Documentation in Support of Claim:
Due to the size of the supporting documentation, the documentation is being referenced electronically and incorporated herein.
Slide Presentation for the January 27, 2016 Board of Trustees Meeting can be found at the following link: http://peopleforstudentrights.com/index.php/visual-and-performing-arts- slide-presentation-to-the-board-january-27-2016
Federal Complaint Count 16 Fundraising for Visual and Performing Arts can be found at the following link: http://peopleforstudentrights.com/index.php/complaint/count-16
LCAP Goal 3 Annual Review can be found at the following link: http://peopleforstudentrights.com/index.php/lcap/lcap-goal-3
All documentation posted on the web site: http://www.peopleforstudentrights.com
RELIEF REQUESTED:
(A) Request that the Capistrano Unified School District comply with the following State laws and Board Policy:
United States Constitution Section 1 Equal Protection Law
State Constitution Article 9 Section 5 Free School Guarantee
State Constitution Article 1 Section 7 and Article 4 Section 16 Equal Protection
Education Code Section 51210 - Course of Study Grades 1-6 - The District is required to fund two visual and performing arts classes at every school site.
Education Code Section 51220 - Course of Study Grades 7-12
Education Code Section 51225.3 Academic Subjects Required for Graduation
Education Code Section 60605.1 State Board Adoption of Visual and Performing Arts Curriculum
Education Code Section 8810 - Arts Education must be included in school curriculum Education Code Section 8820 - Inclusion of the Arts in a school curriculum Education Code Section 8950 - Summer School for the Arts
Education Code Section 51225.3 (E) - Required Courses of Study for Graduation - One course in visual or performing arts, foreign language, or, commencing with the 2012-13 school year, career technical education.
Education Code Section 60605.1 - Visual and Performing Arts Curriculum, content standards
Education Code Section 51511 - Religious matters properly included in courses of study Code of Regulation Title 5 Section 350 - School Fees not permitted
Bylaw of the Capistrano Unified School District Board of Trustees 9000 Roles of the Board - Powers and Responsibilities
Bylaw of the Capistrano Unified School District Board of Trustees 9271 - Code of Ethics
CUSD Board Policy 0410 Philosophy - Goals - Objectives and Comprehensive Plans - Non- discrimination in District Programs and Activities
CUSD Board Policy 0420.1 Philosophy - Goals - Objectives and Comprehensive Plans - School Based Program Guidelines
CUSD Board Policy1000 Community Relations - Concepts and Roles
CUSD Board Policy1020 Community Relations - Youth Services
CUSD Board Policy1100 Community Relations - Communication with the Public
CUSD Board Policy1160 Community Relations - Political Process
CUSD Board Policy1230 Community Relations - School Connected Organizations
CUSD Board Policy1321 Community Relations- Solicitation of Funds From and By Students CUSD Board Policy3260 Business and Non-instructional Operations - Student Fees
CUSD Board Policy3290 Business and Non-Instructional Operations - Gifts, Grants and Bequests.
CUSD Board Policy3291 Business and Non-Instructional Operations - Gifts to School Personnel
CUSD Board Policy5180 Students - Nondiscrimination
CUSD Board Policy6142.6 Instruction - Visual and Performing Arts Education
CUSD Board Policy6143 Instruction - Courses of Study
CUSD Board Policy6145 Instruction - Extracurricular and Co-curricular Activities
CUSD Board Policy6145.5 Instruction - Student Organizations and Equal Access and fully fund a visual and performing arts curriculum for every student beginning January 1, 2016.
(B) Return donations to donors:
Perform an audit of all donations for visual and performing arts.
I have documented the following from board meeting agendas; however, the bookkeeping for accepting donations is not in compliance with State laws and Board Policies.
Total donations for elementary Music for 2015-16 have been $237,184.00.
Total donations for elementary Art for 2015-16 have been $81,552.27.
Request that the District return donations to Donors to be used for other items that are not mandated by law to be funded by the District.
* Donations should be returned for the 2013-14, 2014-15 and 2015-16 school years (implementation of California's new education funding law Local Control Funding Formula)
(C) Implementation of a district funded elementary music and art program for all students in grades 1-6 beginning January 2016.
(D) Amend the District's 2015-16 budget to reflect the cost for CUSD to fund a visual and performing arts curriculum for all students that is within the law in subsequent budgets.
