Complaint - Brown Act Violation

To: Orange County District Attorney

Re: Formal Complaint: Brown Act Violation- September 13, 2017 CUSD BOT Meeting Agenda Item #2 Donations of Funds and Equipment

____________________________________________________________________

Statement of Facts:

1. On Friday September 8, 2017 CUSD posted its September 13, 2017 BT meeting agenda.

2. On Sunday September 10, 2017 I posted an article in the Patch entitled:

"September 13, 2017 Board Meeting Agenda Donations of Funds and Equipment - Some Very Questionable Donations..."

3. On Wednesday September 13, 2017 I attended the CUSD Board Meeting to speak on this Item. At the meeting CUSD handed out a paper correction to this Agenda Item and made the following statement on the record:

Board Audio at 2 minutes 19 seconds

Link to U-Tube Audio of snip it:

4. After the meeting CUSD amended the Agenda Item to reflect the what what handed out at the Board meeting. They did so without making note that the Item had been revised.

5. I believe that this Constitutes a Brown Act Violation. This does not appear to be a "sorting error". The "alignment" was not off. The Item was a mess.

Supporting Documentation:

Item as originally posted on Friday September 8, 2017:

The Handout at the September 13, 2017 CUSD BOT Meeting:

The Item as it was posted and remains after the meeting There is no indication that the Agenda was "REVISED" There is no indication that the Item was revised due to a sorting error. It is still posted as it was before the meeting and does not reflect the changes that were made at the September 13, 2017 BOT Meeting.

I did speak to this Item at the meeting:

Board Audio at 1 hour minutes 52 seconds

Link to U-Tube Audio of snip-it:

I did not have time to address all my concerns with these donations - but they were expressed to Trustees in the CUSDWatch letter on September 10, 2017 and are as follows:

Relying on Fundraising and Donations (one-time-moneies) to pay for Core educational Programs (on-going expenses) creates wealth based inequities within the District that are not Constitutional and are a violation of Assembly Bill

Questionable Donations:

Why is School First Federal Credit Union Paying for Instructional Aids at Concordia Elementary School?

Why are donations being used for Professional Development for Teachers?

Why is CC&R donating $98,775.00 to Las Palmas Elementary School?CUSD has contracts with CC&R

What are these "Planning Sessions"? and Why is the CUSD Foundation supporting a Single High School?

I cannot find any information on a Tutoring company called TRUIST? PUBLIC INFORMATION REQUEST

Why is the Concordia PTA making donations to San Juan Hills High School?

Why is the Moulton Elementary School PTA making donations to Shor Cliffs Middle School?

Why are donations being used to pay for Instructional Aids at Concordia Elementary School?

Why are donations being used to pay for Bus Driver Orientation?

Why are San Juan Hills Performing Arts Boosters paying for Vista Del Mar's Art Program?

BROWN ACT VIOLATION CUSD published its Agenda with so many errors in Agenda Item #2 Donations of Funds and Equipment that an article was published questioning the donations as published. At the Meeting CUSD provided the Public with a paper hand-out correcting the Item. After the meeting CUSD failed to revise the Agenda Item and note that the Item had been revised at the meeting with a paper hand-out

A complaint has been filed with the District Attorney on Friday 9-18-17.

Every student is entitled to DISTRICT FUNDED Art, Music and Science programs that align with minimum state mandated Content Standards and Curriculum Frameworks, and is taught by a properly credentialed teacher.

Relying on Fundraising and Donations to pay for core educational products and services creates wealth based inequities in the quality of education students receive within the district. These inequities violate the civil rights of every student and is an illegal violation of AB 1575.

Donations are to be used for the "enrichment" of students beyond the minimum constitutionally mandated curriculum.

School First Federal Credit Union Paid $56,528 for Instructional Aids at Concordia Elementary School.

CUSD spent $2 million dollars on Instructional Aids in 2016-17. Is that really "Enrichment"?

$10,776 Professional Development at Concordia?

CUSD gets a $3 million dollar Teacher Effectiveness Grant that is mandated to be spent on Professional Development. They also use General Fund dollars as well and now we add fundraising dollars? Some teachers are out of their class as much as 17 days per year.

CR&R $98,775 PE Equip Field Trips Technology and Programs Las Palmas Elementary

CUSD has Contracts with CR&R?

The record shows PTA's from one school funding items at other schools?

This has to be a recording error- but if not pulled from consent- it will be passed as is.

Trustees were notified prior to the meeting. Corrections were made via a paper handout at the meeting. A Brown Act Violation.