The Capistrano Unified School District has eliminated state mandated core educational programs due to a lack of adequate funding from the State of California and is relying on fundraising and donations to provide art and music for students. Those schools that cannot rise sufficient funds through donations have no art or music programs. Relying on fundraising and donations to provide state mandated minimum curriculum violates the equal protections laws of the United States and California. Presentation to the CUSD Board of Trustees January 27, 2016 to restore district funded visual and performing arts or to declare fiscal insolvency.

1. Fundraising For Core
Educational Programs
Citizens Presentation to the Board
January 27, 2016
Dawn Urbanek

2. Under Local Control, California does Not Have A
State Mandated Minimum Curriculum
Source: htp://www.cde.ca.gov/re/cc/ccssfaqs.asp #5
“Every school in California is required to provide instruction in the subjects named
above, although physical education is the only subject that has statutorily
required minutes of instruction. The schedule of instructional day and week is
determined by the teacher and the local school and district administration.”
“While implementation of specific academic content standards is a local decision
and not specifically mandated by EC, California strongly recommends their local
use.”
January 27, 2016 Capistrano Unifed School District Board Meeting Agenda #5 at
page 7 - Slide Presentation – Fundraising For Core Educational Programs
http://capousd.ca.schoolloop.com/file/1218998819331/1262503101751/523337
0917763515617.pdf
District Response is on Page 53

5. Minimum State Mandated Curriculum
Grades 1-6 [Education Code Section 51210]
Education Code Section 51210 requires every school district in
California to provide every student in grades 1-6 with a district
funded minimum curriculum which includes a visual and
performing arts curriculum.

6. Minimum State Mandated Curriculum
Grades 7-12 [Education Code 51220]
Education Code Section 51220 requires every district in California
to provide every student in grades 7-12 with a district funded
minimum curriculum which includes a visual and performing arts
curriculum.

7. Do v. Albany Unified School District
[190 CalApp 4th (5)]
Appellate Court Case held that Education Code
Section 51210 imposes a mandatory duty on
school districts to provide every student with
the minimum curriculum required by law.

8. Every student is entitled to district
funded art and music … IT IS THE LAW!

9. Visual and Performing Arts Framework for California Public
Schools K-12 - Funding for Arts Education Programs
As school districts plan their annual budgets, they should include the arts in strategic and long-
range planning to provide consistent funding for their arts education programs. Budgets should
include staff salary, facilities, professional development, equipment and materials, curriculum
development, textbooks and other instructional materials, new media and electronic
technology, maintenance for equipment, visiting artists, and field trips to museums and
performances.

10. Districts are required to fund and provide two visual and
performing arts classes at each elementary school site
California Department of Education Visual and Performing Arts
Framework for California Public Schools K-12

11. The Capistrano Unified School District has cut art and music from it’s
curriculum, and is now relying on fundraising and donations to pay for
art and music. Those schools that are unable to fundraise have no art
and/or music.
1,327 students in grades K – 3 have no music program because parents cannot
afford to raise enough in donations.
• Concordia Elementary School – 419 students
• Crown Valley Elementary School- 219 students
• RH Dana Elementary School -194 students
• Del Obispo Elementary School – 233 students
• Hidden Hills Elementary School - 262
• Wagon Wheel Elementary School– Full Year of music in kindergarten and ½
year of music in grades 1-3
• Las Flores Elementary School- Full year of music in kindergarten, 1st and 2nd
grade and ½ year in grade 3.
• Wood Canyon has ½ year K-3 music program funded by WC Foundation

12. The following schools have no art programs, or have art
programs that are funded and taught by parent volunteers.
3,663 students in grades K – 5 have no art program because
parents cannot afford to raise enough in donations.
• Kinoshita Elementary School – 654 students - no art program
• Clarence Lobo Elementary School – 417 students - CRE8 Art Program
funded by the PTA – taught by parent volunteers.
• John Malcom Elementary School – 709 students - Art In Action funded by
the PTA taught, directed and administered by parents.
• Moulton Elementary School – 660 students - Art Smart funded by PTA,
taught by parents volunteers.
• San Juan Elementary School- 774 students - No art program
• Wood Canyon Elementary School – 449 students - No art program

13. California law requires a specially credentialed teacher to
teach art and music. [Education Code Section 44257], parent
volunteers are not credentialed teachers.

14. Relying on fundraising and donations to pay for core educational programs
creates inequities in the quality of education a student receives within the
District, and is in violation of equal protection laws:
The Equal Protection Clause of the 14th Amendment of the US Constitution
“No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any state deprive any
person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws.”
If the law requires two visual and performing arts classes at each school site
in grades 1 - 6, then every school site must have two district funded visual
and performing arts classes for every student.

15. Denying Students State Mandated
Minimum Core Curriculum violates:
• The US Constitution
• The State Constitution
• 7 Education Code Sections
• 1 Code of Regulations
• 2 CUSD Board of Trustee Bylaws
• 16 CUSD Board of Trustee Policies
The State is mandated to provide a Free and Equal education to every student so that
every student has an equal opportunity to achieve a quality education; defined 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."

16. The Equal Protection Clause of The
California Constitution
Article 1 Section 7 and Article 4 Section 16

17. The Free School Guarantee
Every student has a fundamental right to a quality education [California
Constitution Article 9 Section 1]
The State must provide a “FREE” and “EQUAL” opportunity for all students to
achieve a quality education. [California Constitution Article 9 Section 5] and
Code of Regulations Title 5 Section 350

18. Quality Education
A quality education has been 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 (1976) Cal.3d 728]

19. Bylaws of the Capistrano Unified School District Board
of Trustees are being violated
Board Policy 9000 (a) (b) Bylaw of the Capistrano Unified School District – Role of the Board Powers and
Responsibilities
The Board of Trustees' primary goal is to provide each student with an education of the highest
quality. This goal shall be the basic factor motivating the Board's execution of its powers and duties.
(cf. 0000- Philosophy, Goals, Objectives and Comprehensive Plans)
The Board is responsible for the general control and direction of education in the District and is
empowered to carry on and finance any program or activity that is not in conflict with, inconsistent
with, or preempted by law. (Education Code 35160) This broad authority shall be exercised in
accordance with the State and Federal Constitutions, laws and regulations.
Judicial Functions
The Board believes that school employees and members of the public have the right to a hearing and
resolution of grievances, complaints and criticisms. In order to maintain positive personnel and public
relations, the Board, convened, shall serve as a body of appeal for grievances, complaints and criticisms
in accordance with Board policies and negotiated employee agreements

20. Board Policy 9271 - Bylaw of the Capistrano Unified School District – Code of
Ethics
In all actions as a school Board member, the member's first commitment is to the well-
being of our youth. His/her primary responsibility is to every student in the District.
Board members also have other major commitments to:
• The Community. Each Board member is responsible to all residents of the District and
not solely to those who elected him/her; nor solely to any organization to which he/she
may belong, or which may have supported his/her election.
• Individuals. Each Board member has a direct concern for every individual in the
community. As an integral part of his/her duties, he/she represents the authority and
responsibility of government. This authority must be exercised with as much care and
concern for the least influential as for the most influential member of the community.
• Laws, Policies. Each Board member must be aware of, and comply with, the
constitutions of the State and the Nation, the Education Code of the State of
California, and other laws pertaining to public education, and the established policies
of the District.
• Encourage ideas and opinions from residents of the District and endeavor to
incorporate community views into the deliberations and decisions of the Board.
• Promote and participate actively in a concerted program of timely exchange of
information with all District residents, parents/guardians, employees and students.

21. Board Policy 0410 Philosophy- Goals – Objectives and
Comprehensive Plans
“The Governing Board is committed to equal opportunity for all individuals in
education.”
Board Policy 0420.1 Philosophy- Goals – Objectives and
Comprehensive Plans
"... it shall be the district's policy to develop management systems to support
and monitor school compliance with federal, state and District regulations...”
"Each school-Based Coordinated Plan will include .. the following State
Curriculum Frameworks …
e. Visual and Performing Arts”

22. Board Policy 1000 - Community Relations - Concepts and Roles
“School Community relations cannot merely be described as a process of
reporting and interpreting, but rather can be characterized as a partnership in
pursuit of excellence. It is a Partnership in which community members,
educators, and other school personnel perform their respective roles in
view of the best interests of schools, and most importantly, the students.”
Board Policy 1020 Community Relations – Youth Services
“Children have a right to have their physical, emotional and intellectual needs
met. The Board supports public policies which respect children by meeting
their needs. The Board will advocate for local, state and national public
policies, legislation and programs designed to provide or better coordinate
services that help children make the most of their educational
opportunities.”
The Board has a legal, moral and ethical duty to ensure that every student in
CUSD has an equal opportunity to achieve a quality education by providing
every student with a district funded visual and performing arts curriculum
as required by law.

23. Board Policy 1000 - Community Relations – Communication with
the Public
“The District encourages the dissemination of information to members of the
media, and the media representatives are encouraged to attend meetings of the
Board of Trustees.”
Despite the longest economic recovery in our nations history; despite record high revenues
at the State level, the District continues to put forth the idea that the District lacks sufficient
funding to pay for core educational programs and staffing needs. The District continues to
encourage (and budgets) one time fundraising revenues for on-going expenses like art and
music, science, class size reduction, employee compensation, staff development and
teacher release time.
Trustees have a fiduciary duty to inform the public about the State's new funding law, and
it's effect on the quality of education students receive.
The District is mandated to fund all core educational programs before giving yearly
compensation increases. If CUSD does not receive sufficient funding from the State to do so
it must file a budget with a negative certification and declare itself fiscally insolvent. The
District cannot deny students of their fundamental right to the state mandated minimum
curriculum.

24. Board Policy 1160 – Community Relations – Political Process
“As elected representatives of the people, the Governing Board believes it has
a duty to actively advocate good fiscal and public policy that impacts K-12
education. Board members are responsible for studying and articulating the
community's educational needs. This responsibility includes that of lobbying
at the state and national levels and informing members of the community
about these activities.”
Trustee's have a fiduciary duty to students and taxpayers in all matters before the
Board.
Trustees have a duty to ensure that all core educational programs are funded by the
District before employees receive any compensation increases.
Trustees have a legal duty to inform the public about the State’s new education
funding law which; by design, intentionally underfunds wealthy suburban school
districts in violation of both Federal and State laws so that the public can force change
through the election process.

25. Relying on fundraising to pay for state mandated core educational
programs creates wealth based inequities within the district that
violate equal protection laws.
Board Policy 1230 Community Relations - School Connected Organizations
“Any and all funds raised for any school or District-related activity must meet the District's
policies on student fees.”
“Under no circumstances shall school connected organizations or their individual members
hire a person to be a district employee or pay any District employee directly. Any funds
received for the purpose of funding extracurricular positions shall be paid to the District,
which will in turn hire the personnel and pay the appropriate wage or stipend.”
The Board encourages school-connected organizations to consider the impact of fundraising
activities on the overall school and District program. Funds may not be used to create
inequities in core academic programs and are meant to supplement and enrich existing
programs. Activities by school-connected organizations shall not conflict with the law,
Board policies, administrative regulations, or rules of the sponsoring school.

26. Board Policy 1321 "Community Relations - Solicitation of Funds
From and By Students."
“All Solicitations”
“Whether solicitations are made on behalf of the school or on behalf of another
charitable organization, the Board particularly desires that no student shall be made
to feel uncomfortable or pressured to provide funds. Staff is expected to emphasize
the fact that donations are always voluntary. No student shall be barred from an
activity because they did not participate in fundraising. Teachers may not solicit
donations of materials or supplies from students for credit towards their grades.”
Many PTA's offer special rewards for students who participate in fundraising
activities. This practice in itself means those students who did not participate in the
fundraising activity are excluded from the pizza party, or other reward. The PTA
should not have the right to pull students from class to participate in a special event
as a reward for participating in a fundraising activity. Such conduct violates BP 1321.

27. BP 3290 "Business and Non-Instructional Operation - Gifts,
Grants and Bequests"
“If schools wish to augment District-funded positions, it will be permissible to seek
donations from parents/guardians or private donors. Gift money will be accepted for
stipend payment for co-curricular activities but will not be accepted to pay for the
primary employment of employees.”
CUSD eliminated art and music because of a lack of funding. How can the District, in
good faith, state that it has insufficient funds to restore art and music programs for
every student, when the district has given employees substantial compensation
increases over the last three years.
Parents are being forced to fundraise for employee compensation increases.
It is the District's legal duty to fund art and music for every student. The district cannot
deny any student of their fundamental right to a quality education so that funding can
be used to substantially increase employee compensation at the expense providing
state mandated core curriculum.

28. Average teacher Compensation has increased every year during
a time when parents are being asked to fundraise for art, music,
science, class size reduction, facilities, books and supplies,
teacher release time, nurses and counselors.
Average teacher compensation:
2012-13: $ 95,673
2013-14: $105,340
2014-15: $108,392
Parents should not be asked to fundraise for employee compensation
increases. Students should not be denied art and music because their
parents cannot fundraise enough to pay such increases.

30. Average Teacher Compensation 2012-
13

31. Average Teacher Compensation 2013-
14

32. Average Teacher Compensation 2014-
15

33. Primary Music Teachers received substantial
compensation increases this year.

39. Board Policy 3291 – Business and Non-instructional Operations-
Gifts to School Personnel”
“It is the goal of Capistrano Unified School District to provide equitable and
high quality educational services and experiences to all students free of
charge. To this end, neither the district nor its employees shall expect or
accept gifts as a condition for providing educational services to any of their
students.”

40. Board Policy 5180 - Nondiscrimination
“The Governing Board shall ensure equal opportunities for all students in
admission to academic courses, guidance and counseling programs. Athletic
programs, testing procedures, vocational education and other activities.”
Failure to provide every student with a district funded visual and performing
arts curriculum is a violation of District policy and the equal protection laws
of both the State of California and the United States.

41. Board Policy 6142.6 - Instruction - Visual and Performing Arts
Education
“The State of California recognizes the visual and performing arts as a core
curriculum and has established the Visual and Performing Arts Framework for
California Public Schools, 2004 to ensure comprehensive educational
programs. A visual and performing arts education includes a sequential,
standards-based curriculum in dance, music, theater and visual arts, based
on the California Visual and Performing Arts Content Standards.”
“The Superintendent or his designee will ensure that adequate instructional
time, highly-qualified credentialed staff (as outlined in NCLB), ongoing and
content specific professional development, facilities, equipment, and
curriculum materials will be provided and support a quality arts program.
Furthermore, community arts resources will be used to enrich instruction.”

42. Board Policy 6143 - Instruction – Courses of Study
Elementary Schools
“The Governing Board recognizes that a well-articulated sequence of courses fosters
academic progress and makes the best possible use of instructional time.”
“The Board shall adopt a course of instruction which sufficiently prepares students for
the high school course of study required by state law.”
“Courses of study for Grades kindergarten through five shall include:
5. Fine Arts, including visual arts, music, drama, and dance, with emphasis on
creative expression, the development of aesthetic appreciation, and integration of
the arts with other disciplines. (cf. 6142.6 - Visual and Performing Arts)

43. Secondary Schools
The Governing Board shall adopt district wide courses of study designed to fit
student needs to conform with District graduation requirements and the
requirements for admission to California public colleges and universities.
Courses of study grades 6-12 shall include:
7. Fine arts, including visual arts, music, drama and dance, with emphasis on
development of aesthetic appreciation, creative expression, and the
integration of the arts with other disciplines.
8. Applied arts, including instruction in consumer and homemaking
education, industrial arts, general business education, or general agriculture.
9. Vocational-technical classes in a career path that prepare students for
gainful employment in occupations that meet state and community needs
and are relevant to students' career desires and needs.

44. BP 6145 "Instruction - Extracurricular and Co-curricular
Activities"
“The District shall encourage and support student participation in extra/co-
curricular activities without compromising the integrity and purpose of the
educational program.”
“The Board authorizes the Superintendent and his staff to develop
extracurricular and co-curricular activities beneficial to students of the
District.
1. The activities developed shall be of sufficient variety and number to
meet the wide range of interests and needs of pupils. They shall include, but
not be limited to:
f. School plays”
“No student shall be prohibited from participating in extra/co-curricular
activities related to the educational program because of inability to pay fees
associated with the activity.”

45. CUSD must fund a visual and performing arts curriculum for
every student. IT IS THE LAW!

46. To Comply with State and Federal Laws, Regulations
and Board Policy I am requesting that the Board do the
following:
1. Immediately provide one district funded art and music class for every
student in grades 1 – 6.
2. Amend Board Policy regarding K and Grade 6 to comply with current laws.
3. Complete an audit of all donations made to provide CUSD with the State
mandated minimum curriculum and to return illegal donations to donors to
be used for “enrichment” beyond the state mandated minimum core
curriculum.
4. Amend the CUSD 2015-16 budget to reflect the cost of funding a visual and
performing arts curriculum for all students as required by law.
5. In accordance with Board Policy 1020 and Bylaws 9000 and 9271 request
that the Board advocate for additional funding from the State on the grounds
that the State’s new education funding law violates the equal protection
clause of both California and the United States Constitutions.

47. 5. Inform the PTA that it is at risk of loosing it’s not – for
– profit status because it has transformed itself from an
“advocacy organization” to a “fundraising organization”
in violation of it’s corporate charter and bylaws. The
PTA must abide by the 3:1 rule:
http://toolkit.capta.org/?s=must+do+3+programs+for+every+1+fundraising

48. 6. Inform PTA’s, Foundations and the public that the State of California has
record high revenues of $123 billion (in 2007-08 revenues were $105 billion).
The State is choosing not to adequately fund K-12 Public Education.
The State’s new Education funding law limits K-12 per pupil funding to 2007-08 levels
+ inflation (not to be reached till 2021). By 2021 CUSD is expected to receive $8,500 in
per pupil funding.
Trustees have a duty to inform the Public that the State of California has sufficient
revenues to provide every student with sufficient funding to have all the State
mandated minimum core curriculum. The State is choosing not to spend revenues on
K-12 public education in violation of the California Constitution and State Law.
Governor Brown’s proposed 2016-17 budget is increasing per pupil funding by $3,000
per student however, if you read the LAO report, Governor Brown is not increasing the
Base Funding Grant from $6,500 to $9,500, he is simply giving one time money of
$3,000 per student. As such- Districts will not be able to restore any on-going
programs.
http://www.lao.ca.gov/.../3305/fiscal-outlook-111815.pdf
page 19 - 27

49. Supporting Documentation:
http://peopleforstudentrights.com/index.php/c
omplaint/count-16