 2014, at 3:55 PM, “Smith Family” wrote:

755 Oak Grove Rd, Concord, CA 94518
(925) 685-8414
Brady, Stephen, (925) 685-8414 ex.3601, Principal.

Dear Ygnacio Valley High School Administration Stephen Brady Rianne Pfaltzgraff, and Efa Huckaby: My uniform complaint is 6 fees you are charging students.
They are:

1. fees for the Health Academy Program called SLC or HOSA
Ygnacio Valley High School

Daily Bulletin

Tuesday, February 18, 2014
HEALTH ACADEMY–What are you going to do with your life? Join Health Academy and find out! Become a firefighter, radiologist, athletic trainer, nurse, doctor, veterinarian, dental hygienist, surgeon or more! The Health Academy will show you pathways to a great career in health care. Stop by 408 or 805 for an application now!

2. sports fees and transportation fees (MDUSD Transportation Fee) – students are told they must make their “donation” before they can play and the amount is a fee because if they do not pay, they cannot play.

There is a specific amount that must be paid.

3. caps and gowns – students are told to make payment to a third party but it is the district responsibility to provide the caops and gowns per the California Dept of Education memo

http://yvhs-mdusd-ca.schoolloop.com/news/view?d=x&id=1385192283671

CAP AND GOWNS: There are still over 100 Seniors who have not ordered their caps and gowns for graduation. You need to place an order by this Friday or the price will be doubled! You can order several ways:

(1) Call Josten’s at (925) 838-1835 and order over the phone.
(2) Order online at www,jostens.com.
(3) Place your order into the mail on or before Friday, December 13.

Right now orders start at $25, don’t miss out on this great deal! If you have questions, please see Mrs. Lomas, Ms. Malin or Ms. Stobing. Don’t delay, order today!
SENIORS: Your cap and gowns will be delivered on Tuesday, May 15 during lunch in the Conference Room. This is the only delivery day, so all seniors must pick up their cap and gown at this time.

4. dodgeball fees
Daily Bulletin for Friday, November 14, 2013

Ygnacio Valley High School

Daily Bulletin

Friday, November 15, 2013
Make Every Minute Count
DODGE BALL–Are you athletic or competitive? Like Team Sports? Come by the student store next to room 602 during lunch and Sign up for the Dodge ball Tournament. 5 people on a team, $2 per person. (11/15)
DODGEBALL TOURNAMENT–Are you athletic? Love playing team sports or being competitive? Come sign up for the Dodgeball Tournament in Room 602. 5 Man teams, $10 per team. Tournament starts Nov. 4th.

5. Puente program fees

Event Details
5/20/14
Puente Awards Night
Audience: Facility Calendar
Posted by: Eugenia Behar
Location: Multi Use Room Contact: Corissa Stobing
Start Time: 3:00 PM End Time: 9:00 PM
Puente
Email Hopper, Samantha Hopper, Samantha (925) 685-8414 ex.2463 Teacher
Email Lomas, Socorro Lomas, Socorro (925) 685-8414 ex.3602 Student Services Coordinator – 12th Grade
Email Yu, Kara Yu, Kara (925) 685-8414 ex.2464 Teacher
You are here
6. fees for field trips and other activities for school clubs – Latino Unidos is an identifiable group and students were told they have to pay to go on the field trip
Students are not told that they may participate even if they do not have the money which is the law. Everyone goes or nobody goes.

Latino Unidos
Attention Latinos Unidos! Today is the last day to submit your contribution for our annual field trip. Come to Rm. 204 today at lunch.

Atencion Latinos Unidos! Hoy es el ultimo dia para entregar su contribucion para el viaje a Alcatraz. Vengan a #204 hoy durante el lonche.
Mount Diablo Unified School District

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HIGH SCHOOL
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YGNACIO VALLEY HIGH SCHOOL
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HOSA-Health Academy

Item
Qty
Amount
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SLC PAYMENT #1

This is the first installment for 2014 SLC
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SLC PAYMENT #2

This is the second payment for 2014 SLC
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SLC PAYMENT #3

This is the final payment for 2014 SLC

District
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HIGH SCHOOL
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YGNACIO VALLEY HIGH SCHOOL
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SPORTS

Item
Qty
Amount
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JV and VARSITY FOOTBALL ATHLETIC CONTRIBUTION

No Image
FRESHMAN FOOTBALL ATHLETIC CONTRIBUTION

No Image
JV and VARSITY GIRLS VOLLEYBALL ATHLETIC CONTRIBUTION

No Image
FRESHMAN GIRLS VOLLEYBALL ATHLETIC CONTRIBUTION

No Image
GIRLS TENNIS ATHLETIC CONTRIBUTION

No Image
CROSS COUNTRY ATHLETIC CONTRIBUTION

No Image
BOYS WATERPOLO ATHLETIC CONTRIBUTION

No Image
GIRLS WATERPOLO ATHLETIC CONTRIBUTION

No Image
GIRLS GOLF ATHLETIC CONTRIBUTION

No Image
ATH CONT Girls Soccer- Ahtletic Contribution

No Image
ATH CONT Wrestling – Athletic Contribution

No Image
ATH CONT Boys Basketball- Athletic Contribution

No Image
ATF Soccer – Girls- Transportaion Fee

No Image
ATH CONT Swimming

THANK YOU FOR YOUR SUPPORT OF YVHS SWIMMING!

That is my uniform complaint. Thank you. Sally Smith”

Do you agree with Smith’s allegations?

Posted on Monday, May 5th, 2014
Under: Concord, Education, Mt. Diablo school district | 14 Comments »

Uniform Complaint against College Park HS alleging illegal student fees

Here is a Uniform Complaint that has been filed against College Park HS, alleging illegal fees:

“From: Smith Family
To: “genglerp@mdusd.org”
Cc: “bursteinm@mdusd.org” ; “leea@mdusd.org” ; “nixons@mdusd.org” ; “CPBoostersTreas@Yahoo.com”
Sent: Friday, May 2, 2014 6:15 PM
Subject: Uniform COmplaint: College Park High School Mt Diablo dsitric illegal student fees

Mount Diablo Unified School District
1936 Carlotta Drive, Concord, CA 94519
925.682.8000
College Park High School 201 Viking Drive, Pleasant Hill, CA 94523
925.682.7670

Dear College Park Administration: My Uniform Complaint is:

1. non-refundable transportation fee for extracurricular sports – coaches are instructed to inform students that transportation fees are non-refundable It also says players are to ride on district transportation to and from contests. (read in the coach book)

2. sports fees now have been shifted to third party foundation which Mount Diablo School district established sports fees called the new CONTRIBUTE TO PLAY POLICY which set fees . Those fees are exactly what the boosters are charging to play. The coaches use the booster to be bill collectors so no DEADBEAT KIDS get away with playing for free. The booster are operating illegally violating state charity laws. It is not a donation as a service is received for the payment. There is a deadline and a specific amount to be paid. The principal says THE FAMILIES WHO DO NOT PAY AFFECT EVERYBODY which contradicts the state Constitution and Hartzell v. Connell that no child should be made to feel like a deadbeat or charity case because he is indigent. Parents are threatened that if they can’t get enough money then sports will be cut and this has been going on for years.

The District set a pay to play policy policy and has now shifted it to the boosters. It has not changed its practice of generating revenue from the backs of students
but just changed the language. These are not donations but fees for service. I see a letter that parent can ask for refunds but that puts burden on the parents and it shames them to ask for their money back. The principal is supposed to pay back everybody and then if they want to contribute then they can.

Nobody is going to ask for a refund because the booster parents and coaches will retaliate against their children. Read the minutes to see how these people feel about folks who fail to pay their fairshare. All the school did was post a letter on the website instead of sending the money to all of the students. He is trying to keep the money but he is the same principal who stated that “all student athletes have to pay.” All the parents should get their money back so no parents are singled out and stigmatized.

(2) Reasonable efforts to fully reimburse all pupils, parents and guardians who paid a pupil fee include but are not limited to crediting the pupil’s school financial account and sending reimbursement by first class mail to the pupil’s last known primary address as contained in school or local educational agency records. If the school has knowledge that a pupil’s last known address as contained in school or local educational agency records is no longer valid, the school may attempt to obtain a more recent address from any notices returned to the school or local educational agency by the United States Postal Service.

3. lab fees for class materials – these are disguised as “donations” but children are not informed that they cannot be required to donate. The teachers know who has paid and who has not paid and children are stigmatized if they do not pay. A donation means a voluntary contribution with no expectation of anything in return. That’s is easy to understand. That means a zero amount or whatever a person wants to give including nothing. You do not know the private lives of families and their financial circumstance. You prey on parents who want so much for their children not to be left out and even go into debt to have their children participate. The boosters will do the bidding of the administration more secretly now and still harangue people for their fairshare. Changing the language and pretending you are asking for donations has not changed the nature of the fee. It is still a fee.

Although the term “contribution” is not defined either in the Code or in the
Income Tax Regulations, it is well established judicially that in order to be
deductible under section 170 of the Code, a contribution must qualify as a gift in
the common law sense of being a voluntary transfer of property without
consideration. To the extent a transferor receives or can expect to receive, for the
money or property he or she transfers, a financial or economic benefit, as
distinguished from the incidental benefit that inures to a donor as a member of the
general public, then no deduction under section 170 is allowable. Singer v. United
States, 449 F. 2d 413 (Ct., Cl. 1971); Rev. Rul. 67-246, 1967-2 C.B. 104 Rev. Rul.
76-185, 1976-1 C.B. 60

4. caps and gowns illegal to charge this fee

5. fines and fees – students are threatened with no participation in graduation activities but adminstration conveniently does not inform students of right to volunteer in lieu of payment. It just states the part of the law convenient for administration.

Below is information related to the fees I have listed. Thank you. Sally Smith 3551 Lord St San Diego CA 92123 858-278-4275

http://cphs-mdusd-ca.schoolloop.com/groups/news_item?d=x&id=1383982239475&group_id=1263280981140&return_url=1399079162786

News Item: Homepage
Graduation Cap and Gowns-Last Day to Order!
Seniors, orders for caps & gowns and graduation announcements will be on Wed, Nov. 13th and Thurs, Nov. 14th during brunch and lunch in front of the Main Office.

These are the only order days so all Seniors must place their graduation order at this time.
Posted by: Web master Published:11/14/13
Audience: Homepage

College Park High School: Home Page

cphs.mdusd.org/‎
College Park High School
2014-2015 Pre-Enrollment at College Park High School …. If you are graduating in June, you must order a cap and gown to walk in the ceremony. Please see …
‎Athletics – ‎Master Calendar – ‎Teacher Websites – ‎Block Schedule

https://cphsathleticboosters.revtrak.net/tek9.asp?pg=products&grp=11

https://cphsathleticboosters.revtrak.net/tek9.asp?pg=products&grp=11

College Park HS Boosters Web Store
Sale Items Product NameNow sorted by: Product Name, Ascending Price

Baseball -Varsity Team Donation 1st Installment : SPRING – Please pay by March 1 $250.00
Baseball -Varsity District Donation : SPRING – Please pay by March 15 $225.00
Baseball -Varsity Team Donation 2nd Installment : SPRING – Please pay by April 11 $300.00
Baseball -JV Team Donation 1st Installment : SPRING – Please pay by March 1 $250.00
Baseball -JV District Donation : SPRING – Please pay by March 15 $225.00
Baseball – JV Team Donation 2nd Installment : SPRING – Please pay by April 11 $250.00
Baseball -Frosh Team Donation 1st Installment : SPRING – Please pay by March 1 $250.00
Baseball -Frosh District Donation : SPRING – Please pay by March 15 $75.00
Baseball -Frosh Team Donation 2nd Installment : SPRING – Please pay by April 11 $225.00
Basketball Boys : Spring/Summer Development $165.00
Boys Golf – District Donation : SPRING $50.00
Boys Golf – Team Contribution : SPRING -Covers Tournament Fees, Uniform and Golf Bag $200.00
Lacrosse Boys : SPRING $275.00
Lacrosse Girls : SPRING $225.00
Softball : SPRING $225.00
Swimming – Season Donation : SPRING $395.00
Swimming – 1st Installment : SPRING – Installment Option $200.00
Swimming – 2nd Installment : SPRING – Installment Option $195.00
Swimming- Open Donation : if you’d to make an additional donation in any amount. —
Tennis Boys : SPRING $200.00
Track & Field : SPRING $300.00
Volleyball Boys : SPRING $200.00

Here is how people think that it is okay to take the kids’ money without regard for the law (booster minutes):
Principal Paul Gengler was kind enough to stop by to discuss a couple of important issues. The first being the importance of collecting that district contribution from all student athletes, particularly since the loss of Clayton Valley HS. The families that don’t pay affect everyone because then there just isn’t enough money. A major thorn is transportation. The bill for this goes directly to the district and then to the high school and it’s paid whether there is money or not. Not anymore. From now on that transportation bill is paid FIRST. And when the money is gone, it’s gone. Coaches might unfortunately be forced to forfeit an event. Some coaches get a false sense that they have lots of money. And they need to be aware that this is a business. At the end of the day the spreadsheets have to balance. If we don’t get 90% participation contributions, the district will be forced to make cuts. These could include freshman sports, JV teams, etc.
What happens when a student’s family simply refuses to pay? The answer is tricky. Nowhere is it actually written that a coach has to play every student. So the coach can decide to not play a student who has not paid. But we all know that coaches want to win so are they really going to bench a powerful player simply because their parents chose not to pay the participation contribution? Lists of who’s paid and who hasn’t paid will be provided to all coaches. Ideally the coach needs to speak PRIVATELY with those kids and/or their parents about payment. The Boosters have agreed to set aside a SMALL amount of money to assist those families who truly can’t afford to pay this contribution.

http://cphs.mdusd.org

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Athletic Donations
Important Announcement from Principal Gengler

The following is a letter from Principal Paul Gengler:

Letter from Principal regarding athletic donations
The New Reality of High School Athletics

It is no secret since the California economic decline that our district and community has had to strategize different ways to keep athletics as a choice for our students instead of just eliminating them all together. Athletics now follows a contribution/donation/fundraising model based system as all sports are no longer funded by the district and rely very heavily on the hard work of volunteers.
Volunteer District Donation

These donations are used for coach’s stipends, athletic director stipend, dues/memberships, security, replacement/reconditioned equipment that is mandated by CIF, etc. The district has attempted to provide suggested guidelines for donations or contributions for each sport that can be found below in the matrix. In order for a sport to continue from year to year, it must acquire donations or fundraise for the 100% of the matrix guideline for each person on a team roster. For example, a team has 10 players and the guideline of the matrix recommends that each team member acquire donations or fundraise up to $100.00. The team is essentially looking to gather donations or fundraise a total of $1,000.00 to support their team. Being a member of a team is not dependent upon if a student participates in the donations or fundraising effort of a team.
District donations can be made directly to a team utilizing the CPHS web store, which adds 4% to the donation to cover the transaction fee or you may go directly to the CPHS treasurer.
FALL SPORTS
(Aug]Nov) Volunteer
Donation Level
Cheer/Spirit Squad None
Cross Country $100
Football (V & JV) $300
Football (Freshmen) $200
Golf Girls $50
Tennis Girls $150
Volleyball Girls $225
Water Polo Boys $50
Water Polo Girls $50
WINTER SPORTS
(Nov]Feb) Volunteer
Donation Level
Basketball Boys $250
Basketball Girls $250
Soccer Boys $225
Soccer Girls $225
Wrestling $200
SPRING SPORTS
(Feb]May) Volunteer
Donation Level
Baseball $225
Golf Boys $50
Lacrosse Boys $50
Lacrosse Girls $225
Softball $225
Swimming/Diving $200
Tennis Boys $150
Track & Field $175
Volleyball Boys $225
Additional Considerations

Volunteer Team Donation:
Each team may also seek a team donation that would go directly to that team to cover other expenses that may arise, tournaments, equipment, uniforms, or awards. For your convenience you may click here to donate.
Transportation:
This is decided on by each team, as they may seek a volunteer donation for any transportation needs.
Fundraising:
Most teams also do fundraising to offset the district volunteer donation, volunteer team donation, or volunteer transportation donation. All fundraising proceeds go directly to the team.
Booster Club Membership: All families are encouraged to join and members receive a discount card to all DVAL regular season games.
New this year:

Program Receives $250 for every 15 Booster members in your program
Program Receives a $250 bonus once your program reaches 75% membership (Programs with 25+ athletes)
Receive an additional $250 for your program if your program hits 100% membership (all programs)
Falcon Fundraisers

GET THE FORM >
NOTE: the Dates on the form are incorrect since this is last-year’s form.
Important Announcement from Principal Gengler

On April 15, 2014 a letter from Principal Gengler went out to parents and guardians regarding Athletic Donations for 2013 fall sports. A copy of the letter can be found here
solicitation

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Drama Lab Donations

We ask that each student donate $10 per semester to help offset the cost of supplies for the Drama class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Glass Lab Donation

We ask that each student donate $30 per semester to help offset the cost of supplies for the Glass class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Ms McCraney ART Lab Donation

We ask that each student donate $25 per semester to help offset the cost of supplies for the Art class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Photo 1 Lab Donation

We ask that each student donate $30 per semester to help offset the cost of supplies for the Photo 1 class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Photo II/Adv Lab Donations

We ask that each student donate $35 per semester to help offset the cost of supplies for the Ceramics class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Biology AP Lab Donation

Thank you for helping us defray the costs of our “hands-on” approach for science labs. We replenish chemicals, dissection specimens and replace equipment.
No Image
Donation for Human Rights Educ

The goal of the Human Rights Education class is for students to take what they have learned in the classroom and raise awareness to others on campus and in our community about important human rights issues. There are many creative ways to reach people, but they can become expensive when students need materials to work on projects outside of class or when the class wants to hand out gel bracelets to promote a cause. Any amount donated is much appreciated. Thank you for your support!
No Image
donation Video Production

Please donate $25 per quarter to help us provide consumables for our class
© 2014 | 1936 Carlotta Drive, Concord, CA 94519 | Terms & Conditions | Help
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District / HIGH SCHOOL / COLLEGE PARK HIGH SCHOOL / Physical Education

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PE Shirt

Official College Park P.E. t-shirt
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PE Shorts

Official College Park P.E. shorts
Mount Diablo Unified School District

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No unpaid fines or fees.

submitted by Sally Smith 3551 Lord St San Diego CA 92123 858-278-4275

http://www.laslomaspage.com/2011/04/15/free-and-public-education-not-so-free-asb-fundraising-causes-confusion-2/

According to attorney Douglas Beteta of Morrison & Foerster, the law firm that is working with the ACLU in a pending case involving unlawful school fees in California, the legality of a school fee “depends upon how exactly the program is implemented.” For example, “blind donations might be okay,” said Beteta.
However, Beteta emphasized that schools cannot make students pay to participate in any school activity.
“Any school fee required before a pupil can participate in an educational activity, whether curricular or extracurricular, is unlawful,” he said. “On the other hand, truly voluntary donations that are not, for example, implemented with any kind of coercive element, are lawful.”
The ACLU case has brought to light the fact that, despite existing laws, some California schools are blatantly charging fees to students for class supplies, textbooks and extracurricular activities.
“I had to buy this for playing sports,” said junior Kosim Latipov. “When I went to Tri-S and [my mom] didn’t speak English, I was thinking I had to buy it to play sports.”

College Park High School Home
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Athletic Donations
Friends of CP
Lettermen Jackets
Athletic Donations
Important Announcement from Principal Gengler

The following is a letter from Principal Paul Gengler:

Letter from Principal regarding athletic donations
The New Reality of High School Athletics

It is no secret since the California economic decline that our district and community has had to strategize different ways to keep athletics as a choice for our students instead of just eliminating them all together. Athletics now follows a contribution/donation/fundraising model based system as all sports are no longer funded by the district and rely very heavily on the hard work of volunteers.
Volunteer District Donation

These donations are used for coach’s stipends, athletic director stipend, dues/memberships, security, replacement/reconditioned equipment that is mandated by CIF, etc. The district has attempted to provide suggested guidelines for donations or contributions for each sport that can be found below in the matrix. In order for a sport to continue from year to year, it must acquire donations or fundraise for the 100% of the matrix guideline for each person on a team roster. For example, a team has 10 players and the guideline of the matrix recommends that each team member acquire donations or fundraise up to $100.00. The team is essentially looking to gather donations or fundraise a total of $1,000.00 to support their team. Being a member of a team is not dependent upon if a student participates in the donations or fundraising effort of a team.
District donations can be made directly to a team utilizing the CPHS web store, which adds 4% to the donation to cover the transaction fee or you may go directly to the CPHS treasurer.
FALL SPORTS
(Aug]Nov) Volunteer
Donation Level
Cheer/Spirit Squad None
Cross Country $100
Football (V & JV) $300
Football (Freshmen) $200
Golf Girls $50
Tennis Girls $150
Volleyball Girls $225
Water Polo Boys $50
Water Polo Girls $50
WINTER SPORTS
(Nov]Feb) Volunteer
Donation Level
Basketball Boys $250
Basketball Girls $250
Soccer Boys $225
Soccer Girls $225
Wrestling $200
SPRING SPORTS
(Feb]May) Volunteer
Donation Level
Baseball $225
Golf Boys $50
Lacrosse Boys $50
Lacrosse Girls $225
Softball $225
Swimming/Diving $200
Tennis Boys $150
Track & Field $175
Volleyball Boys $225
Additional Considerations

Volunteer Team Donation:
Each team may also seek a team donation that would go directly to that team to cover other expenses that may arise, tournaments, equipment, uniforms, or awards. For your convenience you may click here to donate.
Transportation:
This is decided on by each team, as they may seek a volunteer donation for any transportation needs.
Fundraising:
Most teams also do fundraising to offset the district volunteer donation, volunteer team donation, or volunteer transportation donation. All fundraising proceeds go directly to the team.
Booster Club Membership: All families are encouraged to join and members receive a discount card to all DVAL regular season games.
New this year:

Program Receives $250 for every 15 Booster members in your program
Program Receives a $250 bonus once your program reaches 75% membership (Programs with 25+ athletes)
Receive an additional $250 for your program if your program hits 100% membership (all programs)
Falcon Fundraisers
Bond Rewards for Education comes to College Park

Bond Rewards
The PTSA, Athletic Boosters, and Instrumental Music Boosters are pleased to launch a brand new, joint fundraising effort this year known as “College Park HS Rewards.” College Park HS Rewards lets you earn money for CPHS doing your everyday, online shopping. Plus, you get a percentage of your purchase back too. Many well-known retailers are linked to College Park HS Rewards including Macy’s, Target, Barnes & Noble, Home Depot and Kohl’s.

College Park HS Rewards gives you the flexibility to not only support CPHS, but also to direct your Rewards earnings or cash donations to a specific program at CPHS, such as a sports team, academic club or special event. When you sign at College Park HS Rewards, go to the Donate tab to select a specific program or group who has registered their program on our site. The rewards you earn will go directly to that program or group, instead of the general school fund.

We are aiming for LARGE SCALE PARTICIPATION in this effort. We will be asking you to register on the www.collegeparkhsrewards.com with your email address. Unlike other fundraising endeavors, you do not need to provide your credit card information to the company in order to take advantage of the program.

We are excited about the funding that this will bring to our school community and truly appreciate your support!
Bond Rewards-horizontal
Communist organizations
Any other tax-exempt organization not eligible to receive contributions that are tax deductible
Any organization that was subject to the disclosure requirement during the five-year period immediately preceding the fund-raising solicitation
Any organization that is a successor to an organization that was subject to the disclosure requirement during the five-year period preceding the
CP Athletic Boosters
The Athletic Boosters Club maintains this portion of the website to help parents, athletes, and staff stay abreast of what is happening with CPHS sports.
QUICKLINKS
join boosters get the
eNewsletter get activity clearance form
Make your District DonationMake your Team Donation
Scholarship Applications are Ready!

The Boosters are once again offering 5 scholarships to Senior athletes. Please work with your coach(es) to fill out the forms.
GET THE FORM >
NOTE: the Dates on the form are incorrect since this is last-year’s form.
Important Announcement from Principal Gengler

On April 15, 2014 a letter from Principal Gengler went out to parents and guardians regarding Athletic Donations for 2013 fall sports. A copy of the letter can be found here
solicitation

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Item
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Drama Lab Donations

We ask that each student donate $10 per semester to help offset the cost of supplies for the Drama class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Glass Lab Donation

We ask that each student donate $30 per semester to help offset the cost of supplies for the Glass class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Ms McCraney ART Lab Donation

We ask that each student donate $25 per semester to help offset the cost of supplies for the Art class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Photo 1 Lab Donation

We ask that each student donate $30 per semester to help offset the cost of supplies for the Photo 1 class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Photo II/Adv Lab Donations

We ask that each student donate $35 per semester to help offset the cost of supplies for the Ceramics class. If you would like to pay for both semesters, please change the quantity to “2″. Thank you for your support!
No Image
Biology AP Lab Donation

Thank you for helping us defray the costs of our “hands-on” approach for science labs. We replenish chemicals, dissection specimens and replace equipment.
No Image
Donation for Human Rights Educ

The goal of the Human Rights Education class is for students to take what they have learned in the classroom and raise awareness to others on campus and in our community about important human rights issues. There are many creative ways to reach people, but they can become expensive when students need materials to work on projects outside of class or when the class wants to hand out gel bracelets to promote a cause. Any amount donated is much appreciated. Thank you for your support!
No Image
donation Video Production

Please donate $25 per quarter to help us provide consumables for our class
© 2014 | 1936 Carlotta Drive, Concord, CA 94519 | Terms & Conditions | Help
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PE Shirt

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PE Shorts

Official College Park P.E. shorts
Mount Diablo Unified School District

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parent parent

Shop

Pay Fines/Fees
Reports

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Mount Diablo Unified School District

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Fines / Fees for

You must complete the checkout process for all fines before optional items will be available for purchase.

As administrators, it is your legal responsibility to follow the laws to protect our children. You are controlling andf directing the boosters. You have put the booster directly on the district webpage and allowed a third party to have full access to student information and use of taxpayer resources – the website, etc.

The boosters are operating illegally and failed to comply with state laws.

submitted by Sally Smith”

Do you agree with Smith’s allegations?

Posted on Monday, May 5th, 2014
Under: Education, Mt. Diablo school district | 61 Comments »

Uniform Complaint Against CHS for allegedly charging illegal fees

Sally Smith, a lawyer and a San Diego Unifed School District resident, has filed three Uniform Complaints in MDUSD – against Concord, College Park and Ygnacio Valley high schools – alleging that students are being asked to pay fees illegally. She has given me permission to post each of her complaints.

Here is her complaint against Concord HS:

“From: Smith Family
To: “mcadamg@mdusd.org”
Cc: “robertj@mdusd.org” ; “bassr@mdusd.org” ; “kaiserk@mdusd.org” ; “kilcoynec@mdusd.k12.ca.us”
Sent: Wednesday, April 30, 2014 3:17 PM
Subject: Uniform Complaint: Concord High School caps and gowns, bowling class, field trip

Mt Diablo Unified School District
Concord High School 4200 Concord Blvd., Concord, CA 94521
(925) 687-2030 Phone
Dear Principal Dr. Gary McAdam :

My uniform complaint is 4 illegal student fees which students had to pay at Concord High School:

1. caps and gowns – which the court declared is an integral part of the educational experience for public school students
Cap & Gown and Announcement orders!!!

Orders for caps & gowns and graduation announcements will be on Thursday, January 16th & Friday, January 17th during brunch & lunch in the Quad. These are the only order days so all Seniors must place their graduation order at this time.

ADDENDUM TO FISCAL MANAGEMENT ADVISORY 12-02

DATE: October 4, 2013
TO: County and District Superintendents Charter School Administrators
FROM: Jeannie Oropeza, Deputy Superintendent
Services for Administration, Finance, Technology, and Infrastructure
SUBJECT: Pupil Fees, Deposits, and Other Charges: Cap and Gown for High School Graduation Ceremony
Questions have arisen recently as to whether a district can require students to purchase or pay for a cap and gown if wearing a cap and gown is a condition of participation in a graduation ceremony. This memo is intended to augment Fiscal Management Advisory 12-02, dated April 24, 2013, Pupil Fees, Deposits, and Other Charges, Section III, “Fees Not Allowed.”
In Sands v. Morongo Unified Sch. Dist., 53 Cal. 3d 863, 873-874 (1991), cert. denied, 505 U.S. 1218 (1992), the California Supreme Court found that the high school graduation ceremony is “an integral part of the educational process” because it recognizes cumulative academic achievement. Therefore, the graduation ceremony is an “educational activity,” pursuant to EC Section 49010(a), as to which a pupil fee cannot be charged.
In the CDE’s view, EC Section 38119 only authorizes districts to rent caps and gowns from a supplier and provide them free of charge to students. Therefore, a cap and gown fee is not “otherwise allowed by law.” EC Section 49011(e).
For these reasons, a district may not require students to purchase a cap and gown as a condition of participating in the graduation ceremony. The CDE recommends that a district that requires students to wear a cap and gown at the ceremony inform students that: (1) the district will provide caps and gowns for graduating seniors for use during the ceremony, and (2) students also have the option to purchase an appropriate cap and gown from a vendor. No student should be required to self-identify as indigent in order to receive a cap and gown from the district.
Download Free Readers

California Department of Education
1430 N Street
Sacramento, CA 95814
Contact Us | FAQ | Web Policy
Last Reviewed: Friday, October 04, 2013

2. bowling class

The teacher is blatantly violating the law. He has a college education and he is obligated to follow the law but he clearly chooses not to do so by taking money he is not entitled to take from students. He tries to hide the illegal fee by having students pay the bowling alley directly. He has violated

Education Code 44805. Every teacher in the public schools shall enforce the course
of study, the use of legally authorized textbooks, and the rules and
regulations prescribed for schools.
He has made students pay for the course so indigent children are excluded. An impoverished student whose family does not have the money to pay the fee
will not enroll in the course no matter how much he or she wants to participate. The teacher doesn’t care. He wants his class and demands students fees so he can teacher the class.

Course Description:
Bowling is two 18-weeks course open to all Junior and Senior students. This class meets Monday’s &Thursday’s at Clayton Valley Bowl.
The schedule will be as follows: 3rd period will start at 10:20 A.M. Class will be released at 12:05 P.M. Wednesday students will meet at Concord High during regular school hours. Please see Mr. Kilcoyne for a make-up slip. Missed work must be completed within two weeks of excused absents. Please have rides taken care of and pay attention to times and dates. To enroll, students will need parental permission to provide their own transportation and donate $90.00 at the first class session. The donation must be paid within the first week of class. The donation for this class will be refunded if we do not have 100% participation. Enrollment in this class requires total commitment. All sessions must be attended. Work, sports conditioning, practice, or games cannot interfere with class, without prior arrangements and teacher approval. The hours must be obtained to receive the PE credit.

It was not a donation. It was a fee for a service in return. A donation must be voluntary, for any amount or none at all and no student should be identified for the amount he or she contributed in anyway to include no contribution. That is making children feel like deadbeats who did not contribute
their fairshare. Here is the IRS definition of donation:

Although the term “contribution” is not defined either in the Code or in the
Income Tax Regulations, it is well established judicially that in order to be
deductible under section 170 of the Code, a contribution must qualify as a gift in
the common law sense of being a voluntary transfer of property without
consideration. To the extent a transferor receives or can expect to receive, for the
money or property he or she transfers, a financial or economic benefit, as
distinguished from the incidental benefit that inures to a donor as a member of the
general public, then no deduction under section 170 is allowable. Singer v. United
States, 449 F. 2d 413 (Ct., Cl. 1971); Rev. Rul. 67-246, 1967-2 C.B. 104 Rev. Rul.
76-185, 1976-1 C.B. 60

Here is FCMAT information.

http://www.fcmat.org/stories/storyReader$1372

Can a teacher tell students that they must raise funds for their classroom?

Question: If there is a teacher that is teaching an AP class and he wants his students to do a fundraiser to raise money for that class with the money going towards buying materials, such as a projector or even to help pay for the AP tests?
Response: Although Education Code section 48932 allows the governing board to authorize student body organizations to conduct fund raising activities, students should participate and make contributions to fund raising events voluntarily. In addition to the fact that students cannot be required to participate in fund raising events (by teachers or any other party), they also cannot be excluded from an activity because they did not participate in raising the funds (i.e. not participate in a class or activity). In this situation, it can be perceived that the students are being asked to fundraise so that the teacher can have class supplies. It can also be perceived that if the student did not fundraise, the AP class would not exist or the student could not be in the AP class. This is not the intent of ASB fundraisers.
Students can use the proceeds from fundraising to purchase goods and services that promote the general welfare, morale and educational experiences of the students. AP tests, although optional, are normally considered a district responsibility. That is especially true in this case as the question relates to an AP class, which means that AP tests are a direct result of the class and not an “extra” over and beyond what the district should supply. Projectors for a class can be allowable in some cases, but if the projector is only used in that specific class as a means of teaching curriculum, and is not used outside of the classroom at all in other extra curricular events, it might also be viewed as a district requirement. There is often a fine line between what the district should provide and what an “extra” is that the district would not normally provide in order to teach the curriculum of that class. Sometimes that can vary from district to district based on what is normally supplied to classrooms regardless of the subject.
As you can tell, there are a lot of things to consider when both fundraising and spending ASB funds. After looking at these guidelines, hopefully such questions in the future will be easier for you to answer.
11/8/05
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KCSOSEd-DataAudit AppealsEd-JoinCDECCSESAC

3. Grad Night Field Trip for seniors.

These people are collecting money from students of which they are not a charity which I checked the California Attorney General website and found this:

CONCORD HIGH SCHOOL ATHLETIC BOOSTERS 130220 Charity Delinquent CONCORD CA Charity Registration Charity
CONCORD HIGH SCHOOL CHOIR BOOSTERS, INC. CT0204335 Charity Current CONCORD CA Charity Registration Charity

However, it is a school fundraising group under the control of the administrators and the seniors are an identifiable group but only those who pay can go. That’s real easy for the adults just to collect the money but shifting the collection of fees to the parents is still not legal. Students have been excluded
from this wonderful school experience. They cannot claim it is separate from the school because it is clearly only for Concord seniros and the aprents are given full access to the students by the school. It is a school field trip and fees have been charged blatantly. A record was kept of each students and how much money was collected.
Grad Night
Grad Night is a parent-sponsored fun, safe and sober activity that occurs immediately following graduation. Tickets are available now for $75 until October 31st (payments made after October will increase by $25 each month with a maximum cap amount of $150). Permission slips are available in the CHS main office at Student Services.
Permission slips and checks may be made payable to CHS Grad Night and can be returned in a sealed envelope with Grad Night written on the front to the Grad Night Box in the school office or mailed to:
Kim Kruse
4621 Wilson Lane
Concord, CA 94521
The next Grad Night meeting will be November 5th at 7:00 pm at 1779 Thornwood Drive. Parents of all grades are welcome to attend. For more information, please contact Kim Kruse at kkruse@astound.net.

Fiscal Report
Copyright © 2010 School Services of California, Inc.
Volume 30 For Publication Date: March 26, 2010 No. 6
Ask SSC . . . What About the Students Who Didn’t Help with the Fundraising Efforts for the Field Trip?
Q. Every year near the end of the school year, our school’s 8thgrade class takes a trip to a theme park. The trip is optional for the students, and all fees are absorbed by the money generated through fundraising by the interested students. If a student wants to attend, but did not participate in the fundraising, can the district stop that student from attending the trip?
A. Education Code Section 35330(b)(1) is the provision of law that states the following:
No pupil shall be prevented from making the field trip or excursion because of lack of sufficient funds. To this end, the governing board shall coordinate efforts of community service groups to supply funds for pupils in need.
(2) No group shall be authorized to take a field trip or excursion authorized by this section if a pupil who is a member of an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds.
The Code views the students who did not take part in the fundraising efforts, regardless of the circumstances, to be a member of the identifiable group.
The 2009 edition of the Associated Student Body Accounting Manual & Desk Reference by the Fiscal Crisis and Management Assistance Team (FCMAT) comments further on the provision of law by adding “. . . nor may a student be left behind for failing or refusing to participate in fund-raisers.” FCMAT’s manual is considered by the school finance community to be a solid source of good business practices and sound, practical advice for the complex environment of student body operations.
This implies that districts should not stop the student from participating in the trip to the theme park. Furthermore, the school has an obligation to find alternative sources to support the student in order for him or her to go on the field trip.
FCMAT
Can we ask parents to contribute to field trip costs and tell them it is non-refundable if their child doesn’t attend?

Question: My question concerns refunding parents for field trips their children do not end up going on. We ask parents to help by contributing toward the cost of field trips (play tickets, ferry tickets, etc.) and many of these are non-refundable expenses since we have to purchase tickets, etc. ahead of time. Is it correct/legal for us to state when asking parents to contribute that the field trip cost is non-refundable. In the past, we have refunded the cost to parents of students not attending but it ends up being very costly when you have 5 out of 20 students sick on the day of the field trip and cannot use the pre-paid tickets.
Response: As you know, there are few allowable fees that can be charged to students and their families. The State Board of Education has made it clear that fees are not to be charged except where specifically authorized by law. This understanding, or regulation, is based on the authority in Article IX, Section 5 of the California Constitution. Fees for field trips and excursions may be charged in connection with courses of instruction or school related social, educational, cultural, athletic, or school band activities based on Education Code section 35330. But, no pupil shall be prevented from making the field trip or excursion because of lack of sufficient funds or because they refused to participate in fund-raisers dedicated to the field trip.
Stating to parents that they cannot be refunded if their student does not attend is something you will have to ask your legal counsel about, as we believe you may have issues if you begin doing this. Because you cannot tell a student they cannot attend if they don’t have funds, the reverse may apply (if their student ends up not going why they should not get their money back that they didn’t have to pay in the first place?). Be careful if you begin doing this and ask your attorney!!
3/16/07

http://www.fcmat.org/stories/storyReader$13020

If a student raises more money than the individual student goal, can he benefit from the extra money?

Question: Our Junior students sent out letters for parents/friends to sponsor them on the Junior College tour trip, with a goal of $200.00. One student collected $85.00 more. The question is: Do those dollars stay in the Junior trip account, or can they be transferred to that specific student’s expenses on an upcoming golf trip? Can it be refunded in cash to that student?

Response: When fundraising occurs for a field trip or any school sponsored activity, there are a couple of basic rules in place. One is that the fundraising must be voluntary. A student cannot be forced to fundraise, and must not be disallowed from attending the activity just because they did not fundraise. Another basic rule is that the fundraising that occurs is to benefit the entire trip/class/group of students, not individual students. So the student who collected $85 more than the goal, does not directly benefit from the amount he collected, even the initial goal of $200. All of the money raised from each student goes into the same account, and all of the juniors attending the trip will benefit from the total amount collected, regardless of whether they fundraised or not.

5/6/09

CALIFORNIA CODES
EDUCATION CODE
SECTION 35330-35332

35330. (a) The governing board of a school district or the county
superintendent of schools of a county may:
(1) Conduct field trips or excursions in connection with courses
of instruction or school-related social, educational, cultural,
athletic, or school band activities to and from places in the state,
any other state, the District of Columbia, or a foreign country for
pupils enrolled in elementary or secondary schools. A field trip or
excursion to and from a foreign country may be permitted to
familiarize students with the language, history, geography, natural
sciences, and other studies relative to the district’s course of
study for pupils.
(2) Engage instructors, supervisors, and other personnel to
contribute their services over and above the normal period for which
they are employed by the district, if necessary, and provide
equipment and supplies for the field trip or excursion.
(3) Transport by use of district equipment, contract to provide
transportation, or arrange transportation by the use of other
equipment, of pupils, instructors, supervisors or other personnel to
and from places in the state, another state, the District of
Columbia, or a foreign country where those excursions and field trips
are being conducted, provided that, when district equipment is used,
the governing board shall secure liability insurance, and if travel
is to and from a foreign country, liability insurance shall be
secured from a carrier licensed to transact insurance business in the
foreign country.
(4) Provide supervision of pupils involved in field trips or
excursions by certificated employees of the district.
(b) (1) No pupil shall be prevented from making the field trip or
excursion because of lack of sufficient funds. To this end, the
governing board shall coordinate efforts of community service groups
to supply funds for pupils in need.
(2) No group shall be authorized to take a field trip or excursion
authorized by this section if a pupil who is a member of an
identifiable group will be excluded from participation in the field
trip or excursion because of lack of sufficient funds.
(3) No expenses of pupils participating in a field trip or
excursion to other state, the District of Columbia, or a foreign
country authorized by this section shall be paid with school district
funds. Expenses of instructors, chaperones, and other personnel
participating in a field trip or excursion authorized by this section
may be paid from school district funds, and the school district may
pay from school district funds all incidental expenses for the use of
school district equipment during a field trip or excursion
authorized by this section.
(c) (1) The attendance or participation of a pupil in a field trip
or excursion authorized by this section shall be considered
attendance for the purpose of crediting attendance for apportionments
from the State School Fund in the fiscal year. Credited attendance
resulting from a field trip or excursion shall be limited to the
amount of attendance that would have accrued had the pupils not been
engaged in the field trip or excursion.
(2) Credited attendance shall not exceed 10 schooldays except in
the case of pupils participating in a field trip or excursion in
connection with courses of instruction, or school-related educational
activities, and which are not social, cultural, athletic, or school
band activities.
(d) All persons making the field trip or excursion shall be deemed
to have waived all claims against the district, a charter school, or
the State of California for injury, accident, illness, or death
occurring during or by reason of the field trip or excursion. All
adults taking out-of-state field trips or excursions and all parents
or guardians of pupils taking out-of-state field trips or excursions
shall sign a statement waiving all claims.
No transportation allowances shall be made by the Superintendent
for expenses incurred with respect to field trips or excursions that
have an out-of-state destination. A school district that transports
pupils, teachers, or other employees of the district in schoolbuses
within the state and to destinations within the state, pursuant to
the provisions of this section, shall report to the Superintendent on
forms prescribed by him or her the total mileage of schoolbuses used
in connection with educational excursions. In computing the
allowance to a school district for regular transportation there shall
be deducted from that allowance an amount equal to the depreciation
of schoolbuses used for the transportation in accordance with rules
and regulations adopted by the Superintendent.

4. fees charged for lost or damaged educational materials – school failed to inform students that they may volunteer in lieu of paying money
The school extorts money from students because they cannot graduate if they do not pay the fines and they are not told of their legal right to work volunteer time instead The students want very much to participate and get their diploma which they earned with their hard work in courses so they have paid.

48904. (a) (1) Notwithstanding Section 1714.1 of the
Civil Code,
the parent or guardian of any minor whose willful misconduct results
in injury or death to any pupil or any person employed by, or
performing
volunteer services for, a school district or private
school or who willfully cuts, defaces, or otherwise injures in any
way any property, real or personal, belonging to a school district or
private school, or personal property of any school employee, shall

be liable for all damages so caused by the minor. The liability of
the parent or guardian shall not exceed ten thousand dollars
($10,000). The parent or guardian shall also be liable for the
amount of any reward not exceeding ten thousand dollars ($10,000)

paid
pursuant to Section 53069.5 of the Government Code. The parent
or guardian of a minor shall be liable to a school district or
private school for all property belonging to the school district or
private school loaned to the minor and not returned upon demand of an

employee of the district or private school authorized to make the
demand.
(2) The Superintendent of Public Instruction shall compute an
adjustment of the liability limits prescribed by this subdivision at

a rate equivalent to the percentage change in the Implicit Price

Deflator for State and Local Government Purchases of Goods and
Services for the United States, as published by the United States
Department of Commerce for the 12-month period ending in the third
quarter of the prior fiscal year.

(b) (1) Any school district or private school whose real or
personal property has been willfully cut, defaced, or otherwise
injured,
or whose property is loaned to a pupil and willfully not
returned upon demand of an employee of the district or private school
authorized to make the demand may, after affording the pupil his or
her due process rights, withhold the grades, diploma, and transcripts

of the pupil responsible for the damage until the pupil or the pupil’
s parent or guardian has paid for the damages thereto, as provided in
subdivision (a).
(2) The school district or private school shall notify the parent

or guardian of the pupil in writing of the pupil’s alleged misconduct
before withholding the pupil’s grades, diploma, or transcripts
pursuant to this subdivision. When the minor and parent are unable
to pay for the damages, or to return the property, the school

district or private school shall provide a program of voluntary work
for the minor in lieu of the payment of monetary damages. Upon
completion of the voluntary work, the
grades, diploma, and
transcripts of the pupil shall be released.

I request that the money is returned to the students from whom adults took the money in violation
of the free public education right. Thank you. Sally Smith”

Do you agree with Smith’s allegations?

Posted on Monday, May 5th, 2014
Under: Education, Mt. Diablo school district | 4 Comments »