Count 11

2014-15 EMPLOYMENT CONTRACTS AND 204-15 ADOPTED BUDGET WERE ENTERED INTO ILLEGALLY. CONTRACTS ENTERED INTO ILLEGALLY ARE NOT ENFORCEABLE.

 

SYNOPSIS:


CUSD's 2014-15 Employment Contracts and 2014-15 Budget were entered into illegally; in violation of state and federal laws, board policies and employment contract provisions regarding good faith negotiations.


Contracts entered into illegally are not enforceable.


The illegal contracts resulted in the unjust enrichment of CUSD employees at the expense of the quality of education that students received; which, resulted in a measurable decline in the academic performance of students across all demographics.

 
The illegal contracts resulted in the unjust enrichment of CUSD employees at the expense of taxpayers who; under the California Constitution, are promised that their tax money will FIRST be used to fund a public education system that provides every student with an equal opportunity to achieve a quality education. Equality of educational opportunity as defined by 44 years of California case law requires all school districts to posses an equal ability in terms of revenue to provide students with substantially equal opportunities for learning.


The same opportunity to obtain:


• high quality staff,
• program expansion and variety,
• beneficial teacher-pupil ratios and class sizes,
• modern equipment and materials, and attend school in high-quality buildings.
  

The Capistrano Unified School District, and its employee bargaining units (CUEA, CSEA, Teamsters, CUMA), in collusion with majority Trustees; knowingly and intentionally negotiated behind closed doors to adopt a 2014-15 budget that defendants knew was detrimental to students, and would result in the unjust enrichment of CUSD employees at the expense of students and taxpayers. 

                     

Defendants, Capistrano Unified School District, employee bargaining units (CUEA, CSEA, Teamsters, CUMA), in collusion with Majority CUSD Trustees conspired to execute employment contracts that unjustly enriched employees at the expense of the quality of education that students received. Defendants failed to comply with Public Disclosure Laws- California Government Code Section 3547-3547.5, California Education Code Sections 42130 and 42131 and Board Policy 4143.1(a).

                     

On June 24, 2015 the CUSD Board of Trustees adopted a 2015-16 Budget without having 2015-16 employment contracts in place. Employee Compensation represented over 90% of the Capistrano Unified School Districts Budget. No Impasse was filed.  Adoption of the 2014-15 Budget and Employee contracts violated Public Disclosure Laws (California Government Code Section 3547-3547.5), California Education Code Sections 42130 and 42131 and Board Policy 4143.1(a). :

                 

2014-15 EMPLOYMENT CONTRACT WITH DEFENDANT CUEA:

 

   CUSD No Notice of PUBLIC HEARING re: CUSD Initial Proposal to CUEA 2014-15
 03-12-14  CUSD Initial Proposal to CUEA 2014-15 March 12, 2014 BOT Meeting Agenda Item #2 page 153 Information/Discussion 
 03-19-14  CUEA Initial Proposal to CUSD for 2014-15 (submitted to CUSD March 19, 2014 according to CUEA Bargaining up-date)
   CUSD No Notice of PUBLIC HEARING re: CUEA Initial Proposal to CUSD 2014-15
 03-26-14  CUSD Initial Proposal to CUEA 2014-15 March 26, 2014 BOT Meeting Agenda Item #5 page 3 Discussion/Action
 03-26-14  CUSD Never Brought CUEA Initial Proposal to CUSD 2014-15 before the Board for Information/Discussion
 04-23-14  CUEA Initial Proposal to CUSD 2014-15 April 23, 2016 BOT Meeting Agenda Item #11 page 123 Discussion/Action
 04-23-14  CONTRACT NEGOTIATIONS BETWEEN CUSD/CUEA FOR 2014-15 CAN FORMALLY BEGIN AS OF APRIL 23, 2014
 06-25-14  CUSD Adopts the 2014-15 Budget without having CUEA Contract in place (over 90+ percent of CUSD's budget). No Impasse  was filed. Article 12.1 of the  Contract  between CUEA and CUSD for 2013-14 requires both parties to negotiate in  good faith to complete new  contracts before the old  contract expires or file an Impasse. Both parties breached  Article 12 of the 2013-14  contract.
 06-30-14  CUSD/CUEA 2013-14 Contract Expired - No Impasse was filed. The parties failed to negotiate in good faith to execute a new employment contract for 2014-15 prior to adopting the 2014-15 Budget. The 2014-15 Adopted Budget materially changed instructional time, class size and employee compensation. 
 07-01-14  2014-15 Fiscal Budget year begins with no contracts in place with CUEA for 2014-15
 11-14-14  Collective Bargaining Meeting CUSD/CUEA
 12-18-14  Collective Bargaining Meeting CUSD/CUEA
 01-13-15  CUEA Releases Bargaining Up-date to Rep Council which spells out Collective Bargaining Meeting Dates. 2014-15 Adopted  Budget already contained money to restore teachers work year to 185 days (eliminate furlough days) and to reduce class size  when MOU expired. CUEA is looking for a 3% to 6% salary schedule increase for 2014-15.
 01-21-15  Collective Bargaining Meeting CUSD/CUEA
 02-24-15  CUEA Releases Bargaining up-date to its members. 2014-15 budget restored school year to 180 days and teacher work year  to 185 days no more pay cuts. Class sizes per negotiated agreement.
 03-05-15  CUEA Releases Bargaining up-date to its members - looking for increased salary schedule
 03-13-15  CUEA Releases Bargaining up-date to its members - looking for salary schedule increase.
 03-30-15  CUSD made proposed changes to the Tentative Agreement regarding Article 5.8 Banked Minutes
 03-30-15  CUSD made proposed changes to the Tentative Agreement regarding Article 5.8 Banked Minutes
 03-30-15   CUSD and CUEA reached a tentative Agreement for July 1, 2014 - June 30, 2015. The retro-active agreement increased CUEA  compensation by $4,084,000. Made public, and adopted at the April 22, 2015 BOT meeting Agenda Item #4. The new  Contract increased the compensation by 3% (2% salary schedule increase and a 1% off schedule collaboration payment). The  Salary schedule increase is retro-active beginning February 1, 2015. The alternative TK-2 class size language saves the  District $10 million 2014-15 through 2019-20
 ?  CUSD/CUEA PUBLIC HEARING Tentative Agreement 2014-15 
 04-22-15  CUSD/CUEA Tentative Agreement 2014-15 Adopted April 22, 2015 BOT meeting Agenda Item #4 page 25 Discussion/Action

 

 

 

 

On March 30, 2015 CUSD and CUEA reached a tentative Agreement for July 1, 2014 - June 30, 2015. 

The retro-active agreement increased CUEA compensation by $4,084,000.

Made public, and adopted at the April 22, 2015 BOT meeting Agenda Item #4 

The new Contract increased the compensation by 3% (2% salary schedule increase and a 1% off schedule collaboration payment). The Salary schedule increase is retro-active beginning February 1, 2015. 

The alternative TK-2 class size language saves the District $10 million 2014-15 through 2019-20

 

Supporting Documentation:

 

CUSD Initial Proposal to CUEA 2014-15 March 12, 2014 BOT Meeting Agenda Item #2 page 153 Information/Discussion

 

 

 

June 25, 2016 BOT Meeting Agenda Item #13 page 23

 

 

 

 

 

 

 

                     

 

(m) As to Defendant CUSD's 2014-15 Employment Contract with Defendant CSEA:

CSEA current contract for July 1, 2013- June 30, 2015 was adopted October 1, 2013

Initial Proposal of CUSD to CSEA for 2014-15 dated March 12, 2014

Made Public and adopted at the March 12, 2014 BOT Meeting Agenda Item #3

Initial Proposal of CUSD to CSEA for 2014-15 dated March 26, 2014 Agenda Item #6 (Identical to the March 12, 2014 Proposal)

Made Public and adopted at the March 26, 2014 BOT Meeting Agenda Item #6

Initial Proposal of CSEA to CUSD for 2014-15 dated March 12, 2014

Made Public and adopted at the March 26, 2014 BOT Meeting

CONTRACT NEGOTIATIONS BETWEEN CUSD/CSEA FOR 2014-15 CAN FORMALLY BEGIN AS OF MARCH 26, 2014

On June 25, 2014 CUSD adopted the 2014-15 Budget without 2014-15 employment contracts in place

On June 17, 2014 CUSD and CUEA executed an MOU for July 1, 2013 -June 30, 2014 to retroactively "fix" a Step delay Salary Schedule at a cost to CUSD of $395,000.

The MOU was made Public and Adopted at the July 9 BOT Meeting Agenda Item #1

On December 18, 2014  CUSD and CSEA executed an MOU for July 1 2014 -  re: Identification Badge Pilot Program.

                      (n) As to Defendant CUSD's 2015-16 Employment Contract with Defendant Teamsters:

Initial Proposal of CUSD to Teamsters for 2014-15 dated March 12, 2014

Made Public at the March 12, 2014 BOT Meeting Agenda Item #4

Initial Proposal of CUSD to Teamsters for 2014-15 dated March 26, 2014 Agenda Item #7 (Identical to the March 12, 2014 Proposal)

Made Public at the March 26, 2014 BOT Meeting agenda Item #7

Initial Proposal of Teamsters to CUSD for 2014-15 dated April 29, 2014

Made Public at the May 14, 2014 BOT Meeting agenda Item #5

CONTRACT NEGOTIATIONS BETWEEN CUSD/TEAMSTERS FOR 2014-15 CAN FORMALLY BEGIN AS OF MAY 14, 2014

On June 10, 2014 CUSD and Teamsters entered into a Tentative Agreement for the period June 1, 2014 - June 30, 2015

Made Public and Adopted at the June 25, 2014 BOT Meeting Agenda Item #14

The Tentative agreement contained Articles and Restoration not contained in Initial Proposals of CUSD or Teamsters and did not disclose the final cost of the agreement to CUSD; in violation of Public Disclosure laws Government Code Section 3547-3547.5, California Education Code 42130 and 4231 and Board Policy 4143.1(a)

On June 16, 2015 (one year later) CUSD and Teamsters executed an Interim Tentative Agreement and MOU dated June 16, 2015 for period July 1, 2015 - June 30, 2015

Made Public and Adopted at the June 25, 2015 BOT Meeting agenda Item #14 

The new agreement is a retro-active compensation increase that gives Teamsters a 2% salary schedule increase, a 2% Step and Column Salary increase, a 2% increase in Statutory benefits and a a 1% off schedule collaboration payment. This retroactively gave Teamsters the same compensation increase that CUEA negotiated. Average compensation increased from $62,879 to $70,135 under this new agreement. 

The cost to CUSD was stated to be $124,000

                       (o) As to Defendant CUSD's 2015-16 Employment Contract with CUMA

Tentative Agreement with CUMA July 1, 2014 - June 30, 2015

Made Public at the June 25, 2014 BOT Meeting Agenda Item #15 (after budget adopted)

3rd Amendment to Deputy Superintendent of Business Services Clark Hampton's Employment Contract.

Contract agreement with Clark Hampton Deputy Superintendent Business Services July 1, 2015 - June 30, 2018

Made Public at the November 12 2014 BOT Meeting Agenda Item #16

Recommendation of Revised Employment Agreement CUMA/CUSD for the period July 1, 2014 - June 30, 2015 

Made Public at the June 24, 2015 Agenda Item #15

The cost to CUSD was stated to be $422,000

Recommendation of 4th Amendment to Employment Agreement with Deputy Superintendent, Business Services, for the period July 1, 2014 - June 30, 2015 and July 1, 2015- June 30, 2018.

Made Public at the June 24, 2015 BOT Meeting agenda Item #16

The cost to CUSD was stated to be $3,820

2% salary schedule increase

1% off schedule salary adjustment

This increases Clark Hampton's Compensation from $191,000 to $194,000 

                       (p) As to Defendant CUSD's 2015-16 Budget:

PUBLIC HEARING 2015-16 Budget BOT Meeting June 11, 2014 Agenda Item #3

Vote to Adopt 2015-16 Budget BOT Meeting June 25, 2014 Agenda Item #13 - Employment Contracts not settled

What was presented to the Public June 11, 2014 was different at the June 25 2014 BOT Meeting - Certificated Salaries and Benefits had been reduced by $673,000 (not reflected in June 11th information).

The newly adopted budget increased employee compensation, restored the school year to 180 days and changed class sizes (all negotiated items) without having new contracts in place. 

Total Increased Compensation Expense 2014-15:

CUEA: $4,084,000

CSEA: $395,000

Teamsters: $124,000

CUMA: $3,820 = $422,000 = $425,820

Total: $5,028,820 in new compensation retro-actively added to the 2014-15 budget

                       (q) As to Defendant CUSD's 2014- 15 and 2015 - 16 LCAP and Class Size Reduction

Annual LCAP Up-date BOT Meeting January 28 2015 Agenda Item #5 Goal 1 Decrease Class Size per negotiated contract

Measurable Outcome #3 on page 36 of 43 states that CUSD spent $4,973 million to reduce class sizes in 2014-15

Letter from OCDE to CUSD dated April 16, 2015 states that there was no class size reduction in 2013-14 or 2014 -15

The $4,973 that CUSD stated would be spent on class size reduction was spent to increase employee compensation as in this complaint. The District and it's employee bargaining groups perpetrated a fraud upon the public resulting in the unjust enrichment of employees at the expense of students. As a result students 

                       (r) Defendant Orange County Department of Education and Defendant Orange County Department of Education Board of Trustees, responsible for reviewing both CUSD's LCAP, Employment Contracts and Budget for fiscal solvency failed to do so, and as a result allowed CUSD to file a positive budget without having employment contracts in place. Further, the OCDE accepted CUSD's LCAP stating that it was spending $4,973 million to reduce class sizes and then in a letter accepting CUSD's Tentative Agreement with CUEA acknowledged that there were no class size reductions in 2012-13 and 2014-15. As a result of the failure of the OCDE and it's Board of Trustees to oversee CUSD, the fundamental right that every student has to achieve a quality education has been violated. Without oversight, Defendant CUSD, employee bargaining units (CUEA, CSEA, Teamsters and CUMA) and CUSD Board of Trustees were allowed to conspire behind closed doors to unjustly enrich CUSD employees at the expense of students thereby depriving students of the funding needed to achieve a quality education. 

                        (s) The continued lack of adequate funding has resulted in a notable decline in the academic performance of students across are demographics as evidenced by the LCAP and historical data referenced in this complaint and incorporated herein. 

 

1.    FY 2014- 15 Employment Contracts and Adopted Budget

 

March 12, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #1 Exhibit #1 page 1 Certification of the 2013-14 Second Interim Report Adoption of Resolution No 1314-36, 2013-14 Revenue and Expenditure Increase/Decrease

 

2014-15 State Budget - Effect on CUSD Revenues 

 

Prop 30 Taxes have given the State record high revenues. Revenues are expected to continue to increase over the next two years. The State has eliminated all deferrals. CUSD will only require cash flow borrowing for property tax revenue timing. 

 

Under California's new education funding law, the amount of ADA that an individual school district receives depends on an individual districts demographics. Those District's with a low percentage of students who are English Language Learners, Receiving Free and Reduced Lunch and/or are Foster Children will continue to be funded solely by the Base Funding Grant, which remains to low to provide any student with an opportunity to achieve a quality education as defined by the courts to be "...opportunity to obtain high quality staff, program expansion and variety, beneficial teacher pupil ratios and class sizes, modern equipment and materials, high-quality buildings." [Serrano v. Priest II 18 Cal 3d 748] 

 

The stated goal of the LCFF is to fund K- 12 education at 2007-08 levels + inflation and not reach that level of funding until 2021. This will mean that all school districts with a low percentage of students who are English Language Learners, Receiving Free and Reduced Lunch and/or are Foster Children will continue to be severely underfunded into the foreseeable future.

 

Enrollment at CUSD is "declining" - Actually the number of students attending CUSD schools is increasing. However, as more families opt for Charter Schools it affects the enrollment for ADA purposes. In 2007-08 CUSD had 52,390 students and in 2014-15 that has increased to 54,036 but CUSD will receive ADA based on an enrollment number of 49,838.

 

 

 

E-mail from Deputy Superintendent of Business Services to Parent Advocate Dawn Urbanek dated 9-17-15:

 

"Although the combined District and charter enrollment is growing this does not mean [CUSD] student population is growing as the charters are allowed to enroll students from out of the District boundaries.  At Connections Academy, our largest charter, most of the students do not live in this area as this is a non-seat based (online) charter school.

In comparison, the data on form NCMOE (image 1) is actually ADA (attendance) data not enrollment and is pulled from the 2014-2015 annual attendance not P2 attendance (See ADA attachment). The forms are complicated in the State software because the data they require varies depending on how State law was written and so they are often different comparisons using different data sets.

Because CSUD enrollment is declining, CUSD is funded on prior year attendance which is the P2 ADA number in the column labeled ‘funded ADA’ on the ADA attachment. 

Please let me know if you have any further questions.

Clark"

see: Enrollment by Grade for 2014-15 CDE Data Quest- Link to Image 1 that Clark is referreing to: http://data1.cde.ca.gov/dataquest/Enrollment/GradeEnr.aspx?cChoice=DistEnrGr2&cYear=2014-15&cSelect=3066464--Capistrano%20Unified&TheCounty=&cLevel=District&cTopic=Enrollment&myTimeFrame=S&cType=ALL&cGender=B

 

As enrollment declines- CUSD will receive less per pupil funding going forward which will place further budgetary concerns on the District..

 

Major Assumptions in the 2013-14 2nd Interim Report for 2014-15 and 2015-16 Budget:

 

COLA Salary Increases are included in the proposed budget

The cost of returning the school year to 180 days is included in the proposed budget

Class sizes per contract - meaning they can increase or decrease per negotiated contract 

Compensation per Contract - meaning compensation can increase or decrease per negotiated contract

Step and Column Salary increases per contract - meaning they can increase or freeze per negotiated contract

No other salary or benefit increases.

 

CUSD is expecting to file a positive certification

 

Employee Compensation (salaries/pensions/benefits) will continue to be over 90% of CUSD's budget (page 122 of 143 at page 121)

 

CUSD has $49 million in unfunded pension liabilities (page 135 of 143 at page 134) 

 

Status of Labor Agreements 2012-13:

CUEA- Settled 

CSEA -Settled

CUMA - Settled

 

Resolution #1314-36 Revenue and Expenditure Increases/Decreases dated March 12, 2014 [page 143 - 147]

 

Increased income (revenue adjustment + reduction in expenditures) is $6,449,156

 

Increased Revenue $3,940,711

Adjustment to Charter Shift $532,600

Adjustment to Federal Revenue $41,685

Prop 39 Energy Grant $2,608,066

Gifts $758,360

 

Reduction in Expenditures $3,430,762: 

Classified Salaries ($33,321) 

Health & Welfare Benefit Adjustment ($315,765)

Books & Supplies ($62,684)

Services and Operating Expenses ($2,479,610) 

Capital Outlay ($379,416)

 

Changes to District Spending:

Certificated Salaries Increased by $16,475

Mental Health Common Core (Mandated) spending increased by $5,533,531

Teacher Staff Development spending increased by $1,792,942

Undesignated = To Ending Fund Balance $7,371,473

 

 

 

SSC School District and Charter School Financial Projection Dartboard [page 149] 

 

Agenda Item #2 CUSD Exhibit #2 page 153 CUSD Initial Proposal to CUEA 2014-2015 Information/Discussion

 

 

 

CUSD proposal dated March 12, 2014 is to vague to fulfill public disclosure requirements and violates California Government Code Section 3547 and Board Policy 4143.1(a) 

 

Agenda Item #3 CUSD Exhibit #3 page 155 Contract Re-Opener Proposal to CSEA FY 2014-2015 Information/Discussion

 

CUSD proposal dated March 12, 2014 is to vague to vague to fulfill public disclosure requirements and violates Government Code Section 3547 and Board Policy 4143.1(a) to meet public disclosure requirements.

 

Agenda Item #4 CUSD Exhibit #2 page 157 Contract Re-Opener Proposal to Teamsters FY 2014-2015 Information/Discussion

 

CUSD proposal dated March 12, 2014 is to vague to fulfill public disclosure requirements and violates Government Code Section 3547 and Board Policy 4143.1(a) to meet public disclosure requirements.

 

CALIFORNIA GOVERNMENT CODE SECTION 3547-3547.5

 

Prior to entering into a written agreement, California Government Code (GC) Section 3547.5 requires a public school employer to publicly disclose the major provisions of a collective bargaining agreement, including but not limited to, the costs incurred in the current and subsequent fiscal years. This requirement ensures the public is adequately informed and has an opportunity to comment on an agreement’s impact before its provisions become binding on the district.  A public disclosure is necessary for all bargaining agreements, including those relating to a reopened contract or those resulting in a savings or minimal or no fiscal impact. Additionally, Section 3540.2 requires a district having a qualified or negative certification pursuant to California Education Code (EC) Section 42131 to allow the county office of education at least ten (10) working days to review and comment on any proposed collective bargaining agreement. Statute further requires the district superintendent and the chief business official to certify in writing that the district can meet the agreement’s costs for the specified term. The certification is to include an itemization of the budget revisions necessary to meet the agreement’s costs in each year. Within 45 days of adopting a collective bargaining agreement, EC Section 42142 requires the district superintendent to forward any current year budget revisions to the County office for review. If a school district does not adopt the current year revisions necessary to satisfy the agreement’s provisions, GC Section 3547.5 requires the county superintendent of schools to issue a qualified or negative certification for the district’s next interim financial report.  The criteria and standards adopted by the State Board of Education, as specified in California Code of Regulations, Title V, Sections 15451 and15464, also require districts to provide the county office of education with an analysis of negotiated costs, and the county superintendent to review and respond to in writing as necessary. 

 

3547.  (a) All initial proposals of exclusive representatives and of public school employers, which relate to matters within the scope of representation, shall be presented at a public meeting of the public school employer and thereafter shall be public records. (b) Meeting and negotiating shall not take place on any proposal until a reasonable time has elapsed after the submission of the proposal to enable the public to become informed and the public has the opportunity to express itself regarding the proposal at a meeting of the public school employer. (c) After the public has had the opportunity to express itself, the public school employer shall, at a meeting which is open to the public, adopt its initial proposal. (d) New subjects of meeting and negotiating arising after the presentation of initial proposals shall be made public within 24 hours. If a vote is taken on such subject by the public school employer, the vote thereon by each member voting shall also be made public within 24 hours. (e) The board may adopt regulations for the purpose of implementing this section, which are consistent with the intent of the section; namely that the public be informed of the issues that are being negotiated upon and have full opportunity to express their views on the issues to the public school employer, and to know of the positions of their elected representatives

 

3547.5.  (a) Before a public school employer enters into a written agreement with an exclusive representative covering matters within the scope of representation, the major provisions of the agreement, including, but not limited to, the costs that would be incurred by the public school employer under the agreement for the current and subsequent fiscal years, shall be disclosed at a public meeting of the public school employer in a format established for this purpose by the Superintendent of Public Instruction. (b) The superintendent of the school district and chief business official shall certify in writing that the costs incurred by the school district under the agreement can be met by the district during the term of the agreement. This certification shall be prepared in a format similar to that of the reports required pursuant to Sections 42130 and 42131 of the Education Code and shall itemize any budget revision necessary to meet the costs of the agreement in each year of its term. (c) If a school district does not adopt all of the revisions to its budget needed in the current fiscal year to meet the costs of a collective bargaining agreement, the county superintendent of schools shall issue a qualified or negative certification for the district on the next interim report pursuant to Section 42131 of the Education Code.

 

CUEA Bargaining Up-date: (Slides 1 to 9)

 

2.      March 19, 2014 CUEA Bargaining Up-date to Employees Initial Proposal to CUSD FY 2014-15 

 

According to the CUEA Bargaining Update dated January 13, 2015 CUEA submitted its Initial Proposal to CUSD on March 19, 2014. The District did not make the CUEA Proposal Public until April 23, 2014; over one month after receiving the Proposal which does not meet the requirements of California Government Code Section 3547- 3547.5 and Board Policy 4143.1.

 

3.    March 26, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #4 Data for the LCAP Local Control Accountability Plan

 

The following three Agenda Items are identical to the Initial Proposals dated March 12, 2014 that were made public March 12, 2014.

 

Agenda Item #5 Exhibit #5 page 3 CUSD Contract Initial Proposal to CUEA FY 2014-2015 Discussion/Action - See March 12, 2014 Agenda Item #2 

Agenda Item #6 Exhibit #6 page 5 CUSD Contract Initial Proposal to CSEA FY 2014-2015 Discussion/Action - See March 12, 2014 Agenda Item #3

Agenda Item #5 Exhibit #7 page 7 CUSD Contract Initial Proposal to CUEA FY 2014-2015 Discussion/Action - See March 12, 2014 Agenda Item #4

 

Agenda Item #8 Exhibit #8 page 9 CSEA Contract Re-Opener Proposal to CUSD FY 2014-15 Discussion/Action

 

 

 

 

CONTRACT NEGOTIATIONS BETWEEN CUSD AND CSEA FOR FY 2014-15 CAN FORMALLY BEGIN AS OF March 26, 2014

 

4.    April 23, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #11 Exhibit #11 page 123 CUEA Contract Re-opener Proposal to CUSD Discussion/Action.  

 

Agenda Item #12 Exhibit 12 page 125 Resolution No. 1314-43, Classified Layoff Non-Management

 

Resolution to eliminate vacant positions

 

CONTRACT NEGOTIATIONS BETWEEN CUSD AND CUEA FOR FY 2014-15 CAN FORMALLY BEGIN AS OF April 23, 2014 

 

5.    May 14, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #3 Exhibit page 9 Local Control Accountability Plan Up-date

 

Agenda Item #5 Exhibit page 13 Teamsters Contract Re-Opener Proposal for FY 2014-15 Discussion/Action

 

Very Vague- without access to a copy of this contract the Public has no idea what sections 17.1.1 and 17.1.2 are?

 

 

CONTRACT NEGOTIATIONS BETWEEN CUSD AND TEAMSTERS FOR FY 2014-15 CAN FORMALLY BEGIN AS OF May 14, 2014

 

6.    May 29, 2014 Press Release - Notice of Public Hearing: 6/11/14 CUSD’s FY 2014-15 Proposed Budget

 

7.   June 11, 2014 CUSD Board of Trustees Meeting

 

Agenda Item #1 PUBLIC HEARING - Local Control Accountability Plan

 

Agenda Item #2 Local Control Accountability Plan Up-date

 

Agenda Item #3 PUBLIC HEARING 2014-15 Proposed Budget Adoption Information/Discussion

 

When CUSD holds the Public Hearing and the vote simultaneously, there really is no opportunity for Trustees to consider the Publics voice. The Public Hearing has become a formality that circumvents the spirit of "public in-put". When the public at large shows up in numbers to express itself- public comment time is cut from 3 minutes to 1 or 2 minutes, or the number of speakers is limited. Trustees are not permitted to engage in conversation with the public during Board Meetings so there is no ability for Trustees to engage with the Public. The manner in which CUSD "engages" the Public is designed to intentionally limit Public in-put. 

 

Budget Assumptions 2013-14 compared to 2014-15

 

Overall Assumptions

 

1. Projected enrollment in 2013-14 was 50,322 in 2014-15 is projected to be 49,843 

 

2. Base Per pupil funding in 2013-14 was $5,293.03 in 2014-15 it is projected to be $6,848 per ADA

 

3. School Site Supply budgets are projected to increase:

 

K-5 from $15.75 per student to $21 per student

6-8 from $18.75 per student to $25 per student

9 - 12 from $24.75 per student to $33 per student

 

4. Staffing Formula

 

K = from 32:1 to 30.5:1

1 - 5 = from 33:1 to 31.5:1

6-8 = from 34:1 to 32.5: 1

9 - 12 = from 36:1 to 34.5:1

 

Revenue Assumptions

 

1. COLA State Categorical Funding .85% (2013-14 1.56%)

 

2. COLA State Special Education Funding .85% (2013-14 1.56%)

 

3. Lottery Unrestricted - $126 per ADA (2013-14 $124 per ADA)

 

4. Lottery Restricted (Instructional Materials) -$30 per unit same in 2013-14

 

Expenditure Assumptions

 

1. 2014-15 180 day school year (required by law) in 2013-14 CUSD has 177 days of school (3 instructional furlough days)

 

2. Step and Column Salary Increases: 

CUEA 1.5%

CSEA 2%

CUMA 1.5%

Teamsters 2%

 

3. Statutory Benefits STRS and PERS Costs

 

The State of California is passing on increased costs of PERS and STRS to the District at a rate that will place a substantial financial burden on CUSD especially when the State is limiting revenue to 2008 levels + inflation by the year 2021.

 

PERS Cost:

 

2013-14 11.442%

2014-15 11.7%

2015-16 12.6%

2016-17 15%

2017-18 16.6%

 

STRS Cost:

 

2013-14 8.25%

2014-15 9.5%

2015-16 11.1%

2016-17 12.7%

 

The increased STRS and PERS contributions are expected to be 10% of CUSD's total budget by 2021. With employee compensation over 90% of CUSD's budget there will be no funding for anything BUT employee compensation, and that is assuming no further increases in employee compensation through 2021. Increased employee compensation is already built into every budget before deciding how any other funds are to be spent: COLA salary increase + Step and Column Salary Increase + Health and Welfare benefit increases are included every year before cuts are identified, or surplus revenue is allocated to other things like class size reduction, program restoration, facilities maintenance.

 

CUSD 2014-15 Budget Adoption Slide Presentation June 11, 2014

 

 

 

The Proposed 2014-15 Budget increases employee compensation by $16.7 million before negotiations have even been completed making bargaining for what is in the best interest of students negotiating from a very weak position.

 

CUEA Salaries  $ 8,765,452 million

CSEA Salaries  $ 3,451,989 million

Benefits          $ 4,440,100 million

Total              $16,657,541 million

 

Rather than pay more for the same level of service, CUSD should be spending money to reduce class sizes, restore programs and fix facilities that have not been maintained since 2007-08.

 

8.   June 25, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #12 Exhibit #12 page 21 Local Control Accountability Plan

 

Agenda Item #13 Exhibit #13 page 23 FY 2014-15 Budget Discussion/Action

 

The District is required by law to adopt a budget for the 2014-15 fiscal year no later than June 30, 2014, for enactment on July 1, 2014. Employee compensation is over 90% of CUSD's budget. Employment contracts must be completed prior to budget adoption or the District must file an Impasse.

 

What is being presented at the June 25th Board of Trustees meeting is different than what was presented at the previous meeting (June 11, 2014 - See Chart Above as compared to chart below)

 

 

Revenues:

 

Revenues remain the same at $9,759,552

 

Expenses:

 

Certificated Salaries have decreased by $600,000 from $8,765,452 to $8,165,452

Classified Salaries have remained the same at $3,541,989

Benefits have decreased by $73,200 from $4,440,100 to $4,366,900

Books and supplies have remained the same at $6,643,003

Service and operating expenses have remained the same at ($634,975)

Capital Outlay has remained the same at $1,884,447

Other Outgo/Debt Service has remained the same at $242,095

Transfers of Indirect/Direct Support have remained the same at $52,375

 

Expenses have decreased by $673,000 due to a reduction in Certificated salaries and benefits that was not reflected in the June 11, 2014 

 

Agenda Item #14 Exhibit #14 page 215 Tentative Agreement with Teamsters for July 1, 2014 -June 30, 2015

 

CUSD Initial Proposal March 12, 2014 made public March 12, 2014 BOT Meeting - no terms expressed

 

Teamsters Initial Proposal Dated April 29, 2014 Made Public May 14, 2014 BOT Meeting - Article 17.1.1 and 17.1.2 (no terms expressed)

 

The final agreement has terms that were not part of the initial proposals:

 

Restoration Language- not in either proposal

 

Article 4: Grievance Procedures - not in either proposal

 

Article 17 - Discipline (Opened by Teamsters)

 

Article 18 Transportation Provisions (Opened by CUSD)

 

The agreement gives:

 

Five Furlough Days restored as paid days from July 1, 2014

 

Floating Holiday Restored beginning July 1, 2014

 

Step and Column Salary Increases of 2%

 

The Disclosure Document is suppose to show the cost prior to the agreement and the cost of the agreement after execution. It does not.  The Board agenda states that the agreement memorializes the expiration of employee concessions June 30, 2014 and addresses providing better clarity in the contract within three identified articles. Only 2 articles were identified in initial proposals.

 

By law, the Public needs to know the cost of the agreement before it is voted on.

 

Comparison of Public Disclosure of Collective Bargaining agreements for July 1, 2008 - June 30, 2015

 

Salary Schedule:

2008-09   $5,425,433

2009-12:  $5,768,500  

2012-13:  $5,175,271

2013-14:  $4,792,338  

2014-15:  $4,356,148

2014-15 Amended: $4,931,217

 

Step & Column:

2008-09:  -0-

2009-12:  -0-  

2012-13:  $171,294

2013-14:  $  98,000 

2014-15:  $  88,901

2014-15 Amended: $98,624

 

Other Compensation:

2008-09:  -0-

2009-12:  -0-

2012-13:  -0-

2013-14:  -0-

2014-15:  -0-

2014-15 Amended: -0-

 

Statutory Benefits:

2008-09   $1,215,297

2009-12:  $1,296,766 

2012-13:  $1,080,079

2013-14:  $  956,224

2014-15:  $  960,978

2014-15 Amended: $1,130,800

 

Health and Welfare Benefits:

2008-09:  $1,113,200

2009-12:  $1,130,547 

2012-13:  -0-

2013-14:  $1,227,222

2014-15:  $1,070,479

2014-15 Amended: $1,133.408

 

Total Compensation Increase/Decrease:

2008-09:  $7,753,930 

2009-12:  $8,195,813 

2012-13:  $6,426,644

2013-14:  $7,073,784  * Not on Disclosure form - amount is blank.

2014-15:  $6,476,506

2014-15 Amended: $7,294,049

 

Number of Employees:

2008-09:  115

2009-12:  101

2012-13:  108

2013-14:  101

2014-15:  103

2014-15 Amended : 104

 

Total Average Compensation per Employee:

2008-09:  $67,425

2009-12:  $81,147

2012-13:  $59,506

2013-14:  $70,037 * Not on Disclosure Form - amount is blank

2014-15:  $62,879

2014-15 Amended: $70,135

 

 

Agenda Item #15 Exhibit #15 page 231 Tentative Agreement with CUMA July 1, 2014 - June 30, 2015 Discussion/Action 

 

"Due to the one year nature of the 2013-14 contract agreement, costs have been included in the budget development for 2014-15 and multi-year projections" 

 

The compensation increases are budgeted for long before the Board votes to accept the new contract- there is no meaningful public input into employee compensation contracts, and in fact there is no disclosure of the compensation offered in Board Agenda #15 which is a violation of Public Disclosure laws.

 

Agenda Item #43 Exhibit #43 page 769 Third Amendment to Deputy Superintendent of Business Services Clark

Hampton’s Employment Contract 

 

This Board agenda restores Clark Hampton's salary and work year schedule back to the original contract executed April 6, 2012.

 

Original Contract: April 6, 2012 Special Board Meeting

Salary $191,000 per year

Same adjustments to salary and benefits as all CUMA

Fringe benefits - same as other certificated and classified employees

Transportation allowance $300 per month

12 month employee 24 days vacation

12 sick days per year

$720 per year cell phone

 

1st Amendment to Contract: Increased compensation by $7,793 as a result of CUSD including $8.24 million in LCFF money into the 2013-14 budget.

 

2nd Amendment to Contract: September 25, 2013 BOT Meeting Agenda Item #22 page 671 LCFF - $7,793 erroneously paid to Clark Hampton (new LCFF money should not have been included into the 2013-14 budget) and Agenda Item #23 page 673 - 7 Furlough Days saving CUSD $5,142

 

3rd Amendment to Contract: June 25, 2014 BOT Meeting Agenda Item #43 page 769 restores salary and work schedule back to original contract

  

* Without executing new 2014-15 CUEA contract, the Board adopted a FY 2014-15 Budget that changed material terms of the existing contract such as changes to furlough days- class size- compensation. How is that legally possible without a new contract?

 

9.    June 30, 2014  CUSD/CUEA FY 2013-14 Contract and MOU Expired June 30, 2014

 

CUSD/CSEA FY 2013-14 Contract Expired June 30, 2014

 

The District failed to negotiate new employment contracts before they expired - a breach of Article 12 of CUEA/CUSD FY 2013-14 Contract. 

 

The District Failed to file an Impasse as required by Article 12.

 

ARTICLE 12 - Negotiation Procedures  

 

12.1 The District and the Association agree that they will meet and negotiate pursuant to the requirements of State law sufficiently in advance of the end of the term of this agreement so that there is sufficient time for a new agreement to be reached or for the resolution of an impasse. No later than April 1 of the calendar year in which this agreement expires the parties shall submit their initial proposals to each other for a successor agreement or re-openers. The District shall give proper notice of such proposals at the first school board meeting following the submission of the proposals.

 

Source: http://www.cuea.org/information_v2/ContractToJun2013.pdf at page 47

 

A new agreement was not reached until April 22, 2015 almost one year late, and an Impasse has never been filed. 

 

CUSD and CUEA conspired behind closed doors not to enter into a new employment contract prior to the June 30, 2014 Contract and MOU expiration. An impasse was never filed. With knowledge and foresight, on June 25, 2014 the CUSD Board of Trustees voted to Adopt a 2014-15 Budget that changed employee compensation, restored the school year to 180 days and changed class sizes (all negotiated items). Evidence of behind closed door negotiations is the fact that Defendants CUSD, CUSD Board of Trustees, CUSD Bargaining Units (CUEA, CSEA, Teamsters and CUMA) conduct followed perfectly the Bargaining timeline that CUEA provided to its members on March 19, 2014, 5 months prior to adopting the 2014-15 budget, and one year prior to executing a new CUEA contract. 

As a result of this conspiracy to unjustly enrich employees at the expense of students, students have been deprived of their fundamental right to achieve a quality education. The civil rights of every student in CUSD has been violated as a result of defendants conduct. 

 

10.    July 1, 2014 FY 2014-15 FISCAL BUDGET YEAR BEGINS (No New Employment Contract with CUEA or CSEA) but the 

         new Budget reflects changes in compensation, class size and furlough days.

 

11.    July 9, 2014 Board of Trustees Meeting

 

 Agenda Item #1 Exhibit #1 page 1- MOU CUSD/CSEA July 1, 2013- June 30, 2014 Discussion/Action 

 

The Board Agenda states that this item was to fix a FY 2014-15 Step Delay Salary Schedule, which created an unintended negative salary impact of $395,000 

 

12.    July 23, 2014 Board of Trustees Meeting

 

Agenda Item #1 Exhibit #1 page 1 - Resolution No 1415-01, Authorization of Temporary Inter-fund Transfers

 

13.    August 12, 2014 CUSD Collective Bargaining Meeting with CUEA

 

According to the CUEA Bargaining Up-date dated January 13, 2015 CUEA met with CUSD on August 12, 2014 regarding FY 2014-15 Contract.

 

14.    August 27, 2014 Board of Trustees Meeting

 

Agenda Item #13 Exhibit #13 page 1 - Resolution No 1415-16 Classified Layoff Non-management Employees

 

Lay-off of 1.25 FTE Instructional aids due to a lack of funds.

 

15.    October 8, 2014 Board of Trustees Meeting

 

Agenda Item #19 Advertise Request for Proposal No 3-1415 Classified Service Classification and Compensation Study

 

Study will allow CUSD to comply with Ed Code Section 45101 and collective bargaining agreements with CSEA and Teamsters regarding the accuracy and relevancy of existing job descriptions

 

16.    October 22, 2014 Board of Trustees Meeting

 

Agenda Item #3 Exhibit #3 page 27 District Goals and Objectives

 

Agenda Item #4 Exhibit #4 page 35 Recovery Plan Up-date

 

 

Agenda Item #5 Exhibit #5 page 43 Local Control Accountability Plan Up-date

 

17.    November 12, 2014 CUSD Board of Trustees Meeting 

 

Agenda Item #2 Exhibit #2 page 27 Vote to Approve District Goals 

 

Agenda Item #16 Exhibit #16 page 349 Contract Agreement with Clark Hampton Deputy Superintendent Business Services July 1, 2015 - June 30, 2018

 

Original Contract: April 6, 2012 Special Board Meeting

Salary $191,000 per year

Same adjustments to salary and benefits as all CUMA

Fringe benefits - same as other certificated and classified employees

Transportation allowance changed from $300 per month to ? under new contract

12 month employee 24 days vacation

12 sick days per year

$720 per year cell phone

 

18.    November 14, 2014 CUSD Collective Bargaining Meeting with CUEA

 

According to the CUEA Bargaining Up-date dated January 13, 2015 CUEA met with CUSD on November 14, 2014 re: FY 2014-15 Contract

 

19.    December 10, 2014 Board of Trustees Meeting 

 

Agenda Item #6 Exhibit #6 page 5 Presentation of the Annual Financial Report for the Year Ending June 30, 2014

 

Agenda Item #7 Exhibit #7 page 111 Certification of the 2014-15 First Interim Report and Adoption Resolution No. 14115-26, 2014-15 Revenue and Expenditure Increase/Decrease.

 

Board Audio December 10, 2014 at 42 minutes 25 seconds

at 46 minutes 15 seconds Clark Hampton explains that per pupil funding is limited to 2007-08 levels + inflation to be reached by the year 2021

 

This Resolution increased funding for:

 

CUEA contract expense by:

Salaries $1,892,483 ($1,851,346 from the General Fund, $89,451 from Adult Ed Fund, -$48,314 Child Dev Fund)

STRS: $2,311,901 ($1,435,738 from the General Fund, $22,864 from Adult Ed Fund, -$146,701 Child Dev Fund)

Total $3,204,384

 

CSEA contract by:

Salaries: $495,554 ($454,965 General Fund, -$12,976 Adult Eduction Fund, $13,565 Child Dev Fund, $40,000 Deferred Maintenance Fund)

 

At the same time it reduced funding for Materials & Supplies by $7,584,785

 

 

CUSD continues to use any new revenue streams to provide increased compensation for existing employees rather than higher new employees to reduce class sizes, and in fact is still taking resources away from the classroom (Materials & Supplies) to maintain maximum employee compensation. If the State is going to freeze K-12 revenues at 2007-08 levels + inflation, employees cannot expect any additional increases in compensation through 2021, and should, in fact restore contractual compensation increases that were received through contracts that were entered into illegally and are therefore not enforceable. The State cannot continue to demand increased taxes to essentially fund Government salaries, pensions and benefits without providing the instructional services that are mandated by Article XVI Section 8 of the California Constitution. The United States is in one of the longest economic recoveries in history- should there be another recession- Districts like CUSD will be devastated because the only recovery has been in employee compensation. CUSD has not restored programs, class sizes or fixed and maintained any facilities. With declining enrollment, CUSD may never see 2007-08 funding levels again.

 

The pie charts above show that Books & Supplies declined from 5.5% down to 3.6% so that employee compensation could be increased. CUSD is simply paying more for the same services. There is no increase in academic value in paying an increased rate for the same employee for doing the same job. CUSD is doing nothing to provide an opportunity for students to obtain program expansion and variety, beneficial teacher-pupil ratios and class sizes, modern equipment and materials, and high-quality buildings.

 

The State's failure to provide student's with adequate funding to achieve a quality education, by intentionally underfunding Districts with a low percentage of students that are English Language Learners, Receiving Free and Reduced Lunch and/or are in Foster Care constitutes invidious discrimination and is a violation of the Equal Protection Clause to the 14th Amendment to the United States Constitution and the Equal Protection Clauses of the California Constitution. 

 

Capistrano Unified School District 2014-15 1st Interim Report December 10, 2014 at page 249

 

 

Agenda Item #8 Exhibit #8 page 271 Recovery Plan December 10, 2014

 

Agenda Item #12 Single School Plans for Student Achievement and Budgets for 2014-15 - No Agenda Documentation

 

Agenda Item #39 Exhibit #39 page 765 Memorandum of Understanding With CSEA for November 1, 2014 - June 30, 2015 Identification Badge Pilot Program

 

20.    December 18, 2014 CUSD Collective Bargaining Meeting with CUEA

According to the CUEA Bargaining Update dated January 13, 2015 CUEA met with CUSD on December 18, 2014 re: 2014-15 Contract 

21.    January 13, 2015 CUEA Bargaining Update to Members 

22.    January 21, 2015 CUSD Collective Bargaining Meeting with CUEA

According to the CUEA Bargaining Up-date dated January 13, 2015 CUEA met with CUSD on January 21, 2015 re: 2014-15 Contract

23.   January 28, 2015 Board Meeting

Agenda Item #3 Governor's January Budget Proposal for Fiscal Year 2015-16

Capistrano Unified School District 2015-16 Governor's Budget Proposal January 28, 2015

The State is continuing to increase tax revenues and fees bringing the State budget to record high revenues. At the same time, the State is intentionally underfunding Districts with a low percentage of students that are English Language Learners, Receiving Free and Reduced Lunch and/or are in Foster Care. The State withholds $200 million dollars per year from the Capistrano Unified School District alone.

The State's new education funding formula limits all K-12 spending to 2007-08 levels + inflation; promised to be reached by the year 2021. At the same time, the State takes these "surplus revenues" and creates new entitlement programs and projects that are not constitutionally mandated. The continued lack of adequate funding leaves school districts to struggle to provide even basic educational opportunities for students to achieve a quality education. The continued lack of adequate funding has resulted in a notable decline of academic performance across all demographics. CUSD does not receive adequate funding to achieve program expansion and variety, beneficial teacher-pupil ratios and class sizes, modern equipment and materials, and high-quality buildings. 

Further Potential Harm to students as a result of new State policies include:

The State, rather than provide adequate funding, underfunds K-12 education and then provides one times funds as needed. This is forcing Districts to budget ongoing expenses as one time items (Professional Development for teachers and, Technology for example).

CTE- Career Technical Education - one time funds for 3 years to replace the MOE requirement for ROP. Districts are no longer required to fund ROP. Under the old State Funding Law CUSD was mandated by the State to make a maintenance of effort contribution to ROP of $2.9 million per year which it is no longer required to do under California's new education funding law. To encourage Districts to maintain these programs, the State is providing one time money to fund what is essentially an on-going expense. 

Adult Ed is also an MOE that expires in 2014-15 so the State is proposing a one time funding source for 2015-16.

School Facilities- The State is passing the full cost of facilities down to the local level and has offered -0- funding for K-12 Public School facilities through 2021 (see State's 2015-16 5-year Infrastructure Plan). Failure to fund K-12 facility needs while dramatically increasing funding for programs and entitlements that are not constitutionally mandated is a violation of Article XVI Section 8 of the California Constitution.

The State's 5-year infrastructure plan does not provide any funding for K-12 Public Education. The $234 million that is being spent on Education is allocated as follows:

 

Source: http://www.ebudget.ca.gov/2015-Infrastructure-Plan.pdf at page 79

 

 

K- 12 Public Education: *No funding at all

State Special Schools: $90.5 million

High Education: UC  $25 million

California State University: $25 million

California Community Colleges $99.6 million

When the State funds School Districts with one time money to address an ongoing expense it places a great financial burden on the District to provide continual high quality and sustainable services to students. 

The State of California has record high revenues. The State has the money to adequately fund K-12 public education, but chooses not to use revenues to fulfill it's constitutionally mandated obligation to adequately fund K-12 Public Education. Taxpayers are already burdened by record high tax levels, and are now being expected to borrow money to pay for facilities so that the State of California can spend tax payer money on new programs and entitlements that are not constitutionally mandated. If the State of California wants to change the State's spending priorities, it must do so with a constitutional amendment. We will start to see school districts actively "advocate" to make Prop 30 (a temporary tax) a permanent tax. By law School Districts are not allowed to "advocate" for political positions.

 

Board Audio at 52 minutes 10 seconds - Trustee Martha McNicholas discusses having the District "advocate" for the passage of bond measures for facilities. As past PTSA President she should know that Schools Districts are not allowed to "advocate" for political positions. She mentions  "Coalition for Adequate School Housing" and Ron Bennett School Services of California regarding Districts increased CalSTRS and CalPERS contributions. School District "Advocacy" is how Prop 30 got passed and it did nothing to benefit students in the classroom. 

Agenda Item #8 page 25 Second Reading Board Policy 6151 Class Size

CUSD stated on its LCAP that reducing class size is one of CUSD's major goals:

LCAP Goal #1

"Students will demonstrate academic growth and proficiencies needed to ensure they leave TK-12 system ready for college and career"

Measurable Outcome #3 on page 36.43 states that CUSD is spending $4,973,000 to reduce class size.

Expected Annual Measurable Outcome:

Class size averages will be restored within Ed. Code (no waivers), based on negotiated contract.

Actual Measurable Outcomes:

Class size averages will be restored within Ed Code based on negotiated contract.

"based on negotiated outcome" means that CUSD has no intention of working towards 24:1 in grade 1 - 3. CUSD knows that, under the new LCFF law, CUSD will never have sufficient funding to reach 24:1 and still continue to increase employee compensation to match the Districts with high concentrations of students who are English Language Learners, Receiving Free and Reduced Lunch and/or are in Foster Care .

Planned Action/Services:

Ensure effective learning conditions by reducing class sizes and providing adequate instructional days for students.

Actual Service:

"Enhanced effective learning conditions by reducing class size and providing adequate instructional days for students. Fully implemented 180 days of school and decreased class sizes per negotiated agreement."

CUSD perpetrated a fraud upon parents and tax payers living within CUSD by making any reference to the reduction of class sizes. The only reduction CUSD students will ever see to class size is the result of the expiration of the MOU which restores Class size to previous levels in 2015-16. The District is lying if it represents that it "negotiated" a new class size reduction.

Estimated Actual Annual Expenditures: To Reduce Class Size

$3,949,600 Certificated Personnel Salaries Base Grant Funding

$  987,400  Certificated Personnel Salaries Supplemental Grant Funding

$4,937,000 Total

CUSD did not reduce class sizes in 2013-14 or in 2014-15 as documented in a letter from OCDE to the District dated April 16, 2015 - so where did that $4,937,000 go? The only "new" teachers that were hired in large numbers were pre-school. teachers. Why are we funding Pre-school when we have inadequate funding to educate K-12 which is constitutionally mandated to be funded "FIRST" before any other State expense? 

The class size reduction projected in 2015-16 is the result of the expiration of an MOU between CUSD and CUEA- not a new negotiation.

CUSD Class Size and staffing ratios since 2011:

The State's LCFF gives financial incentives for districts to reduce class sizes to 24:1 in grades 1 - 3. However, the law actually lets districts set class sizes to anything that the district negotiates with its bargaining units. Class size reduction has been a stated goal of parents and the public for years in CUSD.  However, CUSD continues to make budget decisions that maximize employee compensation at the expense of class size reductions, which is why CUSD has the highest class sizes in the State of California and the Nation. Every year CUSD gives across the board compensation increases to employees, rather than use funds to reduce class sizes. The LCAP has been violated with no recourse for the Public until they can show three consecutive years of violation.

California's new LCFF law is intentionally designed to limit public in-put and make school district finances less transparent. Defendants State of California, Governor Brown, and the State Legislature colluded with State labor unions to use the K-12 public education system to raise tax revenues with no intention of providing "EVERY" student with an equal opportunity to achieve a quality education. The State intentionally underfunds Districts with a low percentage of students that are English Language Learners, Receiving Free and Reduced Lunch or are in Foster Care so that "surplus revenue" (revenue the State steals from "wealthy" school districts) can be used to fund new programs and entitlements that are not constitutionally mandated. Such discrimination is invidious and violates the civil rights of every student in CUSD irrespective of their individual wealth, race or ethnicity. That is a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution and a violation of Article 1 section 7 and Article 4 Section 16 of the California Constitution.

The State of California has written the law to intentionally allow districts to use class size increases as a means of balancing its budget if they choose to negotiate such a contract. Financial incentives to encourage class size reduction rather then financial penalties for excessive class sizes is a policy change that puts students at a disadvantage at the collective bargaining table. When a District has Union elected Trustees and a District negotiation Team that is essentially co-workers with Union staff, that means there is no one sitting at the collective bargaining table negotiating on behalf of what is in the best interest of students and tax payers. 

Source: California Department of Education- LCFF Frequently asked questions - K-3 Grade Span Adjustment

Education Code Sections 41376 and 41378 prescribe maximum class sizes and penalties for districts with any classes that exceed the limits established in 1964: Class Sizes Penalties - CalEdFacts 

On Tuesday January 15, 2014 over 100 Rancho Santa Margarita parents attended a parent initiated meeting to seek answers to why students at Las Flores were being moved to different classrooms mid-year. CUSD was forced to hire 6 new teachers to reduce class sizes or face $1.8 million in penalties. When parents at the meeting questioned why the District was moving their children to different classrooms with new teachers mid year Julie Hatchel, Assistant Superintendent, Elementary Schools cited: "small school growing pains" and she went on to explain:

Combination classes are formed when there are too many children at a particular grade level. Unfortunately, students do not always come to the District in nice little packages of 20-30 at a time.  For example, if there are 45 fourth graders and 45 fifth graders, the District would need to form one fourth grade class of 30, one fifth grade class of 30, and one 4/5 combination class with a 15/15 split for a total of 30 students.  

The Capistrano Unified School District attempts to avoid overcrowded classrooms.  It is a local policy to maintain a reasonable enrollment figure in each elementary classroom.  State legislation limits classroom size in grades K, 1, 2 and 3.  Available funds also affect the number of teachers the District can employ.  These factors inevitably make it necessary to establish combination rooms in order to implement the state law, provide reasonable-size classes, and stay within the District's financial budget.

"Available funds also affect the number of teachers the District can employ."

Class size is a negotiated item. When budgets are tight a District must decide where to spend its available funds. Money can be spent to hire enough teachers to keep class size at reasonable levels, or the teachers can vote to accept larger class sizes in an effort to maintain maximum compensation levels for the few number of remaining teachers.

CUSD has cut $152.9 million dollars from its budget since 2006 (30% of it's total budget). For the past ten years, CUSD has maintained maximum employee compensation by balancing its budget with increased class sizes and cuts to student programs rather than reduce teachers salaries.

Despite the fact that CUSD has cut $152 million from its budget since 2006- the CUSD teacher salary schedule has only decreased by 1.2%. That was in 2010 as a result of the 2010 Teachers Union strike mediation agreement.

 

At the January 28, 2015 BOT meeting the Board amended Board Policy 6151 further reducing Trustees power to regulate class size changing their power from "shall" regulate class size to "may" regulate class size meaning the responsibility of determining class size may be done by district staff alone. Agenda Item #13 Exhibit #13 page 41 Adjusted Expenditure Plan for One-time funds for Common Core State Standards

CUSD received $10,148,614 in one time Common Core funding

Agenda Item #26 Exhibit #26 page 221 CUSD MOU with CSEA for November 1, 2014 - June 30, 2015 Use of GPS Devices on District Vehicles

24.    February 12, 2015 CUEA/CUSD Bargaining Meeting according to CUEA Bargaining up-date.

25.    February 24, 2015 CUEA Bargaining Update to Members 

26.    March 5, 2015 CUEA Bargaining Update to Members 

27.    March 13, 2015 CUEA Bargaining Update to Members

28.    March 18, 2015 Open Letter from Plaintiff Dawn Urbanek to the Orange County Board of Trustees dated March 18, 2015. This letter was also published in the local Patch for San Juan Capistrano, Dana Point, Laguna Niguel, San Clemente, Mission Viejo and Aliso Viejo 

 

Open Letter to the Orange County Department of Education Board of Trustees

Date: Wednesday March 18th, 2015

 

Robert M. Hammond, 1st District

David L. Boyd, 2nd District

Ken L. Williams Jr., D.O. 3rd District

John W. Bedell, Ph.D. 4th DIstrict

Linda Lindholm, 5th District

 

Re:     The Capistrano Unified School District

           Positive Certification of the 2014-15 2nd Interim Budget Report

 

Dear Trustees:

 

As a parent of a student in the Capistrano Unified School District, I wanted to express my deep concern about the financial position of the Capistrano Unified School District, and it's ongoing ability to provide a quality education to the 50,000 students it serves in this District.

 

As a Trustee for the Orange County Department of Education you were elected by the people to represent the interests of taxpayers and students in all matters before this Board. It is the job of the Orange County Department of Education to oversee the financial stability of the Capistrano Unified School District. As a Trustee, you have a legal fiduciary duty to see that the interests of students are represented at the collective bargaining table, and that the district complies fully with Public Disclosure Laws.

 

On March 11, 2015, the CUSD Board of Trustees voted to adopt Resolution #1415-38 Revenue and Expenditure Increases/Decreases stating that in accordance with Education Code Section 42130 that the report satisfied the State and County Office of Education Officials that CUSD will be able to meet its financial obligations for the remainder of this fiscal year (and the two subsequent years). In addition, as required by AB 2756, the District certifies that minimum reserve levels are projected to be met for the two subsequent fiscal years.

 

Historical Unrestricted Salaries and Benefits to Total Unrestricted General Fund Expenditures

 

According to the Interim Report, 90% of CUSD's budget goes towards employee compensation (salaries, pensions and benefits).

 

On page 109 of the Report, it states that the Districts negotiations with employee groups have not been completed.

 

Source: http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/3272207836948201822.pdf at page 172 of the Board Agenda Page 109 of 130 of the Second Interim Report for Fiscal Year 2014-15

 

The District is requesting a POSITIVE CERTIFICATION... stating that based upon current projections CUSD will meet its financial obligations for the current fiscal year and subsequent two fiscal years.

 

The District does not know the actual cost of 90% of its budget; and therefore cannot, in good faith, state with certainty that it will meet it's financial obligations for this or the subsequent two years.

 

The District and CUEA Failed to Negotiate in Good Faith to Execute a New Employment Contract in Accordance with Article 12.1 of the Agreement.

 

The District has failed to execute new employment agreements with staff for the current year 2014-15 and the subsequent year 2015 - 16. It is unclear to the Public which contract is in force, but according to the CUEA web site, it is a contract executed in 2011 that expired on June 30, 2013.

 

ARTICLE 12 - Negotiation Procedures 

 

12.1 The District and the Association agree that they will meet and negotiate pursuant to the requirements of State law sufficiently in advance of the end of the term of this agreement so that there is sufficient time for a new agreement to be reached or for the resolution of an impasse. No later than April 1 of the calendar year in which this agreement expires the parties shall submit their initial proposals to each other for a successor agreement or re-openers. The District shall give proper notice of such proposals at the first school board meeting following the submission of the proposals.

Source: http://www.cuea.org/information_v2/ContractToJun2013.pdf at page 47

A new agreement has never been reached, and an impasse has never been filed.

 

The result of both parties failure to negotiate in Good Faith to execute a new contract in accordance with Article 12.1 constitutes a Breach of Contract that resulted in the unjust enrichment of District Employees which caused substantial harm to every student in the District as outlined below:

 

The District has been working without a new teachers contract since June 30, 2013. However, material terms of the Districts contract with CUEA have been changed such as changes to class sizes, the number of employees and total employee compensation.  Average employee compensation increased by $10,000, class sizes increased by 1.5 students across all grades, and students had three furlough days in 2013-2014.  These are all negotiated items which cannot be changed without a new agreement.

 

Public Disclosure of Collective Bargaining Agreement CUSD/CUEA shows that for the period July 1, 2012 ending June 30, 2013 Average Compensation (salaries, pensions and benefits) for Teachers was $95,673. There was a total number of represented employees of 2,155.

Public Disclosure of Collective Bargaining Agreement CUSD/CUEA shows that for the period July 1, 2013 ending June 30, 2014 Average Compensation (salaries, pensions and benefits) for Teachers was $105,340. There was a total number of represented employees of 2,035.

 

 

The OCDE Board of Trustees should be made aware of the following:

 

With the passage of the States New LCFF, CUSD received $8.42 million in new funding for the 2013-14 academic School Year.

 

At that time, the State gave direction to Districts NOT to include the new funding in the current year negotiations. 

 

At that time,  there was no LCAP in place too ensure accountability of how the new LCFF funds were to be spent.

 

Had the District and CUEA bargained in Good Faith. The revenues would have been based on a COLA only budget and restoration language would not have been triggered .

 

The District and it's employee groups conspired behind closed doors to intentionally delay contract negotiations until after the receipt of the new LCFF money.

 

Trustees voted to pass a 2013-14 Budget without having employment contracts in place. The Budget that was passed contained furlough days, increased class sizes and substantial compensation increases for employees (all negotiated items).

 

By delaying 2013-14 contracts, the Employee groups were able to claim that the combination of the COLA and new LCFF money when combined triggered salary restoration language from the 2010 teachers strike. 

 

By delaying contract negotiations the District was able to give  employees $5.622 million in salary restorations, then started the process of identifying $13,381 million dollars in budget cuts for 2013-2014 school year.

 

The result: Protected Salaries- Pensions- Benefits- for employees. Cuts to student services- increased class sizes- cuts to programs- deferred maintenance and 3 instructional furlough days for students.

 

This was documented in a Memorandum from Clark Hampton, Deputy Superintendent, Business and Support Services to the Board of Trustees dated July 30, 2013.

 

Source: http://capousd.ca.schoolloop.com/file/1343191429797/5667737573387975994.pdf 

 

CUSD has Cut $152 million from its Budget since 2006

 

The Nation is in the midst of the longest financial recovery in history. We are in the 6th year of recovery. As you read the $152 million in cuts that have been made, you must keep in mind that during this "recovery" very little money has been spent to instructional time, to restore programs, to reduce class sizes, or to maintain our facilities. Most additional money has been used to maintain maximum employee compensation.

 

As an example- despite the fact that employee compensation is over 90% of the Districts budget (after an early retirement that is costing CUSD $2.44 million per year for five years) the teachers salary schedule has only been reduced by 1.2% since 2006 (which was restored last year). So while employees have been shielded from the harshness of the great recession, students have been forced to endure old buildings that have had little or no maintenance, in classrooms with 40 kids per class, with instructional time being consumed by fundraising activities to pay for art music and other programs that have been cut.

 

See: Cuts to Staff and Programs Since 2006 at the end of this letter.

 

Despite the State's Record High Revenues, Many School Districts Remain Severely Underfunded.

 

The State of California did it's own studies which showed that you cannot educate a student in a large suburban school district for under $10,726 per student per year.

 

Source: http://www.schoolfunding.info/states/ca/CA-AIR-3-07.pdf at xiii 

 

Capistrano Unified is funded at $7,002 per student. To put that number into perspective CUSD is receiving $2,499 per student less then California’s current average per pupil spending of $9,501 and $4,224 per student less than the current national average of $11,226.

 

The States new LCFF intentionally underfunds wealthy suburban school districts. The State keeps $200,000 million dollars per year in education funding that should go to the Capistrano Unified School District. The new funding formula deprives every student in the District of sufficient funding for a basic education simply because they happen to live in a wealthy area. That is a violation of the Equal Protection Clause of the 14th Amendment to the US Constitution and the Free School Guarantee of the California Constitution.

 

By any measure- ALL students in the Capistrano Unified School District (irrespective of their individual wealth, race or ethnicity) are being deprived of the funding they need to have the education that is guaranteed to them under Article IX of the California constitution. 

 

The Continued Lack of Adequate Funding Has Resulted in a Notable Decline in Student Performance Across all Demographics.

 

API

 

Capistrano Unified Promotes itself as the Highest Performing Large School District in the State. CUSD has dropped to #4 this year- API is down 9 points from last year.

 

Source:

http://api.cde.ca.gov/Acnt2013/2013GrowthDstApi.aspxcYear=&allcds=3066464&cChoice=2013GDst2

 

Largest Class sizes in California- Largest in the Nation

 

Current “AVERAGE” Class sizes:

 

Kindergarten: 30.5 students to 1 teacher

Grades 1-5: 31.5 students to 1 teacher

Grades 6-8: 32.5 students to 1 teacher

Grades 9-12: 34.5 students to 1 teacher

 

Even with the passage of Prop 30 and new LCFF money, CUSD was forced to, once again, seek a waiver from the State for Class Size Reduction for 2014- 15. Approval of the 2014- 2015 waivers would eliminate financial penalties for increasing class sizes in:

 

Kindergarten: Average 33 students to 1 teacher with a maximum of 35 students to 1 teacher in an individual classroom

Grades 1- 3: Average 34 students to 1 teacher with a maximum of 35 students to 1 teacher in an individual classroom

Grades 4-8: Averages above 29.9 – no maximum set for individual classrooms

 

Source: February 12, 2014 Board Meeting Agenda Item #1 and 2 http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/7569031574149012313.pdf

 

LCAP DATA

 

39% of the Students graduating from CUSD are ready for College level courses in English Language Arts. 99% of English Language Learners are unprepared for college level course-work in English Language Arts.

 

23% of the Students graduating from CUSD are ready for College level courses in Mathematics. 22% of English Language Learners are prepared for college level course-work in Mathematics.

 

54% of Students Complete A-G Requirements by Graduation

By Senior Year only 59% of Students are on Track to Graduate

 

CUSD has 4,035 High School Freshman - 81.5% are on track to graduate with that number dropping to 59% by 11th Grade

50.2% of CUSD Graduates attend Community College. Only 39% of CUSD graduates enter a 4-year college or university. Of the 39% less than 10% are attending a selective 4- year private university or college.

 

Of those students who do attend College 61% need remedial coursework in English Language Arts before they can begin college level coursework. Only 1% of CUSD English Language Learners demonstrate a readiness for college-level course-work in English Language Arts.

 

Of those students who are attending college 77% need remedial coursework in Math before they can begin college level coursework.

 

Source: March 26, 2014 Board Meeting Agenda Item #4 “Data for the Local Control Accountability Plan” http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/1463621950735616281.pdf Agenda Item #4 - Exhibit 4

 

Insufficient Funding is Only Part of the Picture- The State is Increasing the Districts Contributions to CalSTRS and CalPERS to an Amount That Will Equal 10% of the Districts Total Budget by 2021; While Per Pupil Spending is Expected to Grow to a Maximum of $8,500 per student by 2021

 

Under the current funding, without some relief or intervention students in CUSD will continue to be deprived of the basic education that is guaranteed to every student in the State and in the Nation.

 

It is my sincere hope that the New Board of Trustees of the Orange County Board of Education take their fiduciary duty to taxpayers and students in CUSD and protect the interest of students at the collective bargaining table and advocate for the funding our students deserve.

 

Sincerely,

 

Dawn Urbanek,

Parent/Advocate Capistrano Unified School District

 

 

 

CUTS TO STAFF AND PROGRAMS SINCE 2006

 

2006-2007 & 2007-2008 - $10.5 million

Classified Support Reductions (CSEA) (Eliminated 94 positions)

Classified Support Reductions (Teamsters) (Eliminated 52 positions)

Program and Service Reductions

Reduced home-to-school transportation from 47 to 18 routes operated under a “parent pay” program

2008-2009 - $20.5 million

Management Reductions (Eliminated 26 District-level management and confidential positions and 5 site-level positions)

Classified Support Reductions (CSEA) (Eliminated 42 positions)

Classified Support Reductions (Teamsters) (Eliminated 2 positions)

2009-2010 (April 2009) - $25.6 million  

 

2009-2010 (September 2009) - $7.8 million

 

2009-2010 Reductions $33.4 million ($25.6 + $7.8)

Management Reductions: (Eliminated 21 management / confidential positions at the District level and 11 elementary assistant principals)

Classified Support Reductions (CSEA) (Eliminated 55 positions)

Increased Class Sizes: (Increased class sizes in 2nd and 3rd grade from 20 to 31.5 students)

Reduced Instructional support services: (Reduced Counselors, elementary music teachers, psychologists, and resource teachers on special assignment)

Program and Service Reductions: Eliminated or reduced many programs to utilize categorical flexibility including:

Adult Education·   

Summer School·  

PE Grants·  

Deferred maintenance·  

Cal-SAFE·   

Art & Music Block Grant·         

CAHSEE Instruction·   

PAR·               

Instructional Materials·   

Professional Development and School and library Block Grants

Furlough Days

CUEA: 3 non-instructional days +1 instructional day

Management: 11 – 12 days

 

2010-2011 - $34.9 million

Salary Restorations                  $8.2 million

2010-2011 Reductions $26,709,000 ($34.9 - $8.2)

Program Reductions (5-11-10) $ 5,500,000

Eliminated Positions (6-29-10) $ 2,465,000

Management Reductions (2011-2012 Eliminated 2 middle school assistant principals)

Classified Support Reductions (CSEA) (Eliminated 28 positions and reduced calendar days and hours for 9.5 month employees)

Increased Class Sizes: (Increased class sizes in 1st grade from 20 to 31.5 students)

Furlough Days

CSEA: Up to 4.5 days 2010 - 2011

CUEA: 1.5 – 3 days

Teamster: 4 days since

Management: 6 days

Salary Consessions:

CUEA 1.2% = $ 19,700,000

Teamsters 1% =  $ 490,000

CSEA .7% = $ 5,334,000

CUMA 5.25% = $ 1,470,000

Salary Restorations - All Groups $ (8,250,000) (Students Still Had Furlough days - large class sizes - deferred maintenance - cuts to programs)

Total Reductions after $8,250 in restorations: $ 26,709,000

 

2011-2012 - $ 9.6 million

Classified Support Reductions (CSEA) (Reduced Calendar for 10 month employees)

Salary Rollback: (Management 3.7%)

Medical/Dental Benefits – (Effective January 2011, all employees pay a larger share of the monthly premium cost % not specified)

 

2012-2013 - $30 million

Even with the Passage of Prop 30, CUSD was forced to cut $30 million from its 2012- 2013 Budget

*Note- The District uses a "MULTI-PRONGED APPROACH" to Budget Cuts. Proposed Budget Cuts were based on the passage or failure of Prop 30. If Prop 30 passed CUSD would need to cut $30 million - if Prop 30 failed CUSD would need to cut $51 million. This approach assumes that cuts start with unilateral cuts to non-negotiated items and then only looks to negotiated cuts from employee groups if needed. This is a fundamentally flawed approach to addressing CUSD's budget shortfalls. Everything, ("unilateral reductions" and "negotiated concessions") should be on the table together. To force unilateral cuts first then back into negotiated cuts as a last resort, has resulted in a disproportionate amount of cuts to core education programs while shielding the 90+% of the budget that goes to employee compensation from the bulk of cuts CUSD has faced the past five years.

This can be illustrated by looking at the 2012- 2013 Collective Bargaining Agreements and the corresponding 2012-2013 Budget that was adopted June 27, 2013.

 

Source: The Community Budget Forum June 7, 2013 laid out the tools CUSD had to make $30 - $50 million in cuts (Depending on the passage or failure of Prop 30). See also CUSD 2013- 2014 Fiscal Year Budget Up-date June 12, 2013: http://capousd.ca.schoolloop.com/file/1229223560406/1218998864154/8712875548042173714.pdf

 

Unilateral- Non-Negotiated Reductions = $11 million

Management (CUMA):  $1.5 million

Classified (CSEA):  $3.5 million

Certificated (CUEA): $3.5 million

Redirect Categorical Funding: $1.1 million

Other area of savings: $1.4 million

 

Negotiated Employee Concessions: $39.7 million in identified cuts

Savings from Class Size increase: = $8.2 million

Increase Class Size by 1 all grades saves  $4.2 million

Increase Class Size by 1.5 all grades  $6.4 million

Increase Class Size by 2 all grades saves  $8.2 million

Savings from Freezing Salary Schedule: = $2.7 million

Management (CUMA)    $162,796 mid-year Jan 2013

Classified (CSEA)        $932,554 full-year

Certificated (CUEA)      $1,432,144 mid-year Jan 2013

Teamsters                $207,044 full-year

Savings from 8 Furlough Days all employees = $9 million

Management (CUMA):  $100,059 per day

Classified (CSEA):  $338,361 per day

Certificated (CUEA):   $1,191,788 per day

Teamsters:   $43,415 X 8 per day

Furlough Days from 2011-2012 contract + 2012-2013 contract

Management (CUMA) 6 current + 2 = Total 8 Furlough Days

Classified (CSEA) 0 current + 8 = Total 8 Furlough Days

Certificated (CUEA) 3 current + 5 = Total 8 Furlough Days

Teamsters 4 current + 4 = Total 8 Furlough Days

Savings from each 1% Salary Rollback =  $19.8 million

Management (CUMA) Each 1% = $194,030

Classified (CSEA) Each 1% = $589,227

Certificated (CUEA) Each 1% = $2,031,912

Teamsters Each 1% = $68,832

 

Total Identified Cuts $51 million

 

* When Prop 30 passed CUSD only needed to implement $30 million of the $51 million in identified cuts. CUSD chose not to implement the $19.8 million in identified Salary Rollbacks- preserving employee salaries.

 

2013-2014 Reductions $14 million

 

With the Passage of the States New LCFF the District received $8.42 million in new funding. However, because there was no LCAP in place to ensure accountability; CUSD passed a 2013- 2014 budget without having any employment contracts in place (over 92% of the budget). Execution of 2013- 2014 employment contracts were intentionally delayed so that new LCFF money could be added to revenues. WHY? So that the COLA + "New" LCFF moneys could be combined to trigger $5.622 million in salary restorations from the 2010 teachers strike.

 

By delaying contract negotiations CUSD paid employees $5.622 million in salary restorations then started the process of identifying $13,381 in budget cuts for 2013-2014- our current school year.

 

The result:

Protected Salaries- Pensions- Benefits- for employees

Cuts to student services- Increased class sizes- cuts to programs- deferred maintenance- 3 instructional furlough days

 

Posted 18th March by Dawn Urbanek

 

 

29.    March 30, 2015 CUEA releases Tentative Agreement to it's members. CUSD did not make the tentative

agreement public until the April 22, 2015 Board of Trustees meeting - the same day that Trustees were in the district are not entitled to the to vote to accept the tentative agreement. A press release was sent out April 23, 2015

CUEA releases CUSD Response to it's members:

30.    April 22, 2015 CUSD Board of Trustees Meeting 

Capistrano Unified School District approves the 2014-15 Contract with CUEA (10 months late)

Agenda Item #4 Exhibit #23 page 4 Vote on Tentative agreement with CUEA for July 1, 2014 – June 30 2015 

The cost of the 2014-15 contract (with less than 2 months of 2014-15 school year left) was $4,084,000 and included the following:

Step & Column Salary Increases $2,695,000

Statutory Benefit Increases $23,163,795

Health and Welfare Benefit Increases $24,894,000

Salary Schedule increase of 2% Effective February 1, 2015 (so this is a retroactive pay increase)

1% off schedule collaboration payment

1 new department chair stipend at every middle school

Modify collectively bargained alternative ratio for LCFF class size purposes

Class Size Maximums:

Transitional Kindergarten: 33:1 (2013-14 and 2014-15); 32:1 (there after)

Kindergarten: 33:1

Grades 1 - 3: 32:1

Grades 4 - 5: 33:1

Grades 6 - 8: 35:1

Grades 9 - 12:  36:1

Staffing Ratios:

Transitional Kindergarten: 30.5:1

Kindergarten:   30.5:1

Grades 1 - 3: 31.5:1

Grades 4 - 5: 31.5:1

Grades 6 - 8: 32.5:1

Grades 9-12: 34.5:1

Note: At the secondary level, these maximums apply only to core academic classes (English, Math, Science, Social Studies and Foreign Language)

Note: These are average class sizes - CUSD has many individual classrooms that far exceed the stated maximum. CUSD had to hire 4 new teachers mid-year in order to avoid $1.87 million in State Penalties. CUSD did so strictly to avoid penalties and did so without regard for disruption to students.

Note: Read 8.5.1: Which gives teachers one extra full day of pay per month if class sizes are exceeded in grades 4 and 5

Note: Read 8.5.2: Which gives teachers one extra full day of pay per month if class sizes are exceeded in grades 6 - 12. Plus if the maximum class size is exceeded the teacher also gets one release day per month with pay (that means the district is paying for a sub and the teacher).

Note: Read Article 14 Wages: In addition to a 2% across the Board Salary increase, Teachers received a 1% one time Collaboration payment.

2% Salary increase + 1.056% COLA Increase + 1% Collaboration Payment = 4.056% increase in pay for 2014-15. This does not include pension and benefit increases for 2014-15.

*Note: ACE days 2013-14: 4 Ace days per month - these are your early out, or late start days that give teachers time for staff meetings and collaboration (time on campus where they are not with students) Under the new 2014-15 contracts the number of ACE days increased to 6 - 8 which will effect Instructional minutes. 

Source: April 22, 2015 CUSD Board of Trustees Meeting Agenda Item #4 Tentative Agreement CUEA/CUSD for July 1, 2014 - June 30, 2015 (Exhibit 4 page 23)

Source: 2013-14 CUSD/CUEA Contract

ACE days are on page 9 and 10 in the new contract ACE days are on Page 10 of 13

Agenda Item #5 Exhibit #5 Resolution No 1415-42 Classified Layoff Non Management

Elimination of 32.301 FTE due to a lack of funding - Note the layoff of 7 "Opportunity Assistants"

Parents and the public have been pretty vocal about class sizes that are so large they are no longer conducive to the education of students (especially younger students in grades PreK - 3 now at 32 kids per teacher).  

31.           April 23, 2015 CUSD Press Release:

32.    June 24, 2015 CUSD Board of Trustees Meeting

Agenda Item #6 2015-16 Budget Adoption Discussion/Action (Exhibit 6 Page 37)

Enrollment 48,333 

2015-16 ADA is projected to be $7,693 per pupil 

Unfunded Pension Liabilities are at $57 million

Salaries and Benefits:

CUSD is projecting 2% Salary Schedule increase for 2015-16, 2016-17 and 2017-18 and Health and Welfare Benefit Increases. Employee Compensation is projected to remain at 90+ % of CUSD's Budget.

 

The State in collusion with the Education Machine is setting the Public Up the public up to be forced to make temporary and expiring Prop 30 taxes permanent to ensure K-12 public schools will remain fiscally solvent. But, as has been demonstrated since 2007-08 the increased revenues barely cover increased employee compensation increases so funding never actually benefits students in the classroom. The result of a perpetual lack of funding for anything except employee compensation is resulting in a notable decline in the academic performance of all students across every demographic. The State of California has sufficient tax revenues to provide every student with their fundamental right to achieve a quality education. The State's failure to choose to spend money on other programs and new entitlements is a violation of Article XVI, Section 8 of the California Constitution.

Agenda Item #14 Recommendation of Interim Tentative Agreement and Memorandum of Understanding Between CUSD and Teamsters Discussion/Action (Exhibit 14 Page 683)

The purpose of this agenda item is to seek approval of an Interim Tentative Agreement and Memorandum of Understanding (MOU) between the District and the Teamsters, Local 952. With the salary adjustment contained in the Interim Tentative Agreement, the Public Disclosure of Collective Bargaining Agreement is also required and included in the exhibit. The total estimated fiscal impact of the Interim Tentative Agreement is approximately $124,000.

Note: This agreement was to give Teamsters the same 2% Salary Schedule increase and the 1% off-schedule payment that CUEA received for 2014-15.

Agenda Item #15 Recommendation of Revised Employment Agreement With Capistrano Unified Management Association, July 1, 2014 – June 30, 2015 Discussion/Action (Exhibit 15 Page 685)

The purpose of this agenda item is to seek approval of a revised Employment Agreement between the District and CUMA for salary adjustments for 2014- 2015. The total estimated fiscal impact of this salary adjustment is approximately $422,000.

Note: This agreement was to give District Administrators the same 1% off-schedule payment that CUEA received for 2014-15.

Agenda Item #16 Recommendation of Amendments to Employment Agreements – District Deputy Superintendent Business Services, July 1, 2014 – June 30, 2015 and July 1, 2015 – June 30, 2018 Discussion/Action (Exhibit 16 Page 687)

The purpose of this agenda item is to seek approval of the amendment to the Employment Agreement between the District and the Deputy Superintendent, Business Services. The total estimated fiscal impact of this salary adjustment is approximately $3,820. This agreement gave Clark Hampton the same 1% off-schedule payment that CUEA received for 2014-15.