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Health & Fitness

Are Cities Allowed to Donate Money to a Single School to Pay Certificated Teachers Salaries?

Fundraising has allowed a greater and greater percentage of CUSD's budget to be spent on salaries, pensions and benefits; with greater and greater reliance on fundraising to pay for everything else.

Every Board meeting contains an agenda item that accepts and records donations to the District. The following are some donations to CUSD that will be accepted at the Feb 22, 2014 Board Meeting which raise some interesting issues. 


The City of Aliso Viejo donated $1,000.00 to Aliso Viejo Middle School for Certificated Salaries? Are Cities allowed to use tax payer money to pay Certificated Salaries to a single school within the City? 

Canyon Vista Elementary School PTA - $6,750 on students supervisors.
 The District's adult to student ratios are pretty thin on most campuses. When wealthy schools can fundraise to pay salaries of additional supervisors then it creates inequities across our district- schools that cannot raise funds will have less adult supervision than children attending schools who are able to fundraise- this is unconstitutional. Also- because this is a PTA donation- are these supervisors being spread equally across all grades and all students? PTA fundraising money must benefit every student equally. 

Chaparrel Elementary School PTA - $37,078 on Instructional Materials and Supplies.
 Donations above $500.00 should be itemized so that Trustees know where the money is being spent. So none of the $37,078 went to Certificated Salaries? This money was used equally by all students?

Ladera Ranch Education Foundation - $10,000 on Instructional Materials and Supplies.


The Leonard Family Foundation- $235,000 on Instructional Materials and Supplies for Las Palmas Elementary School. 
For the Past Ten Years the Leonard Family has donated $225,000 and the donation has always been labeled for Class Size Reduction. Trustees need to direct staff not to use the general category "Instructional Materials and Supplies" for donations that are above $500.00. 

The City of Laguna Niguel donated $6,500.00 to Niguel Hills Middle School for After School Music Program and Radio Equipment?
 Are Cities allowed to use tax payer money to fund one school within the City? 

Ladera Ranch Education Foundation donated $10,134 Oso Grande Elementary School
 for OCDE Training and Instructional Materials and Supplies? Orange County Department of Education?

San Clemente High School PTSA donated $6,000 to San Clemente High School for Instructional Materials and Supplies.

Tesoro High School PTSA donated $2,932.92 to Tesoro High School for Instructional Materials and Supplies.

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Various Vista Del Mar Elementary School Parents donated $1,000 to Vista Del MarElementary School for Instructional Materials and Supplies.

Vista del Mar Mako Foundation donated $2,712.96 to Vista del Mar Middle School for Instructional Materials and Supplies.

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Tesoro High School PTSA donated $2,932.92 to Tesoro High School for Instructional Materials and Supplies.

Various Vista Del Mar Elementary School Parents donated $1,000 to Vista Del MarElementary School for Instructional Materials and Supplies.

Vista del Mar Mako Foundation donated $2,712.96 to Vista del Mar Middle School for Instructional Materials and Supplies.

Tesoro High School PTSA donated $2,932.92 to Tesoro High School for Instructional Materials and Supplies.

Various Vista Del Mar Elementary School Parents donated $1,000 to Vista Del MarElementary School for Instructional Materials and Supplies.

Vista del Mar Mako Foundation donated $2,712.96 to Vista del Mar Middle School for Instructional Materials and Supplies.

Various Vista Del Mar Elementary School Parents donated $1,000 to Vista Del MarElementary School for Instructional Materials and Supplies.

Vista del Mar Mako Foundation donated $2,712.96 to Vista del Mar Middle School for Instructional Materials and Supplies.

Various Vista Del Mar Elementary School Parents donated $1,000 to Vista Del MarElementary School for Instructional Materials and Supplies.

Vista del Mar Mako Foundation donated $2,712.96 to Vista del Mar Middle School for Instructional Materials and Supplies.

Why School Districts Should Not Rely On Fundraising to Pay For Core Educational Programs: 

The "FREE SCHOOL GUARANTEE" of the California Constitution

Under the law- educational activities "curricular" or "extracurricular" offered to students by school districts fall within the "Free School Guarantee" of article IX, section 5 of the California State Constitution.  Hartzell v. Connell (1984) 25 Cal.3rd 899, 201Cal.Rptr. 601: 679 P.2d 35 [L.A. No. 31701. Supreme Court of California. April 20, 1984.] 

The "Free School Guarantee" of the California Constitution requires the State of California to provide a "free and equal" education to all children no matter how wealthy or how poor. (See California Constitution Article IX, Section 5, article 1)

On September 10, 2010, The ACLU filed a class action law suit, alleging that the State of California violated their constitutional duty to provide free and equal education by failing to ensure that California public school districts do not charge fees for educational activities. The Settling Parties agreed that requiring public school students to pay fees or purchase materials for either curricular or extracurricular educational activities is prohibited by the California Constitution. (See California Constitution Article IX, Section 5, article 1, Section 7(a) & Article IV, Section 16(a); Hartzell v. Connell, 35 Cal. 3d 889 (1984))

Fundraising has allowed a greater and greater percentage of CUSD's budget to be spent on salaries, pensions and benefits; with greater and greater reliance on fundraising to pay for core educational programs.

For example, to continue Block Music and Meet the Masters (art program), my school's PTA was told to raise funds to pay for these programs or they would be eliminated. As more and more programs are cut, parents are being asked to donate more and more to schools for things that should be covered by the $50 Billion that taxpayers already give to the state of California for education.

The PTA, which is chartered as an "advocacy organization," has been turned into a "fundraising organization" with more and more time spent raising money and less time advocating on behalf of children.

Separate from the PTA as a fundraiser, parents have been asked to pay fees to participate is sports and other activities. Last year, the ACLU sued the state of California so that parents can no longer be forced to pay for books, supplies and participation in school activities, such as sports and other extracurricular activities. These "fees" were found to be illegal. A "public" school must provide the same opportunities to each student despite his parent's income or ability to pay.

Not only is the district facing $50 million in cuts, revenues from fees and fundraising will be less as a result of the ACLU lawsuit (DOE vs California). Download: Settlement agreement between state and ACLU over school fees

THE ACLU SETTLEMENT AGREEMENT

The ACLU Settlement Agreement (Page 33) specifically states that school supplies must be furnished by school districts without charge-

"California law provides "Writing and drawing paper, pens, inks, blackboards, blackboard erasers, crayons, lead pencils and other necessary supplies for the use of the schools shall be furnished under direction of the governing boards of the school districts" (Education Code section 38118). Based on this section, the Attorney General has concluded that materials and mechanical drawing sets for art classes, cloth for dressmaking classes, wood for carpentry classes, gym suits and shoes for physical education classes, bluebooks necessary for examinations, and paper on which to write a theme or report when such a theme or report is a required assignment must be furnished by school district without charge as necessary supplies. Such supplies appear to be supplies that must be available to students in order to participate in regular classroom work in the particular subjects involved."

The ACLU Setllement Agreement (Page 34) specifically states that charges may not be levied for the following:

  • A deposit in the nature of a guarantee that the district would be reimbursed for loss to the district on account of breakage, damage to, or loss of school property
  • An admission charge to an exhibit, fair, theater or similar activity for instruction or extracurricular purposes when a visit to such places is part of the district’s educational program
  • A tuition fee or charge as a condition to enrollment in any class or course of instruction, including a fee for attendance in a summer or vacation school, a registration fee, a fee for a catalog of courses, a fee for an examination in a subject, a late registration or program change fee, a fee for the issuance of a diploma or certificate, or a charge for lodging.
  • Membership fees in a student body or any student organization as a condition for enrollment or participation in athletic or other curricular or extracurricular activities sponsored by the school (ASB cards may be sold to allow discounts or free entrance to games and social events).
  • Instructional materials must be furnished without charge to elementary and high school students. Adults may be assessed a charge for books not to exceed their true cost to the district. Education Code sections 60070 and 60410.
  • Fees to enroll and/or participate in activities of career technical student organizations which are part of a career technical class or course or instruction offered for credit. Education Code section 52375.
  • Pupils shall not be charged for transportation associated with activities of career technical student organizations which are part of a career technical class or course of instruction offered for credit when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. Education Code section 52373. The exception to this is when the transportation is between the regular full time day schools that they would attend and the regular full time occupational training classes attended by them as provided by a regional occupational center or program. Education Code section 39807.5.

"DONATION" or "Cohersion"

There has been growing pressure placed on parents of CUSD students to "donate" and "fundraise" to pay for those things that they preceive to be fundamental to their childrens education. 92% of CUSD's budget currently goes to employee compensation, leaving only 8% of the Districts total budget to pay for "everything else". Building maintenance has being deferred for years, donations from parents are paying for supplies, instructional materials, art, music and science programs. Donations are now being used to buy back school librianians, councilors, nurses and instructional aids. Donations are also paying for teacher stipends, teacher release time, and staff development. In addition to the PTA as a fundraising organization, schools now have Foundations and Booster Clubs all working tirelessly to provide those things that the District is legally obligated to provide for free, under the California Constitutions "Free School Guarantee".  

The word "donation" is used by the District as a means of circumventing the true intent of the law. Parents are continuously threatened by increased class sizes and the  cancellation of programs as a means of cohercing more money from taxpayers and parents to pay for those things that are fundamental to education of their children. The never ending cry for more money- and where to get it was addressed by Chief Justice Byrd in Hartzell v. Connell, 35 Cal. 3d 928 (1984):

"To permit wealth-based inequalities in public education ¶ one of few institutions with the potential to bring rich and poor together on a nonhierarchical basis ¶ would be to disrupt the role of education in promoting social cohesion."

"To some families, the fees represent a significant expenditure (see post, fn. 4); to others, they are minimal. Hence, it is apparent that the fee program imposes disparate burdens on students according to their families' wealth."

"Admittedly, the District is operating within a difficult structure of legal constraints. The electorate has voted to reduce taxation and  expenditures, thus making it hard for local districts to maintain their accustomed levels of educational offerings. But local districts cannot alleviate the effects of taxation and expenditure limits by introducing constitutionally impermissible inequalities into public education. If the voters want higher quality education they must find a solution through the political process, either by employing the remaining permissible methods for raising revenues, or by relaxing the system of constraints.

Note: This opinion was written in 1984. Since that time, California Legislators have increase spending every year. California Schools are suffering because revenues have not been able to keep pace with the spending increases. In fact Districts have had to make deep cuts to their budget as a result of economically difficult times. Allowing Districts to enter into generous employement contracts without first complying with their constitutional obligation to pay for the basic educational needs of our children has devistated the Caliofrnia Public Education System. If Unions wanted to increase employee compensation each and every year, then the Union's should have found- "a solution through the political process, either by employing the remaining permissible methods for raising revenues, or by relaxing the system of constraints." Unions should never have been allowed to put increased compensation above the School Districts constitutional duty to provide a "Free and Equal Education" to every child. Had the State and it's Districts followed the letter of the law, spending first on the basic academic needs of the children, then considering increased compensation, CUSD would not have seen teachers salaries increase 63% over the last 12 years, leaving no money for basic supplies, music and art programs. In addition, CUSD woud not have the largest class sizes in the State of California. 

BIG EDUCATION!

Public schools are the largest item in state and local budgets. In the State of California, taxpayers allocate over 50% of the entire State budget to education (Total Budget is $104 billion dollars). In addition to what tax payers already spend on education, parents are being asked to fundraise and donate more than ever before. Relying on donations to pay for the basic educational needs of our children creates inequalities in the scope and quality of education that children receive. Schools that have a greater ability to fundraise receive more instructors, programs and supplies. 

Not all donations are being reported. What about athletic booster clubs that raise millions for football and other programs? And, the donations that are being reported are being spent on the very things that the District is obligated to supply for free under the Constitutional Free School Guarantee.

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