Monday, June 27, 2011

June 28 BOE Meeting: Approval of the Proposed Flexible Use of State Tier III Categorical Funding

SFUSD Special Order of Business, Regular Board Meeting of June 28, 2011 at 6:00 PM, 555 Franklin St.

SUBJECT: Approval of the Proposed Flexible Use of State Tier III Categorical Program Funding for Educational Purposes (click agenda for details of proposed spending)

WHEREAS: The Enacted 2009-10 California State Budget, SBX3 4, Chapter 12, Statutes of2009 and subsequently enacted trailer bill, ABX4 2 (Chapter 2/2009) authorizes school districts, charter schools, and county offices of education to use funding received from the State for any of the Tier III Categorical Programs enumerated under Education Code Section 42605 (a) for any educational purpose, to the extent permitted under federal law; and

WHEREAS: The flexibility to use funding received from said State Tier III Categorical Programs for any educational purposes is authorized for five years from Fiscal Year 2008-09 to Fiscal Year 2012-13, inclusive; and

WHEREAS: As a condition for the receipt of said State Tier III Categorical Programs funding that may be used for any educational purposes, and as a condition for transferring these funds to the General Fund, the governing board of the school district, charter school, or county office of education as appropriate, at a regularly scheduled open public hearing shall take testimony from the public, discuss, approve or disapprove, the proposed use of funding, and make explicit for each of the budget items the purposes for which the funds will be used; and

WHEREAS: The governing board of the San Francisco Unified School District and the San Francisco County Office of Education did, at a regularly scheduled open public hearing on June 14, 2011, take testimony from the public and discussed the proposed use of funding (**Well Don, at least they acknowledge that you were there. Of course, there is nothing implied or suggested that they "listened"!**); and

WHEREAS: The attached schedules of State Tier III Categorical Programs reflect the proposed use of Tier III Program funding and make explicit the purposes for which the funds will be used.

THEREFORE BE IT RESOLVED: That the Board of Education does approve the use of the flexibility provisions of the State Tier III Categorical Programs for Fiscal Year 2011-12 as permitted by the Education Code Section 42605; and

BE IT FURTHER RESOLVED: That the Board of Education does approve the proposed use of funding described in the attached Tier III Categorical Programs schedules, and has made explicit the purposes for which the funds will be used.

5 comments:

  1. This comment has been removed by the author.

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  2. The board knows they can just lie their way through the legal requirement because the CDE does not take an interest in enforcement of legislation and no one is going to file suit.

    I sent this to the commissioners and others this morning:

    From: Don Krause

    To: Hydra.Mendoza@sfusd.edu; NormanYee@sfusd.edu; rachelnorton@sfusd.edu;
    sandrafewer@sfusd.edu; Kim-ShreeMaufas@sfusd.edu; EmilyMurase@sfusd.edu;
    JillWynns@sfusd.edu; carlosgarcia@sfusd.edu; richardcarranza@sfusd.edu;
    graziolij@sfusd.edu; wongs@sfusd.edu

    Sent: Tue, June 28, 2011 10:14:47 AM

    Subject: Tier III

    Dear SFUSD Leaders,

    As you know I attended the Tier III meeting at the previous Board meeting, so I was surprised to read this portion of your resolution:

    "WHEREAS: The governing board of the San Francisco Unified School District and the San Francisco County Office of Education did, at a regularly scheduled
    open public hearing on June 14, 2011, take testimony from the public and
    discussed the proposed use of funding and..."

    Funny, I have no recollection of any discussion of proposed use at the Tier III hearing nor can I imagine that any such discussion is recorded in the minutes. I have not seen a single
    document that details the use of flex items. The spreadsheets in the agenda on pages 8 and 9 of the agenda do not specify the proposed usage.


    Can someone please explain what you are doing with funding from the flex items and why this was not discussed at a public hearing for the second year in a row
    and as required by law?

    This is just baffling. Did I overlook something? I'd like to know what SFUSD is
    going to do with all those flexed millions.

    Sincerely,

    Don Krause

    comment - This is just the way things are run now at SFUSD, ignore accountability requirements for public expenditure of funds. If they pass this resolution they will be signing their names to a false document. I was thinking of going and speaking again about this issue, but I'm not sure what good it would do. If they are willing to draft a resolution based on falsehoods, what can I do to convince them to sunshine their activities?

    In the end, SFUSD should say what they are using the money for and dumping it in the general fund is not a usage. Many expenses from the GF are not even education-related and any use not only must be stipulated, but it also must be for "educational purposes".

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  3. Don, I hope you can make it to BOE meeting tonight to raise these questions, yet again, so that their lies and falsehood (And BOE failure to act) are recorded on tape.

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  4. Once again I have copied my next email for all interested parties to see as follows:

    Re: Tier III audit problem
    From: Don Krause

    To: Hydra.Mendoza@sfusd.edu; NormanYee@sfusd.edu; rachelnorton@sfusd.edu; sandrafewer@sfusd.edu; Kim-ShreeMaufas@sfusd.edu; EmilyMurase@sfusd.edu; JillWynns@sfusd.edu; carlosgarcia@sfusd.edu; richardcarranza@sfusd.edu; graziolij@sfusd.edu; wongs@sfusd.edu
    Dear SFUSD Leaders,

    Currently there are six California school districts appealing the loss of Tier
    III funds next year as a result of violations of Ed Code last year. Tonight
    SFUSD is proposing to flex $16 million of $58 million Tier III total. Neither
    exhibits A nor B describe the proposed usage. Has SFUSD " made explicit the
    purposes" for which they are using the funding as required by law? I attended
    the hearing on June 14 and there was no discussion of it. Now you are claiming
    that you did make explicit the usage. Where is it?

    Should the independent
    auditor, Vavrinek, Trine and Day find no such proposed use was made public at
    hearing, SFUSD may find itself to be in the same position as six other districts
    are now. The possible loss of $16 million would certainly be a blow to students
    and staff and such mismanagement would be a major news issue.

    (I copied some of the resolution here)

    Sincerely,

    Don Krause

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  5. Carnac,

    I didn't go. I spent a lot of time on this issue to no avail. I'd rather stay home with my family.

    I already filed a uniform complaint for the BOE's failure to sunshine these activities last year. That's why they put on a mock hearing this year, though they didn't seem to have a clue what they were supposed to do at such a hearing.

    This creates a major dilemma. If SFUSD loses $16M as a result of their malfeasance, the kids lose $16M. Should students be punished for SFUSD's central office failings? If I contact the independent auditor they will not let the violation pass and risk their standing. It's a mess. This is what happens when incompetent people are allowed to run wild. The sooner Garcia goes the better. I hope the rumor is true.

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