DEL MAR UNION SCHOOL DISTRICT

DEL MAR UNION SCHOOL DISTRICT 

Board of Trustees 

Regular Board Meeting 

DEL MAR 

UNION SCHOOL DISTRICT 

Mission Statement 

Del Mar Union Schools provide 

a nurturing, inspiring, and 

rigorous educational program 

for each of our students. With a 

collaborative community and 

dedicated staff, we continually 

evolve to develop: 

• Well-rounded and fulfilled 

individuals 

• Motivated lifelong learners 

• Future leaders prepared 

for the challenges of a 

changing world 

We believe: 

• Every individual needs to 

be valued 

• Everyone has the right to 

be safe 

• The unique abilities of 

each child need to be 

identified and developed 

• Lifelong learning is an 

expectation for children 

and adults 

• Collaboration among 

students, staff, parents 

and community leads to 

success 

• Our children are future 

leaders 

• In honesty, integrity, and 

transparency 

www.dmusd.org 

Board of Trustees 

Kristin Gibson 

Alan Kholos 

Doug Perkins 

Doug Rafner 

Scott Wooden, Ph.D. 

Superintendent 

Holly McClurg, Ph.D. 

January 23, 2013 

Del Mar Hills Academy 

Closed Session: 4:45 p.m. 

14085 Mango Drive 

Open Session: 5:45 p.m. Del Mar, CA 92014 

Welcome to the meeting of the 

Del Mar Union School District Board of Trustees. . . 

Public Inspection of Documents 

In compliance with Government Code 54957.5, agenda-related documents 

that have been distributed to the Board less than 72 hours prior to the 

board meeting are available for inspection at the Del Mar Union School 

District, 11232 El Camino Real, San Diego, CA 92130. 

Hearing of the Public 

Persons wishing to address the Board on any item except personnel are 

invited to do so at this time. In the interest of time and order, presentations 

from the public are limited to 3 minutes per person, per topic. If you wish to 

speak, complete a card (located at the sign-in desk) and present it to the 

Secretary of the Board prior to the start of the meeting. When the Board 

President invites you to the podium, please state your name, address, and 

organization before making your presentation. 

In accordance with the Brown Act, unless an item has been placed on the 

published agenda, there shall be no action taken. The Board may (1) 

acknowledge receipt of the information, (2) refer to staff for further study; or 

(3) refer the matter to the next agenda. 

Consent Calendar 

All matters listed under Consent are those on which the Board has 

previously deliberated or which can be classified as routine items of 

business. An administrative recommendation on each item is contained in 

the agenda supplements. There will be no separate discussion of these 

items prior to the time the Board of Education votes on the motion unless 

members of the Board, staff, or public request specific items to be 

discussed or pulled from the consent items. 

To address an item on the Consent Calendar, please follow the procedure 

described under Hearing of the Public. 

Closed Session 

The Board will meet in Closed Session to consider qualified matters of 

litigation, employee negotiations, student discipline, employee grievances, 

personnel qualifications, or real estate negotiations. A report of action(s) 

taken in Closed Session will be presented as an item in the Open Session 

Agenda. 

Assistance with Meeting 

In compliance with the Americans With Disabilities Act and AB-3035, if you 

require special assistance to participate in this meeting, please contact the 

Superintendent at (858) 755-9301 at least 24 hours prior to the start of the 

meeting to enable the District to make reasonable arrangements. 

Regular Board Meeting of January 23, 2013 

1

ORGANIZATIONAL BUSINESS 

CALL TO ORDER OPEN SESSION – 4:45 P.M. 

PUBLIC INPUT CONCERNING ITEMS ON THE CLOSED SESSION AGENDA 

Adjournment into Closed Session 

Motion____Second____Ayes____Nays____ 

_________Time 

1.0 CLOSED SESSION – 4:45 P.M. 

1.1 Conference with Labor Negotiator (G.C. 54957.6) Agency Designated Representatives: 

Holly McClurg, Ph.D., Superintendent and Tim Asfazadour, Assistant Superintendent, 

Human Resources; Employee Organization: Del Mar California Teachers Association 

RECONVENE OPEN SESSION 

_________Time 

REPORT OF ACTION TAKEN IN CLOSED SESSION 

CALL TO ORDER OPEN SESSION – 5:45 P.M. 

*WELCOME / MEETING PROTOCOL REMARKS 

2.0 PLEDGE OF ALLEGIANCE 

3.0 APPROVAL OF THE AGENDA Motion____Second____Ayes____Nays____ 

TIME CERTAIN: ITEM 10.6, 5:50 P.M. 

4.0 CORRESPONDENCE/COMMUNICATIONS 

4.1 Correspondence 

4.2 Public Input 


2

5.0 REPORTS, RECOGNITIONS AND HEARINGS 

5.1 Staff Recognition 

Employees of the Month, January 2013: 

Ashley Falls – Jen Kamka, 1 st Grade Teacher 

Carmel Del Mar – Bill Porter, 5 th Grade Teacher 

Del Mar Heights – Kathy Minarik, Science Teacher 

Del Mar Hills – Erik Bienke, 5 th Grade Teacher 

Ocean Air – Jessica Morales, 6 th Grade Teacher 

Sage Canyon – Michelle Turnbull, 5 th Grade Teacher 

Sycamore Ridge – Jennifer Fletcher, Kindergarten Teacher 

Torrey Hills – Cindy Huffstutter, 6 th Grade Teacher 

Early Childhood Program – Melissa Turner, Preschool Teacher 

District Office – Tadeusz Lezak, Utility Worker 

5.2 Report 

DMCTA Report: Katrina Graupmann, DMCTA President 

5.3 Report 

DMSEF Report: Drew Isaacman, DMSEF Interim President 

5.4 Report 

PTA Presidents’ District Report: Molly Proul and Erica Halpern, Del Mar Heights 

1 

2 

3 

4 

5.5 Report 

Board Report/Comments 

5.6 Report 

Superintendent’s Report 

BOARD PRESIDENT CALLS FOR BLUE SPEAKER SLIPS 

6.0 APPROVAL OF THE MINUTES 

• Approval of the Minutes of Regular Board Meeting, December 19, 2012 5-6 

• Approval of the Minutes Special Board Meeting/Visitation, January 9, 2013 7-18 


6.1 CONSENT ITEMS 

Approval of Consent Items 

Agenda items preceded by an asterisk (*) compose the Consent Agenda, and unless removed at the 

request of a board member, will be approved by the Board as a group. 

*7.1 Board Approval, Revisions, Board Policy 1260: Educational Foundation 19-20 

*7.2 Board Approval, Revisions, Board Policy 1312.2: Complaints Concerning 21-22 

Instructional Materials 

*7.3 Board Review, Administrative Regulation 1312.2: Complaints Concerning 23-23 

Instructional Materials 

*7.4 Board Approval, Revisions, Board Policy 1312.2: Complaints Concerning 26-27 

Instructional Materials: Exhibit A 

*7.5 Board Review, Board Policy 5111: Admission 28-29 

3 

Regular Board Meeting of January 23, 2013

*7.6 Board Review, Administrative Regulation 5111: Admission 30-33 

*7.7 Board Approval, Revisions, Board Policy 1312.3: Uniform Complaint Procedure 34-37 

*7.8 Board Approval, Revisions, Administrative Regulation 1312.3: Uniform 38-46 

Complaint Procedure 

*7.9 Board Review, Administrative Regulation 1312.4: Williams Uniform Complaint 47-54 

Procedure 

*8.1 Board Approval, Del Mar Union School District’s Uniform Complaint Quarterly 57-58 

Report for October 1 – December 31, 2012 

*10.1 Board Approval, Purchase Orders and Ratification of Commercial Warrant 63-68 

Payments and Revolving Cash Disbursements 

*10.2 Board Approval and Acceptance, Donations to the Del Mar Union School 69 

District 

*10.3 Board Approval/Ratification, Site and Department Performance and Service 70 

Agreements and/or Memorandums of Understanding 

*11.1 Board Approval, Recommended Personnel Actions: Employment, 184- 

Resignations, Retirements, Dismissals, Leaves of Absence, and Change of 186 

Status 


7.0 CURRICULUM AND INSTRUCTION 

7.10 Board Presentation, Technology in Support of Learning 55 

7.11 Board Approval, School-Sponsored Field Trips 


56 

8.0 ADMINISTRATION AND POLICY 

8.2 Board Report, School Safety Measures Update 59 

8.3 Reminder of Upcoming Events 60 

8.4 Reminder of Upcoming District PTA Events 61 

9.0 OPERATIONS AND FACILITIES 

9.1 Facilities Report, January 2013 62 

10.0 BUSINESS AND FINANCE 

10.4 Board Award, Bid No. 13-02 Cisco VoIP Handsets, Associated Licensing, and 

Interface Cards to Nexus IS, Inc. as the Lowest Responsive and Responsible 

Bidder Meeting District Specifications. 


10.5 Board Approval, Memorandum of Understanding with the San Diego County 

Office of Education for Inclusion in the Procurement, Configuration and 

Implementation of a Countywide Enterprise Resource Planning Solution 


71 

72-98 


4

TIMED FOR 5:50 P.M. 

10.6 Board Review and Acceptance of the Annual Audit Report for the 2011-2012 

Fiscal Year Prepared by Wilkinson, Hadley, King & Co. Certified Public 

Accountants 


99-176 

10.7 Board Report, San Diego County Office of Education Oversight Letter 

Regarding 2012-2013 First Interim Report 

177- 

179 

10.8 Board Information, Potential 2013-2014 Budget Solutions 180- 

182 

10.9 Board Approval, Develop a Facilities Master Plan 


183 

11.0 PERSONNEL 

12.0 PRELIMINARY ITEMS FOR FEBRUARY 2013 BOARD MEETING 

• Minutes of Board Governance Workshop, January 23, 2013 

• Minutes of Regular Board Meeting, January 23, 2013 

• Minutes of Special Board Meeting/Visitation, February 6, 2013 

ADJOURNMENT OF MEETING 

Motion____Second____Ayes____Nays_____ 

_________Time 


5


1 


To: 

From: 

Board Members 

Holly McClurg, Ph.D., Superintendent 

Subject: Agenda Item 5.1: Staff Recognition - Employees of the Month, January 2013 

Jake’s Del Mar and the Pacific Sports Resort continue to support our educational program 

by honoring staff members each month who are recognized by their site or department as 

“Employee of the Month.” Thank you to Jake’s and the Pacific Sports Resort for providing 

a $40.00 gift certificate and a one-month free membership, respectively. 

Employees of the Month for January 2013 are: 

Ashley Falls 

Carmel Del Mar 

Del Mar Heights 

Del Mar Hills 

Ocean Air 

Sage Canyon 

Sycamore Ridge 

Torrey Hills 

Early Childhood Program 

District Office 

Jen Kamka, 1 st Grade Teacher 

Bill Porter, 5th Grade Teacher 

Kathy Minarik, Science Teacher 

Erik Bienke, 5 th Grade Teacher 

Jessica Morales, 6 th Grade Teacher 

Michelle Turnbull, 5 th Grade Teacher 

Jennifer Fletcher, Kindergarten Teacher 

Cindy Huffstutter, 6 th Grade Teacher 

Melissa Turner, Baby Room Teacher 

Tadeusz Lezak, Utility Worker 

RECOMMENDED: For information only. No action is required. 


Item 5.1


2 


To: 

From: 

Board Members 


Subject: Agenda Item 5.2: Board Report, Del Mar California Teachers 

Association (DMCTA) 

DMCTA President, Katrina Graupmann, will be present to give a brief report to 

the Board. 

FISCAL IMPACT: 

RECOMMENDED: 

Not applicable. 

For information only. No action required. 


5.2

3 



To: 

From: 

Subject: 

Board Members 


Agenda Item 5.3: Board Report, Del Mar Schools Education 

Foundation (DMSEF) 

The 2012/2013 DMSEF Interim President, Drew Isaacman, will provide a brief 

report on DMSEF activities to date. 


None. 

RECOMMENDED: 



Item 5.3

4 



To: 

From: 

Subject: 

Board Members 


Agenda Item 5.4: Board Report, Del Mar Schools PTA Presidents’ 

District Report. 

The 2012/2013 Del Mar Heights PTA Presidents, Molly Proul and Erica Halpern, 

will provide a brief report on district-wide PTA activities. 


None. 

RECOMMENDED: 



Item 5.4

5 


BOARD OF TRUSTEES 

Minutes of Special Board Meeting/Visitation 

Del Mar Heights 


13555 Doquita Drive 

8:30 a.m. - 10:30 a.m. San Diego, CA 92130 

Members Present: 

Members Absent: 

Administrator Present: 

Doug Rafner, President of the Board 

Alan Kholos 

Doug Perkins 


Kristin Gibson, Clerk of the Board 


BUSINESS TRANSACTED WAS LIMITED TO THE FOLLOWING: 

1. Board President Rafner called the meeting to order at 8:35 a.m. 

2. APPROVAL OF THE AGENDA 

Motion to Approve the Agenda 

Motion Wooden 

Second Perkins 

Unanimous 

(4-0-0) 

3. PUBLIC INPUT CONCERNING NON-AGENDA AND AGENDA ITEMS 

4. VISIT TO DEL MAR HEIGHTS SCHOOL 

Unapproved 

5. ADJOURNMENT 

There being no further business to come before the Board, there was a 

Motion to adjourn at 10:30 a.m. 

Motion Wooden 


Unanimous 

(4-0-0) 

Official Minutes, Special Board Meeting/Visitation • January 9, 2013 

1

6 

_______________________________ 

Kristin Gibson, Clerk 

_______________________________ 


_______________________________ 

Date 

_______________________________ 

Date 

Unapproved 

Official Minutes, Special Board Meeting/Visitation • January 9, 2013 

2

7 


BOARD OF TRUSTEES 

Minutes of Regular Board Meeting 

December 19, 2012 

Del Mar Hills Academy 

Organizational Meeting: 4:00 p.m. 14085 Mango Drive, Del Mar, CA 92014 

Closed Session: 4:15 p.m. 

Budget Workshop: 4:45 p.m. 

Regular Meeting: 5:45 p.m. 

Board President Wooden called the Regular Board Meeting to order at 4:07 p.m. 

1. CALL TO ORDER, ORGANIZATIONAL MEETING 

1.0.1 Organizational Meeting 

1.0.2 Oath of Office Administered to Board Members Doug Perkins and Alan 

Kholos by Superintendent McClurg. 

1.0.3 Election of President of the Board of Trustees 

Board Member Gibson nominated Member Rafner to serve as President of the 

Board of the Trustees. 

Member Rafner was approved as President of the Board by a majority vote. 

1.0.4 Election of Clerk of the Board of Trustees 

Board Member Perkins nominated Member Gibson to serve as Clerk of the Board 

of Trustees. 

Member Gibson was approved as Clerk of the Board by a majority vote. 

Unapproved 

1.0.5 Appointments of Board Members 

• Board Secretary Holly McClurg, Ph.D., District Superintendent, per 

Board Policy #9122 

• Member as Representative to the North Coastal Consortium for Special 

Education (NCCSE) 

Member Gibson volunteered to serve as the representative to NCCSE. 

• Member as Representative to the North City West School Facilities 

Finance Authority / CD No. 1 

Member Rafner volunteered to serve as representative to the North City West 

School Facilities Finance Authority/CD No. 1. 

Official Minutes, Regular Board Meeting • December 19, 2012 

An audio recording and a detailed description of all agenda items is available at www.dmusd.org, - Board of 

Trustees - Board Meetings. 

1

8 

• Member as Liaison Representative to the Del Mar Schools Education 

Foundation (DMSEF) 

Member Wooden volunteered to serve as representative to the DMSEF. 

• Member as Representative to the Legislative Action Network (LAN) 

Board Member Perkins and Member Kholos volunteered to serve as 

representatives to the LAN. 

Appointments were approved by a majority vote. 

1.0.6 Adoption of Dates, Time and Place of Regular Board of Trustees Meetings for 

the period of January 1, 2013 through November 30, 2013 

Motion to approve the dates, times and places of Regular Board of Trustees 

Meetings for the period of January 1, 2013 to November 30, 2013. 

Motion Rafner 

Second Gibson 

(5-0-0) Unanimous 

1.0.7 ADJOURNMENT, ORGANIZATIONAL MEETING 

Motion to Adjourn the Organizational Meeting at _4:16 p.m. 

Motion Perkins 

Second Gibson 


The Board of Trustees took a brief recess to assume their new positions on the Board. 

PUBLIC INPUT CONCERNING ITEMS ON THE CLOSED SESSION AGENDA 

• There was no input from the public. 

ADJOURN TO CLOSED SESSION 

Unapproved 

The Board adjourned to Closed Session at 4:16 p.m. 

Motion Rafner 

Second Gibson 





2

9 

2.0 CLOSED SESSION – 4:15 P.M. 

2.0 The Board met in Closed Session from 4:16 p.m. to 4:50 p.m. to discuss: 

2.1 Conference with Labor Negotiator (G.C. 54957.6) Agency Designated 

Representatives: Holly McClurg, Ph.D., Superintendent and Tim Asfazadour, 

Assistant Superintendent, Human Resources; Employee Organization: Del 

Mar California Teachers Association 

2.2 CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION 

(Subdivision (a) of Government Code Section 54956.9) 

Name of Case: McClain v. Del Mar Union School District, et al. 

Unapproved 

Case No. 37-2010-00100467-CU-WT-CTL 

RECONVENE OPEN SESSION 

The Board reconvened to Open Session at 4:50 p.m. 

Board President Rafner welcomed staff, parents and community members to the Regular Board 

Meeting of the Board of Trustees. 

REPORT OF ACTION TAKEN IN CLOSED SESSION: 

Board President Rafner reported the Board took no action in Closed Session. 

CALL TO ORDER WORKSHOP 

Board President Rafner called to order the Workshop at 4:50 p.m. 

1. Call to Order Workshop 4:50 P.M. 

2. Approval of the Agenda 

Motion Gibson 

Second Wooden 


3. Budget Workshop: Anticipated Timelines, Projections and Possible Solutions 

Superintendent McClurg opened the Budget Workshop of December 19, 2012, 

welcoming Board, Staff and participating members of the community and thanked 

them for their attendance. It is the goal of this Workshop to share as much 

information as we can and give participants the opportunity to voice ideas and input 

concerns. The input from community members, teachers, staff and parents is 

greatly valued. 




3

10 

Cathy Birks, Assistant Superintendent of Business Services presented the 

DMUSD’s current budget information, including: 

• Budget Timelines 

• Combined Salaries 

• Unrestricted Expenditures 

• Restricted Expenditures 

• 2012-2013 Expenditure Summary 

• 2012-2013 Fair Share by Program 

• Change in Ending Fund Balance 

• Multi-Year Projection 

Ms. Birks responded to clarifying questions from the Board and Workshop 

participants. 

Tim Asfazadour, Assistant Superintendent of Human Resources presented the 

following: 

• Budget-Personnel Considerations; Certificated & Classified Layoffs 

• Certificated Layoffs 

• Certificated Layoffs and State Budget Adoption Timeline 

• Certificated Layoff Proposed Timelines 

• Classified Layoffs 

• Classified Layoffs and State Budget Adoption Timeline 

• Classified layoff Proposed Timelines 

Mr. Asfazadour and Superintendent McClurg responded to clarifying questions from 

the Board and Workshop participants. 

Cathy Birks, Assistant Superintendent of Business Services presented the 

following: 

• What are Other District Doing 

• What Have We Done So Far 

• Next Steps 

Unapproved 

Staff responded to clarifying questions from the Board and Workshop participants. 

Superintendent McClurg explained that there will be a series of district budget 

meetings with community members and staff at all schools throughout January and 

February. The meeting dates will be posted on the district website. Formal 

recommendations for budget solutions will be presented to the Board at the 

February 27, 2013 Regular Board meeting. 




4

11 

4. Public Input Concerning Non-Agenda and Agenda Items 

Katrina Graupmann, DMCTA President, shared a PowerPoint presentation on 

behalf of the DMCTA, including the following: 

• What Makes DMUSD Special to Parents? 

• What Makes DMUSD Special to Administrators? 

• What Makes DMUSD Special to Teachers? 

• Collective Bargaining Agreement 

• Teacher Contributions 

• Understanding the Salary Schedule 

• Teacher Ideas for Further Cost Savings Measures 

• 2010 DMUSD Financial Task Force Recommendations for Cost Savings 

Measures 

Additional Document presented: 

• San Diego County School District Budget Priorities, 2011-12 Data – 

Elementary Districts 

The following Workshop participants shared input on the DMUSD budget 

solutions: 

• Sandy Johnson 

• Gina Williams-Vargas 

• Mary Ann Loes 

• Eric Beinke 

• Tanya Lubomandrow 

• Melissa Davis 

General discussion followed speakers. 

5. Board President Rafner adjourned the Workshop at 6:05 p.m. 

Motion 

Gibson 

Second 

Perkins 


Unapproved 

Board President Rafner called to order the Open Session of the Regular Board Meeting of 

the Del Mar Union School District, Board of Trustees, at 6:06 p.m. 

3.0 PLEDGE OF ALLEGIANCE/ROLL CALL 

Superintendent McClurg led Board members and guests in the Pledge of Allegiance. 




5

12 

ROLL CALL: 

Members Present (5): 

Doug Rafner, President of the Board 

Kristin Gibson, Clerk of the Board 

Alan Kholos 

Doug Perkins 


Administrators Present: 

Others Present: 

3.1 APPROVAL OF AGENDA 

Motion to Approve Agenda 

Motion Wooden 

Second Gibson 


Holly McClurg, Superintendent 

Tim Asfazadour, Assistant Superintendent of Human Resources 

Cathy Birks, Assistant Superintendent of Business Services 

Shelley Petersen, Assistant Superintendent of Instructional Services 

Cara Schukoske, Director of Pupil Services 

Mike Casey, Director of Technology 

Julie Geisbauer, Director of Child Care/After School Programs 

Randy Wheaton, Director of Maintenance & Operations 

Holly Palmer, Wendy Wardlow, Mary Ann Loes, Gina Williams- 

Vargas, Sandy Johnson, Katrina Graupmann, Chris Ryyan, David 

Skinner, Ana Curtz, Abby M. Farricker, Julie Karcsay, Tanya 

Lubomandrow, Kevin Cunha, Mariebelle Oliva, Kris Pike, Andrea 

Peddycord, Dina Irwin, Desiree Gutierrez, Talia Ormsby, Caitlin 

Williams, Cathie Hays, Lauren Markarian, Janie Stoke, Uma 

Krishnan, Jennifer Goldston, Maryanne Bunce, Jen Charat, Michelle, 

Donna Kuriyama, Bill Porter, Jason Bethurum, Teresa Solis, Karyn 

Conner, Caroline Draper, Cindy Crew, Erin Zoumaras, Jenny Luce, 

Christine Williams, Monica Tech, Kathryn Symington, Erin Leonard, 

Carol Faulkner, Allison Healy-Poe Kathy Zack, Andrew Smith, Hayley 

Kantner, Glenn Collins, Melissa Davis, Marium J. Gorgas, Katie 

Reamer, Genna Chapluk, Sandy Siperstein Rafner Kristin Mullin, 

Emily Grade, Kay Francis, Jodi Lack, Minnie B. DeVico, Jodi Neilson, 

Glenn Collins, Stacie Waters, Maren Paster 

Unapproved 




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13 

4.0 CORRESPONDENCE/COMMUNICATION 

4.1 Correspondence 

Superintendent McClurg report that Staff received approximately ten emails 

regarding student safety with suggestions, questions & concerns. This topic will be 

addressed by Staff during Item #8.3 Board Report, District Safety Measures. 

4.2 Public Comment (for items not on the Agenda) 

No Public Comment. 

5.0 REPORTS, RECOGNITIONS AND HEARINGS 

5.1 DMCTA Report: Katrina Graupmann, DMCTA President 

DMCTA President, Katrina Graupmann spoke regarding the recent tragedy in 

Connecticut. She expressed that teachers felt well prepared and received adequate 

guidance. 

5.2 DMSEF Report: Drew Isaacman, DMSEF Interim President 

No report. Board Member Gibson will address the DMSEF during her Board report. 

5.3 Report – Board Reports/Comments 

Member Gibson: 

• Attended CSBA and is grateful that the District encourages Board members’ 

attendance. 

• Participated in the DMSEF 5K Run and was impressed with the turnout and 

community support. 

• Attended the DMSEF meeting. DMSEF did an amazing amount of work on 

the 5K Run and they were very pleased with final numbers. Thanked Katie 

Willsey for her organization of the event. 

Member Kholos: 

• Prior to taking office, attended the CSBA Conference in November. This is the 

beginning of an educational journey to knowing how the district operates. 

• Emphasized two important values; community service and lifelong love of 

education. Commented that we teach children by demonstrating these values 

to them. 

Unapproved 

Member Perkins: 

• Participated in the DMSEF 5K run as a volunteer and was amazed to see how 

the community rallied; confident the event will grow in years ahead as a 

revenue producer. 

• Attended the San Diego Chamber of Commerce Education committee meeting 

where Dr. Ward spoke regarding educational reform. 

• Attended Sycamore Ridge Board Visitation and appreciated seeing what is 

going on in our schools. 




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14 

Member Rafner: 

• Attended CSBA Conference and appreciated the valuable programs and peer 

contact with local school Board members. 

• Attended Board Visitation to Sycamore Ridge and was able to observe 

teachers and students throughout the learning process. 

• Noticed that there are gates and fences at Ashley falls when picking child up. 

We are better prepared as a school district than many others. 

• Appreciated the quick action of the Superintendent in sending and responding 

to emails, and in putting the item of Safety on agenda. 

Member Wooden: 

• Commented on the event in Connecticut and remarked that, as a parent and 

school Board member, it would be devastating. Expressed condolences to 

those in Connecticut going through this event. 

• Attended CSBA Conference and appreciated the information received there. 

• Commented on the possibility of an MOU between PTA & DMSEF. 

• Shared views expressed at the CSBA Conference regarding the passing of 

Proposition 30. 

• Attended the Sycamore Ridge Board Visitation and agreed that professional 

development for the teachers is useful and helpful. 

• Attended and enjoyed the Ocean Air Winter Concert. 

5.4 Report – Superintendent’s Report 

• Superintendent McClurg reported that student safety is our highest priority. 

Parents trust us with their children and Staff understands the importance of 

ensuring that all students are safe. Thanked Leadership, teachers and Board 

members for their actions and diligence after December 14, 2012 tragedy in 

Connecticut. 

• Attended the DMSEF 5K Run with her family and thanked Katie Willsey and her 

team for a well-organized event. 

• Attended CSBA Conference and the Golden Bell Luncheon where the DMUSD 

Early Childhood Program was awarded with Golden Bell, accepted by Cara 

Schukoske and Marisa Tirri, thanking Cara, Marisa and Julie Geisbauer, Director 

of Early Childhood and After School Programs. 

• Congratulated Doug Rafner for his Board selection as the 2013 Board President. 

• Congratulated Kristin Gibson for her Board selection as the 2013 Board Clerk. 

• Welcomed the newest Board member, Alan Kholos to the Board, & re-elected 

Board member, Doug Perkins to his next term in office. 

• Presented thank you gifts to Scott Wooden, 2012 Board President & Comischell 

Rodriguez (not present), 2012 Board Clerk, for the outstanding jobs they did in 

office throughout the year. 

• Attended Sycamore Ridge Board Visitation and spoke about the quality of 

teachers in the Del Mar Union School District. Observed the spectacular teachers 

in classrooms and appreciated that DMUSD has the “best of the best.” 

• Wished happy holidays to the Board, Staff and Community and wished everyone 

a restful break. 

Unapproved 




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15 

6.0 APPROVAL OF MINUTES 

Motion to approve Minutes of the following Board Meetings: 

• Minutes of Special Board Visitation, November 14, 2012 

• Minutes of Regular Board Meeting, November 14, 2012 

• Minutes of Board Workshop, November 26, 2012 

• Minutes of Special Board Visitation, December 5, 2012 

• Minutes of Special Board Meeting, December 12, 2012 

Motion 

Second 

Gibson 

Perkins 

(4-0-1) (Member Kholos abstained) 

BOARD PRESIDENT RAFNER CALLED FOR BLUE SPEAKER SLIPS 

6.1 APPROVAL OF CONSENT ITEMS 

*10.2 Board Approval and Acceptance of Donations to the Del Mar Union School 

District 

*10.3 Board Action to Declare District Personal Property as Obsolete and 

Surplus and to Dispose of or Donate per Education Code 17546(a)(b)(c) 

*10.4 Board Approval/Ratification of Site and Department Performance 

Agreements and/or Memorandums of Understanding 

*10.5 Board Approval, Standard Business Mileage Rate of 56.5 Cents Per Mile, 

Effective January 1, 2013 

*10.6 Board Approval of Telecommunication and Local and Long Distance 

Services Agreement. 

*11.1 Board Approval of Recommended Personnel Actions: Employment, 

Resignations, Retirements, Dismissals, Leaves of Absence, and Change of 

Status 

*10.1 Pulled from Consent Items 

Unapproved 

Motion to approve Consent Items *10.2 - *10.6 and *11.1 

Motion Wooden 

Second Gibson 





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7.0 CURRICULUM & INSTRUCTION 

7.1 Board Approval, School-Sponsored Field Trip 

Shelley Petersen, Assistant Superintendent, Instructional Services 

Staff responded to clarifying questions by the Board. 

Motion to approve School Sponsored Field Trip 

Motion Wooden 



7.2 Board Approval, 2012-2013 Single Plans for Student Achievement and Site 

Strategic Plans 

Shelley Petersen, Assistant Superintendent, Instructional Services presented the 

2012-2013 Single Plans for Student Achievement and Site Strategic Plans. The 

2012-2013 Single Plan for Student Achievement and Site Strategic Plans can be 

found on the district website. Staff responded to clarifying questions by the Board. 

Motion to approve 2012-2013 Single Plans for Student Achievement and Site 

Strategic Plans 

Motion Wooden 

Second Gibson 


8.0 ADMINISTRATION AND POLICY 

8.1 Recommendation to Consider Nominations for the California School Boards 

Association (CSBA) Delegate Assembly 

Recommended Nomination for the California School Boards Association (CSBA) 

Delegate Assembly, as follows: 

Unapproved 

Del Mar Union School District, Scott Wooden 

8.2 Board Approval, Revisions, Board Policy 5030: Student Wellness 

Cara Schukoske, Director of Pupil Services, presented revisions to Board Policy 

5030: Student Wellness. 

Motion to approve Revisions, Board Policy 5030: Student Wellness 

Motion Gibson 






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17 

8.3 Board Report, District Safety Measures 

Superintendent McClurg reported on the District safety measures that are in place 

and gave a brief overview of what has been done as a team. The focus in the District 

has been on: 

• Reassurance to Children 

• Communication 

• Safety Procedures 

Staff has been responsive and proactive regarding communication, including 

numerous emails to parents, principals, teachers, and staff. Superintendent McClurg 

reaffirmed the safety of our children is the highest priority. 

During the past few days there have been several meetings, including Cabinet and 

District Leadership team regarding safety. Staff recommends that a safety expert be 

consulted to evaluate the district’s current safety measures. 

Member Gibson shared that she attended Sandy Hook Elementary for her second 

and third grade school years. The tragedy at Sandy is personal to her and she will be 

sending a letter of condolence on district letterhead and will sign it on behalf of Board. 

Staff shared information regarding current safety measures and provided information 

regarding the Incident Command School Emergency Response Guide, monthly drills 

at all schools, in depth training program for drills to ensure that staff understands 

procedures and rules 

The Board discussed the possibility of sending the memorandum from the Brady 

campaign and that will be addressed in the assessment from the safety expert. All 

Board members provided input regarding school safety and discussed the District’s 

safety measures. Superintendent McClurg will have additional information at the next 

Board meeting regarding District safety measures. 

8.4 Reminder of Upcoming Events 

(Presented for information only.) 

Unapproved 

8.5 Reminder of Upcoming PTA Events 

(Presented for information only.) 

9.0 OPERATIONS AND FACILITIES 




11

18 

10.0 BUSINESS AND FINANCE 

*10.1 Board Approval of Purchase Orders and Ratification of Commercial 

Warrant Payments and Revolving Cash Disbursements 

Assistant Superintendent Cathy Birks responded to clarifying questions 

from the Board. 

Motion to approve Purchase Orders and Ratification of Commercial 

Warrant Payments and Revolving Cash Disbursements 

Motion Perkins 

Second Gibson 

(4-0-1) (Member Kholos Abstained) 

11.0 PERSONNEL 

12.0 PRELIMINARY ITEMS FOR JANUARY, 2013 BOARD MEETING 

• Minutes of Regular Board Meeting of December 19, 2012 

• Minutes of Special/Visitation Board Meeting of January 9, 2013 

• Board Presentation: Professional Development and Technology 

• MITI Resolution 

• Update on Timeline of School Safety 

• Budget Update 

There being no further business to come before the Board, there was a 

Motion to Adjourn at 7:07 p.m. 

Motion 

Second 

Kholos 

Gibson 


Unapproved 

________________________________ 

Kristin Gibson, Clerk of the Board of Trustees 

_______________________________ 

Date 

______________________________ 

Holly McClurg, Superintendent 

_______________________________ 

Date 




12


19 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.1: Board Approval, Revisions, Board Policy 1260: 

Educational Foundation 

Staff completes a periodic review of existing Governing Board Policies and 

Administrative Regulations in order to insure that they remain up-to-date and 

continue to meet the needs of the district. It is recommended that the Board adopt 

the revisions to Board Policy 1260: Educational Foundation. 


RECOMMENDED: 

Cost – None 

Program or Department – 

Is this a Restricted Program? No 

Was this expenditure anticipated in the adopted 

budget? Not Applicable 

Will this Program or Department be over budget after 

this expenditure? No 

The Superintendent recommends approval of the revisions 

to Board Policy 1260: Educational Foundation. 


*7.1

Board Policy 1260 

20 


COMMUNITY RELATIONS 

BOARD POLICY 1260: EDUCATIONAL FOUNDATION 

Because demands on the educational system exceed available public funding, the 

Governing Board recognizes that members of the community are often willing to 

make voluntary contributions that will provide needed additional funds for the 

school district. The Governing Board recognizes the importance of community 

support of district programs, including voluntary financial contributions, to assist the 

district in achieving its goals for student learning. 

The Board desires to work cooperatively with the educational foundation, and 

recognizes that an educational foundation is a separate legal entity, independent of the 

district. The Board therefore approves of and encourages the creation of an 

independent educational foundation to actively raise funds that will enhance educational 

opportunities for our students which are in alignment with the district’s Strategic Plan. 

The foundation is encouraged to provide regular reports to the Board on the status of 

its work and to communicate ways the district can help support the foundation’s 

activities. The Board supports foundation allocations that serve all district schools 

equitably. 

Legal Reference: 

EDUCATION CODE 

38130-38138 Civic Center Act, use of school property for public purposes 

BUSINESS AND PROFESSIONS CODE 

12580-12599.7 Fundraisers for Charitable Purposes Act 

17510-17510.95 Solicitations for charitable purposes 

25608 Alcohol on school property; use in connection with instruction 

PENAL CODE 

319-329 Lottery, raffle 

CODE OF REGULATIONS, TITLE 11 

300-312.1 Fundraising for charitable purposes 

COURT DECISIONS 

Serrano v. Priest (1976) 18 Cal. 3d 728 

Management Resources: 

WEB SITES 

CSBA: http://www.csba.org 

California Consortium of Education Foundations: http://www.cceflink.org 

California Office of the Attorney General, charitable trust registry: 

http://caag.state.ca.us/charities 

Board Policy 1260 - 1 st Reading for the Board of Trustees: November 16, 2005 

2nd Reading and Approval by the Board of Trustees: December 14, 2005


21 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.2: Board Approval, Revisions, Board Policy 

1312.2: Complaints Concerning Instructional Materials 




the revisions to Board Policy 1312.2: Complaints Concerning Instructional 

Materials. 


Cost – None 







RECOMMENDED: The Superintendent recommends approval of the revisions 

to Board Policy 1312.2: Complaints Concerning 

Instructional Materials. 


*7.2

Board Policy/Administrative Regulation/Exhibits 1312.2 



22 

BOARD POLICY 1312.2: 

COMPLAINTS CONCERNING INSTRUCTIONAL MATERIALS 

The Governing Board takes great care in the adoption of instructional materials and is 

aware that all adopted materials may not be acceptable to all students, their 

parents/guardians or other district residents. 

The Superintendent or designee shall establish procedures which will permit proper 

consideration of any complaints against the use of any instructional materials, including 

textbooks, supplementary textbooks, library books, and other instructional materials and 

equipment. 

The Board believes the Superintendent and staff are well qualified to consider complaints 

concerning instructional materials. Complainants are advised to consider and accept the 

Superintendent or designee's decision as final. However, if the complainant finds the 

decision of the Superintendent or designee unsatisfactory, he/she may request that the 

matter be placed on the agenda of a regular Board meeting. 

The Board's decision in any such case will be based on educational suitability and will 

not be influenced by a desire to suppress information or deny students access to ideas 

with which the Board disagrees. 

Complaints related to sufficiency of textbooks or instructional materials shall be 

resolved pursuant to the districtʼs Williams uniform complaint procedure (AR 1312.4) 



18111 Exclusion of books by governing board 

35010 Control of district; prescription and enforcement of rules 

35186 Williams Uniform Complaint Procedures 

44805 Enforcement of course of studies; use of textbooks, rules and regulations 

51501 Subject matter reflecting on race, color, etc. 

60000-60005 Instructional materials, legislative intent 

60040-60048 Instructional requirements and materials 

60119 Public hearing on sufficiency of materials 

60200-60206 Elementary school materials 

60226 Requirements for publishers and manufacturers 

60400-60411 High school textbooks 

60510-60511 Donation of sale of obsolete instructional materials 


CALIFORNIA DEPARTMENT OF EDUCATION PROGRAM ADVISORIES 

1002.90 Selection of Instructional Materials, CIL: 90/91-02 

CALIFORNIA DEPARTMENT OF EDUCATION PUBLICATIONS 

Standards for Evaluation of Instructional Materials with Respect to Social Content, 1986 edition, 

revised 2001 

WEB SITES 


California Department of Education, Curriculum and Instruction: http://www.cde.ca.gov/ci 

Board Policy/Administrative Regulation 1312.2 (replacing B.P. 1003 approved March 8, 1995) 

1 st Reading of B.P./A.R. 1312.2 for the Board of Trustees: November 16, 2005 



23 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.3: Board Review, Administrative Regulation 

1312.2: Complaints Concerning Instructional Materials 



continue to meet the needs of the district. It is recommended that the Board accept 

the review of Administrative Regulation 1312.2: Complaints Concerning 

Instructional Materials. 


Cost – None 







RECOMMENDED: Review only. No recommendation for change. 


*7.3


24 



ADMINISTRATIVE REGULATION TO BOARD POLICY 1312.2: 


Complaints concerning instructional materials will be accepted only from staff, district 

residents, or the parents/guardians of children enrolled in a district school. 

Complaints must be presented in writing to the principal. Complaints regarding printed 

material must name the author, title and publisher, and identify the objection by page and 

item numbers. In the case of non-printed material, written information specifying the 

precise nature of the objection shall be given. The statement must be signed and 

identified in such a way that a proper reply will be possible. 

Individual students may be excused from using challenged materials after the 

parent/guardian has presented a written complaint. The teacher will then assign the 

student alternate materials of equal merit. Use of the materials by a class, school or the 

district, however, shall not be restricted until so directed by the Superintendent or 

designee. 

Upon receiving a complaint, the principal will acknowledge its receipt and answer any 

questions regarding procedure. The principal will then notify the Superintendent or 

designee and the teacher(s) involved of the complaint. The Superintendent or designee 

will determine whether the complaint should be considered on an individual basis or 

whether a review committee should be convened. 

The use of challenged materials by class, school or district shall not be restricted until 

final disposition has been made by the appropriate review committee. 

A review committee may be formed under the direction of the Superintendent or 

designee. It shall be composed of the principal and five or more staff members selected 

by the Superintendent or designee from relevant administrative and instructional areas. 

In deliberating challenged materials, the review committee shall consider the educational 

philosophy of the district; the professional opinions of other teachers of the subject and of 

other competent authorities; reviews of the materials by reputable bodies; the teacher's 

stated objectives in using the materials; and the objections of the complainant. 

The review committee shall determine the extent to which the challenged material 

supports the curriculum, the educational appropriateness of the material, and its 

suitability for the age level of the student. 

Within 30 days of being convened, the review committee shall summarize its findings in 

a written report and submit it to the Superintendent or designee for final action. The 





Superintendent or designee shall notify the complainant of his/her decision no later than 

60 days after the complaint was filed. 

25 

The report of the review committee together with the Superintendent or designee's 

recommendation may be brought to the Governing Board for consideration and final 

decision. 

When any challenged instructional material is reviewed by the district, it shall not be 

subject to any additional reconsideration for 12 months. 

County or State-Adopted Material 

If the challenged material has been adopted by the County Board of Education, the 

Superintendent or designee may forward the complaint, without action, to the office of 

the County Superintendent of Schools for reevaluation and decision. 

If the questioned material has been adopted by the State of California, the Superintendent 

or designee may forward the complaint, without action, to the California Department of 

Education for reevaluation and decision. 





26 


To: 

From: 

Through: 

Board Members 




1312.2: Complaints Concerning Instructional Materials: Exhibit A 




the revisions to Board Policy 1312.2: Complaints Concerning Instructional 

Materials: Exhibit A. 


Cost – None 








to Board Policy 1312.2: Complaints Concerning 

Instructional Materials: Exhibit A. 


*7.4




Exhibit A 

27 

CITIZEN'S REQUEST FOR RECONSIDERATION 

OF INSTRUCTIONAL MATERIALS 

Date: 

Title: 

Author: 

Publisher: 

Request received by: 

Citizen's Name: 

Citizen Represents: Himself/Herself: 

Date of Edition: 

Title: 

Phone: 

Organization or Group: 

1. To what do you object? (Please be specific: cite pages, tape sequence, video frame, and 

words) 

2. What do you feel would be the result of reading/viewing this material? 

3. For what age group would you recommend this material? 

4. Did you read/view the entire selection? 

5. If not, what percentage did you read/view, or what parts? 

6. Is there anything good about this material? 

7. What would you like the school to do about this material? 

Do not assign it to my child. 

Withdraw it from all students. 

Re-evaluate it. 

8. Are you aware of how this work has been assessed by literary critics? 

9. What do you believe is the thesis of this work? 

10. In its place, what work would you recommend? 

Signature of citizen 

Action taken: 

Date: 





28 


To: 

From: 

Through: 

Subject: 

Board Members 



Agenda Item *7.5: Board Review, Board Policy 5111: Admission 




the review of Board Policy 5111: Admission. 


Cost – None 







RECOMMENDED: Policy review only. No Recommendation for change. 


*7.5

Board Policy/Administrative Regulation 5111 

29 


STUDENTS 

BOARD POLICY 5111: 

ADMISSION 

The Governing Board of the Del Mar Union School District encourages the enrollment 

and appropriate placement of all school-aged children in school. The Superintendent or 

designee shall inform parent(s) or guardian(s) of students entering a district school at any 

grade level about admission requirements and shall assist them with enrollment 

procedures. 

The superintendent or designee shall verify the student's age, residency, and any other 

admission criteria specified in law and in Board policies and administrative regulations. 

All resident students who are enrolling either in the school in their attendance area or in 

another district school shall be subject to the timelines established by the Board in BP/AR 

5116.1 - Intradistrict Open Enrollment. Nonresident students may apply for interdistrict 

attendance in accordance with the timelines specified in applicable Board policies and 

administrative regulations. 



46600 Agreements for admission of pupils desiring interdistrict attendance 

48000 Minimum age of admission (kindergarten) 

48002 Evidence of minimum age required to enter kindergarten or first grade 

48010 Minimum age of admission (first grade) 

48011 Admission from kindergarten or other school; minimum age 

48050-48053 Nonresidents 

48200 Children between ages of 6 and 18 years (compulsory full-time education) 

48211 Habits and disease 

49076 Access to records by persons without written consent or under judicial order 

49408 Information of use in emergencies 

HEALTH AND SAFETY CODE 

120325-120380 Education and child care facility immunization requirements 

121475-121520 Tuberculosis tests for pupils 


200 Promotion from kindergarten to first grade 

201 Admission to high school 


6000-6075 School attendance immunization requirements 

UNITED STATES CODE, TITLE 20 

11431-11435 McKinney Homeless Assistance Act 


CDE MANAGEMENT ADVISORIES 

0900.90 Changes in law concerning eligibility for admission to kindergarten 

Board Policy/Administrative Regulation 5111 Approved by the Board of Trustees: March 23, 

2005; Approved by the Board of Trustees: May 24, 2006; Approved with Revisions by the Board 

of Trustees: March 21, 2007 Approved with revisions by the Board of Trustees: April 25, 2012


30 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.6: Board Review, Administrative Regulation 5111: 

Admission 




the review of Administrative Regulation 5111: Admission. 


RECOMMENDED: 

Cost – None 







Review only. No Recommendation for change. 


*7.6


31 


STUDENTS 

ADMINISTRATIVE REGULATION TO BOARD POLICY 5111: ADMISSION 

Age of Admission 

Proof of age shall be required of all enrolling students. The legal evidences of age, in 

order of desirability, are a certified copy of a birth certificate, baptism certificate, 

passport, immigration certificate, or affidavit from the parent(s) or guardian(s). 

Entrance Age Requirements 

Kindergarten 

A child shall be admitted to a kindergarten maintained by the school district at the 

beginning of a school year, or at a later time in the same year if the child will have his/her 

fifth birthday on or before one of the following dates: 

(1) November 1 of the 2012-2013 school year. 

(2) October 1 of the 2013-2014 school year. 

(3) September 1 of the 2014-2015 school year and each year thereafter. 

First Grade 

A child shall be admitted to a first grade maintained by the school district if the child will 

have his/her sixth birthday on or before one of the following dates: 

(1) November 1 of the 2012-2013 school year. 

(2) October 1 of the 2013-2014 school year. 

(3) September 1 of the 2014-2015 school year and each year thereafter. 

A child who has completed a year of kindergarten maintained by a private or public 

school shall be admitted to first grade unless the parents and the school district agree that 

the child may continue in kindergarten for not more than an additional school year. 

(Education Code 48011) 

Grades 1 – 6 

When a child has been legally enrolled in the public schools of another district within or 

out of state, he/she may be enrolled in school and placed in the grade attained in the 





32 

former school. The parent(s) or guardian(s) should be advised that the principal may 

adjust grade placement at a later date if conditions warrant. When adjustments are 

necessary, the parent/guardian is informed and a parent conference generally is arranged 

by the principal. 

Early Entrance to Kindergarten 

A child who turns five after the cut-off date for that school year may also be admitted to 

kindergarten by the Superintendent’s designee when it is in the best interest of the child. 

Procedure for Early Entrance to Kindergarten 

1. Parent(s) or guardian(s) of a potential early entry pupil may submit a petition for 

entry to the Superintendent’s designee. 

2. Superintendent’s designee will review the petition to determine space availability. 

The parent will be advised of: (1) the advantages and disadvantages of early 

school entrance, (2) the location of available classes. 

3. Parent(s) will be required to provide evidence that the child has attained a level of 

readiness mentally, socially, and developmentally which will allow him/her to 

successfully complete the full kindergarten program during that school year, 

including the mastery of minimum competencies in math, language arts, and 

reading. 

4. After receipt of the evidence provided by the parent(s), the Superintendent’s 

designee shall review and approve or disapprove the petition for early entrance 

and notify the parents or guardian of his/her recommendations and review the 

appeal procedure. 

Early Entrance to First Grade 

A child who has been lawfully admitted to kindergarten may be placed in the first grade 

at the discretion of the Superintendent’s designee if the child is ready for first grade work. 

Procedure for Early Entrance to First Grade 

The Superintendent’s designee shall investigate a proposed placement in first grade to 

ensure that the following State Board of Education criteria, pursuant to Title 5, Section 

200: 

1. The child is at least five years of age. 

2. The child has attended a public school kindergarten for a long enough time to 

enable school personnel to evaluate the child’s ability. 

3. The child is in the upper 5 percent of the child’s age group in terms of general 

mental ability. 





33 

4. The physical development and social maturity of the child are consistent with the 

child’s advanced mental ability. 

5. The parent or guardian has filed a written statement with the district that approves 

placement in first grade. 

Appeal Procedure 

The parent(s) or guardian(s) has the right to appeal the decision to the District 

Superintendent. The appeal must be filed in the Superintendent’s office within fifteen 

(15) calendar days after receiving notification of disapproval. Within ten (10) days of 

receipt of the appeal, a meeting with the Superintendent and parent(s) will be held. 

Superintendent will make the final decision within five (5) days. 





34 


To: 

From: 

Through: 

Board Members 




1312.3: Uniform Complaint Procedure 




the revisions to Board Policy 1312.3: Uniform Complaint Procedure. 


Cost – None 








to Board Policy 1312.3: Uniform Complaint Procedure. 


*7.7

Board Policy/Administrative Regulation 1312.3 

35 



BOARD POLICY 1312.3: UNIFORM COMPLAINT PROCEDURE 

Purpose and Scope: 

The Board of Trustees (“Board”) Governing Board recognizes that the District is 

primarily responsible for complying with applicable state and federal laws and 

regulations governing educational programs. The District shall investigate complaints 

alleging failure to comply with applicable state and federal laws and regulations and/or 

alleging discrimination, and seek to resolve those complaints in accordance with 

procedures set out in sections 4600-4687 of the Title 5 California Code of Regulations 

and in accordance with the policies and procedures of the Governing Board. The District 

shall follow uniform complaint procedures when addressing complaints alleging unlawful 

discrimination against any protected group as identified under Education Code 200 and 

220 and Government Code 11135, including actual or perceived sex, sexual orientation, 

gender, gender identity or expression, genetic information, ethnic group identification, 

race, ancestry, national origin, religion, color, or mental or physical disability, or age, or 

on the basis of a person’s association with a person or group with one or more of these 

actual or perceived characteristics in any program or activity that receives or benefits 

from state financial assistance. The District shall also use uniform complaint procedures 

when addressing complaints alleging failure to comply with state and/or federal laws, 

consolidated categorical aid programs, child care and development programs, child 

nutrition programs, special education programs, and federal school safety planning 

requirements. 

The Board clarifies that these same uniform complaint procedures may be used to file 

complaints with the District or to appeal District decisions which concern unlawful 

discrimination under the following federal/state laws: Section 504 or the Rehabilitation 

Act of 1973 or Title II of the Americans with Disabilities Act of 1990 (ADA) for the 

charges of discrimination based on mental or physical disability; Title IX of the 

Education Amendments of 1972 charges of discrimination/harassment based on sex 

including charges of sexual harassment; and Title VI of the Education Amendments of 

1964 for charges of discrimination based on race, color, or national origin. Title 5, 

California Code of Regulations, Section 4900, et, seq. includes sexual identification, 

gender identity, ethnic identification, and ancestry. 

Complaints related to sufficiency of textbooks or instructional materials, emergency or 

urgent facilities conditions that pose a threat to the health or safety of students or staff, 

and teacher vacancies and misassignments shall be investigated pursuant to the district’s 

Williams uniform complaint procedure (AR 1312.4) 

Board Policy 1312.3 (was B.P. 6006 last revised by the Board: December 15, 2004) 

Date B.P. 1312.3 reviewed by the Board of Trustees: November 16, 2005 

2nd Reading and Approval by the Board of Trustees: December 14, 2005 

Approved by the Board of Trustees with Revisions: June 24, 2009 

Approved by the Board of Trustees with Revisions: March 23, 2011


36 

The Board encourages the early, informal resolution of complaints at the site level 

whenever possible. 

The Board acknowledges and respects student and employee rights to privacy under the 

law. Discrimination complaints shall be investigated in a manner that protects the 

confidentiality of the parties and the facts as required by law. This includes keeping the 

identity of the complainant confidential except to the extent necessary to carry out the 

investigation or proceedings, as determined by the Superintendent or designee on a caseby-case 

basis, or as required by law. 

The Board prohibits unlawful retaliation in any form for participation in the uniform 

complaint procedures, including but not limited to the filing of a complaint or the 

reporting of instances of discrimination. Such participation shall not in any way affect 

the status, grades or work assignments of the complainant. 



200-262.3 Prohibition of discrimination 

8200-8498 Child care and development programs 

8500-8538 Adult basic education 

18100-18172 School libraries 

32289 School safety plan, uniform complaint procedure 

35186 Alternative uniform complaint procedure 

48985 Notices in language other than English 

49060-49079 Student records 

49490-49590 Child nutrition programs 

52160-52178 Bilingual education programs 

52300-52499.6 Vocational education 

52500-52616.24 Adult schools 

52800-52870 School-based coordinated programs 

54000-54041 Economic impact aid programs 

54100-54145 Miller-Unruh Basic Reading Act 

54400-54425 Compensatory education programs 

54440-54445 Migrant education 

54460-54529 Compensatory education programs 

56000-56885 Special education programs 

59000-59300 Special schools and centers 

62000-62005.5 Evaluation and sunsetting of programs 

64000-64001 Consolidated application process 

GOVERNMENT CODE 

11135 Nondiscrimination in programs or activities funded by state 

12900-12996 Fair Employment and Housing Act 


3080 Application of section 

4600-4671 Uniform complaint procedures 

4900-4965 Nondiscrimination in elementary and secondary education programs 

PENAL CODE 

422.6 Interference with constitutional right or privilege 







37 

UNITED STATES CODE, TITLE 20 

6301-6577 Title I Basic Programs 

6601-6777 Title II Preparing and Recruiting High Quality Teachers and Principals 

6801-6871 Title III, Language instruction for limited English proficient and immigrant students 

7101-7184 Safe and Drug-Free Schools and Communities Act, including 

7114 Local educational program, safety plans 

7201-7283g Title V Promoting Informed Parental Choice and Innovative Programs 

7301- 7372 Title VI Rural and Low-Income School Programs 


WEB SITES 


California Department of Education: http://www.cde.ca.gov 

U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/about/offices/list/ocr 







38 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.8: Board Approval, Revisions, Administrative 

Regulation 1312.3: Uniform Complaint Procedure 




the revisions to Administrative Regulation 1312.3: Uniform Complaint Procedure. 


Cost – None 








to Administrative Regulation 1312.3: Uniform Complaint 

Procedure. 


*7.8



ADMINISTRATIVE REGULATION 


ADMINISTRATIVE REGULATION 1312.3: UNIFORM COMPLAINT PROCEDURE 

Designation of Person to Receive Complaints 

The Governing Board designated the following compliance officer(s) to receive and 

investigate complaints and to ensure District compliance with the law: 

Superintendent of Schools 

11232 El Camino Real 

San Diego, CA 92130 

The compliance officer shall ensure that employees designated to investigate such 

complaints are knowledgeable about the laws and programs for which they are 

responsible. 

For complaints concerning insufficiency of instructional materials, emergency or urgent 

facility conditions, and/or teacher vacancy or misassignment issues, the complaint shall 

be filed with the school principal or his or her designee at the school site where the 

complaint arises. 

Notifications 

The Superintendent or designee shall annually provide written notification of the 

district’s uniform complaint procedures to students, employees, parents/guardians of its 

students, school and district advisory committees, appropriate private school officials or 

representatives, and other interested parties. 

The compliance officer shall meet the notification requirements of California Code of 

Regulations, Title 5, Section 4622, and all other applicable law, including the annual 

dissemination of District complaint procedures and information about available appeals, 

civil law remedies and conditions under which a complaint may be taken directly to the 

State Department of Education. 

The Superintendent or designee shall make available copies of the district’s uniform 

complaint procedures free of charge. 

The notice shall: 







40 

The notice shall: 

1. Identify the person(s), position(s), or unit(s) responsible for receiving complaints. 

2. Advise the complainant of any civil law remedies that may be available to 

him/her under state or federal discrimination laws, if applicable. 

3. Advise complainant of the appeal process pursuant to Education Code 262.3, 

including the complainant’s right to take a complaint directly to the California 

Department of Education (CDE) or to pursue remedies before civil courts or other 

public agencies. 

4. Include statements that: 

a. The district is primarily responsible for compliance with state and federal law 

and regulations. 

b. The complaint review shall be completed within 60 calendar days from the 

date of receipt of the complaint unless the complainant agrees in writing to an 

extension of the timeline. 

c. The complainant has a right to appeal the district’s decision to the CDE by 

filing a written appeal within 15 days of receiving the district’s decision. 

d. The appeal to the CDE must include a copy of the complaint filed with the 

district and a copy of the district’s decision. 

Procedures 

The following procedures shall be used to address all complaints which allege that the 

district has violated federal or state regulations governing educational programs. 

Compliance officers shall maintain a record of each complaint and subsequent related 

actions, including all information required for compliance with 5 CCR 4631 and 4633. 

All parties involved in allegations shall be notified when a complaint is filed, when a 

complaint meeting or hearing is scheduled, and when a decision or ruling is made. 

Filing of Complaint 

Any individual, public agency, or organization may file a written complaint of alleged 

noncompliance by the district. (5 CCR 4630) 

The complaint shall be presented to the compliance officer who shall maintain a log of 

complaints received, providing each with a code number and a date stamp. Complaints 

shall be made using the standard form. (AR 1312.4 Exhibit 2) 







41 

For complaints concerning insufficiency of instructional materials, emergency or urgent 

facility conditions, and/or teacher vacancy or misassignment issues, the complaint may 

be anonymous. However, if the complainant requests a response, he or she must provide 

contact information. 

Complaints alleging unlawful discrimination may be filed by a person who alleges that 

he/she personally suffered unlawful discrimination or by a person who believes that an 

individual or any specific class of individuals has been subjected to unlawful 

discrimination. The complaint must be initiated no later than six (6) months from the 

date when the alleged discrimination occurred or when the complainant first obtained 

knowledge of the facts of the alleged discrimination, unless the time for filing is extended 

by the compliance officer, upon written request by the complainant setting forth the 

reasons for the extension, for good cause for a period not to exceed 90 calendar days 

following the expiration of the time allowed. The compliance officer shall respond 

immediately upon receipt of requests for extensions. 

The complaint shall be presented to either the compliance officer or designee, depending 

on the nature of the complaint. The compliance officer or designee will maintain a log of 

complaints received, providing each one with a number and a date stamp. 

If the complaint concerns insufficiency of instructional materials, emergency or urgent 

facility conditions, and/or teacher vacancy or misassignment issues, the complaint shall 

be filed with the school principal or the designee at the school site where the complaint 

arises. If the complaint is beyond the authority of the school principal, he or she must 

forward it to the appropriate school district official within ten (10) working days of 

receipt of the complaint. 

If a complainant is unable to put a complaint in writing due to conditions such as 

illiteracy or other disabilities, District staff shall help him/her to file the complaint. 

California Administrative Code, Title 5, Section 4611 mandates that the complaints listed 

below shall be referred to the specified agencies for appropriate resolution and are not 

subject to the local Board of Education and/or to the State Department of Education’s 

complaint procedures, as set forth in this policy unless these procedures are made 

applicable by separate interagency agreements or by other applicable law: 

1. Allegations of child abuse shall be referred to the applicable County Department of 

Social Services (DSS), Protective Services Division or appropriate law enforcement 

agency. 

2. Health and safety complaints regarding a Child Development Program shall be 

referred to Department of Social Services for licensed facilities, and to the 

appropriate Child Development regional administrator for licensing-exempt 

facilities. 







42 

3. Discrimination issues involving Title IX of the Educational Amendments of 1972 

shall be referred to the U.S. Office of Civil Rights (OCR). Title IX complainants 

will only be referred to the OCR if there is not a state discrimination law or 

regulation at issue. Unless otherwise negotiated through a memorandum of 

understanding/agreement, a preliminary inquiry and/or investigation concerning 

these complaints will be conducted by OCR. The complainant shall be notified by 

certified mail if his/her complaint is transferred to OCR by the State Superintendent 

of Public Instruction. 

4. Civil rights complaints involving Child Nutrition Programs will be investigated and 

the complaint and results of the investigation will be sent to the USDA Food and 

Consumer Service. A courtesy copy of this complaint will be sent to the Complaint 

Coordinator with the Department of Education, Child Nutrition and Food 

Distribution Division. Program complaints involving Child Nutrition Programs that 

are non-discriminatory issues such as program service or violation of Federal or 

State laws or regulations that cannot be resolved shall be directed to the Complaint 

Coordinator with the Department of Education, Child Nutrition and Food 

Distribution Division. 

5. Employment discrimination complaints shall be sent to the State Department of Fair 

Employment and Housing (DFEH) pursuant to Title 22, CCR, Section 98410. The 

complainant shall be notified by certified mail of any DFEH transferal. 

6. Allegations of fraud shall be referred to the responsible Department Division 

Director and Department’s Legal Office. 

Investigation of Complaint 

The compliance officer or principal/designees shall make all reasonable efforts to 

investigate any problem within his or her authority. The investigation shall provide an 

opportunity for the complainant, or the complainant’s representative, to present 

information relevant to the complaint. The investigation may include an opportunity for 

the parties to the dispute to meet to discuss the complaint or to question each other or 

each other’s witnesses. 

Refusal by the complainant to provide the investigator with documents or other evidence 

related to the allegations in the complaint, or to otherwise fail or refuse to cooperate in 

the investigation or engage in any other obstruction of the investigation, may result in the 

dismissal of the complaint because of a lack of evidence to support the allegations. 

Refusal by the LEA to provide the investigator with access to records and/or other 

information related to the allegation in the complaint, or to otherwise fail to refuse or 

cooperate in the investigation or engage in any other obstruction of the investigation, may 







43 

result in a finding based on evidence collected that a violation has occurred and may 

result in the imposition of a remedy in favor of the complainant. 

Response 

For complaints processed by the compliance officer, a written decision shall be issued to 

the complainant within sixty (60) calendar days of receiving the complaint. This decision 

shall contain the following elements: findings of fact based on the evidence gathered, 

conclusion of the law, disposition of the complaint, the rationale for such a disposition, 

corrective actions if any are warranted, and notice of the complainant’s right to appeal the 

District’s decision to the California Department of Education, and the procedures to be 

followed for initiating and appeal to the Department. In accordance with Education 

Code 262.3, Any decision concerning a discrimination complaint based on state law 

shall include a notice that the complainant must wait until 60 days have elapsed from 

the filing of an appeal with the California Department of Education before pursuing 

civil law remedies. If an employee is disciplined according to established District policy 

as a result of the complaint, this report shall simply state that effective action was taken 

and that the employee was informed of District expectations. The report shall not give 

any additional information as to the nature of the disciplinary action. This time period 

may be extended by written agreement between the complainant and the District. 

Appeal 

For complaints processed by the compliance officer, if a complainant is dissatisfied with 

the compliance officer’s decision, he/she may, within five (5) calendar days of receiving 

the written decision, file his/her complaint in writing with the Board. The Board may 

decide not to hear the complaint, in which case the compliance officer’s decision shall be 

final. The Board may consider the matter at its next regular Board meeting or at a special 

Board meeting convened in order to meet the sixty (60) calendar days time limit in which 

the complaint must be answered. 

If dissatisfied with the District’s decision, the complainant may appeal in writing to the 

California Department of Education within fifteen (15) calendar days of receiving the 

District’s decision. For good cause, the Superintendent of Public Instruction may grant 

an extension for filing appeals. When appealing to the California Department of 

Education, the complainant must specify the reason(s) for appealing the District’s 

decision and must include a copy of the locally filed complaint and the District’s 

decision. 

For complaints processed by the principal or designee, if the complainant is dissatisfied 

with the resolution of the complaint, he or she has the right to describe the complaint to 

the Governing Board of the school district at a regularly scheduled hearing of the Board. 

The Governing Board will then respond to the appeal in writing within sixty (60) 

calendar days of the District’s initial receipt of the complaint or within an extended time 







44 

period that has been specified in a written agreement with the complainant. The final 

decision must be issued within sixty (60) calendar days from the date of receipt of the 

complaint, unless the complainant has agreed in writing to extend the timeline. 

If the complaint involves facility issues that pose an emergency or urgent threat, an 

appeal can be sent directly to the Superintendent of Public Instruction (SPI). The SPI 

will provide a written report to the State Board of Education describing the complaint and 

a proposed remedy, as appropriate. 

Civil Law Remedies 

A complainant may pursue available civil law remedies outside of the District’s 

complaint procedures as provided by law. Complainants may seek assistance from 

mediation centers or public/private interest attorneys. Civil law remedies that may be 

imposed by a court include, but are not limited to, injunctions and restraining orders. 

Except as provided by law, for discrimination complaints, a complainant must wait until 

sixty (60) days have elapsed from the filing of an appeal with the California Department 

of Education before pursuing civil law remedies. The moratorium does not apply to 

injunctive relief and is applicable only if the District has properly notified in writing, as 

applicable, its students, employees, parents or guardians of its students, the district 

advisory committee, school advisory committees, and other interested parties of the 

District’s complaint procedures, including the complainant’s opportunity to appeal if 

dissatisfied with a decision. 

Direct State Intervention 

The California Department of Education may directly intervene in the complaint without 

waiting for action by the District when one of the conditions listed in 5 CCR 4650 and 

other applicable law exists. In addition, the California Department of Education may also 

intervene in those cases where the District has not taken action within sixty (60) calendar 

days of the date the complaint was first filed with the District. 

Reporting Requirements 

The District’s designee must submit a quarterly report, to the County Superintendent and 

the Governing Board on the nature and resolution of complaints addressing insufficient 

instructional materials, teacher vacancies and misassignments, an emergency or urgent 

facilities issues. 

The summaries must be publicly reported on a quarterly basis at a regularly scheduled 

meeting of the Governing Board. 

Public Records 







45 

Complaints, responses and quarterly reports concerning insufficient instructional 

materials, teacher vacancies and misassignments, and emergency or urgent facilities 

issues will all be considered public records, to the extent required by law. 

Definition of Terms 

As used in these procedures, the definitions of terms are: 

a) Appeal shall mean a request made in writing to the State Superintendent of Public 

Instruction by a complainant requesting reconsideration or a reinvestigation of the 

District’s decision. 

b) Complainant shall mean any individual including a person’s duly authorized 

representative or an interested third party, public agency, or organization who 

files a written complaint alleging violation of federal or state laws or regulations, 

including allegations of unlawful discrimination in programs and activities funded 

by the state or receiving any financial assistance from the state. 

c) Complaint shall mean a written and signed statement alleging a violation of a 

federal or state law or regulation, which may include an allegation of unlawful 

discrimination. 

d) Complaint Investigation shall mean an administrative process used by the 

District for the purpose of gathering data regarding the complaint. 

e) Complaint Procedure shall mean an internal process used by the District to 

process and resolve complaints. 

f) Compliance Agreement shall mean an agreement between the Department of 

Education and the District, following a finding of non-compliance by the 

Department, developed by the District, and approved by the Department resolve 

the non-compliance. 

g) Days shall mean calendar days unless designated otherwise. 

h) Department shall mean the California Department of Education. 

i) Direct State Intervention shall mean the steps taken by the Department of 

Education to initially investigate complaints or effect compliance. 

j) Mediation shall mean a problem-solving activity whereby a third party assists the 

complainant and District to a dispute in resolving the problem. 







46 

k) Misassignment shall mean the placement of a certificated employee in a teaching 

or services position for which the employee does not hold a legally recognized 

certificate or credential, or the placement of a certificated employee in a teaching 

or services position that the employee is not otherwise authorized by the statute to 

hold. 

l) State Mediation Agreement shall mean a written voluntary agreement, approved 

by the Department of Education, which is developed by the local agency and 

complainant with assistance from the Department to resolve an allegation of noncompliance. 

m) Teacher vacancy shall mean a position to which a single designated certificated 

employee has not been assigned at the beginning of the year for an entire year, or 

if the position is for a one-semester course, a position of which a single 

designated certificated employee has not been assigned at the beginning of a 

semester for an entire semester. 







47 


To: 

From: 

Through: 

Board Members 



Subject: Agenda Item *7.9: Board Review, Administrative Regulation 

1312.4: Williams Uniform Complaint Procedure 




the review of Administrative Regulation 1312.4: Williams Uniform Complaint 

Procedure. 


Cost – None 







RECOMMENDED: Review only. No recommendation for change. 


*7.9

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DEL MAR UNION SCHOOL DISTRICT

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