September 2013
...
(Pictured Left to Right: Elisa Williamson, Veronica Williams, Lisa Rodman,
Superintendent Lovely, Kelli Moors, Ann Tanner)
Board of Trustees

2012-13 Board Member Biographies:

Elisa Williamson, President

Mrs. Elisa Williamson, a 23-year Carlsbad
resident, has served on the Board of
Trustees
since April 2000. Her two children
both graduated from CUSD; one teaches
middle school and the other attends college.
While serving on the Board, she spearheaded
the development of a Governance Handbook
and the District Vision Statement.
She received
"Masters in Governance" certification through
the
California School Boards Association.

[Maura Larkins comment: Ms. Willaimson was trained by CSBA, the
same organization that hired attorney Elaine Yama
AFTER she was
sanctioned by a federal judge for lying and obstruction.]
 

Ms. Williamson earned a Master's Degree in Business Education from
Brigham Young University and worked for several years as a communications
specialist and part-time teacher. She is currently the Director of Marketing for
a financial advisor.
CARLSBAD: Trial
starts for girls
suing school in
sexual abuse
claim
May 16, 2012
By TERI FIGUERO
nctimes.com

A former teacher
convicted of sexual battery
against two Carlsbad
elementary school girls is
out of prison after less
than two years, according
to state prison officials, but
his name does not appear
on the state's Megan's
Law website.

The teacher, Raymond
Lewis Firth, 41, was
released from prison on
March 3, a state prison
official said.

On Monday, jury selection
began in a civil trial
involving two of Firth's
young victims, whose
parents are suing
Carlsbad Unified School
District on their behalf.
The suit says that the
school district was
negligent in monitoring
Firth during the seven
years he taught at Pacific
Rim Elementary School.

During Firth's criminal
case, the prosecutor said
children told authorities
that Firth ---- a second-
and third-grade teacher
---- would put them on his
lap and touch them
inappropriately with one
hand while helping them
with their school work. In
some instances, Firth
slipped his hand into their
underwear and molested
the girls, the prosecutor
said.

The prosecutor, Deputy
District Attorney Kelly Mok,
charged Firth with six
counts of child molestation
for lewd and lascivious
acts on a child under 14.
Convictions for those
charges could have
landed him in prison for up
to 18 years.

But prosecutors dismissed
those charges when Firth
agreed to a plea bargain,
knocking the case down to
two counts of sexual
battery involving two
victims and one count of
false imprisonment against
a third girl. In April 2010,
Firth was sentenced to
three years and eight
months in prison and
ordered to register as a
sex offender.

Under state law, Firth had
to serve half of his
sentence, according to the
California Department of
Corrections and
Rehabilitation. In total,
Firth served 22 months.
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Report Blog
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& Holtz v. Maura
Larkins defamation

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Carlsbad rejects
proposed charter
school
Gary Warth
UTSD
Dec. 5, 2012


Trustees in Carlsbad Unified
School District unanimously
rejected Oxford Preparatory
Academy's proposal to start a
charter school in the district
Wednesday night.

About 100 people packed the
CUSD board room, and several
parents pleaded with the school
board to give them more choice
in the district by accepting the
charter school, which already
has campuses in Chino and
Capistrano. Oceanside Unified
School District rejected a
petition from the charter school
early this year.

Trustees rejected the proposed
after hearing a staff report that
gave the charter's petition low
scores on several points.

[School] District attorney
Dan
Shinoff said there were major
deficiencies in the proposal from
the Chino-based charter school.
Of 16 state-required elements
for a charter school petition,
Shinoff said Oxford had eight
that were unsatisfactory.

Those deficiencies included
inadequately budgeted start-up
costs, a lack of teachers
interested in the school and
overstated enrollment
predictions, according to the
report.

Eric Beam, director of special
services for Oxford, reminded
trustees that a district could
reject a charter school petition
only if they can prove that the
school would be unsound
academically, would be unlikely
to succeed, would discriminate
against certain students, or if
the proposal isn’t
comprehensive enough or
doesn’t include enough
signatures.

Beam said the school's financial
plan was sound, as proved by
two audits that showed its
budget with a 5 and 6 percent
reserve.

He also said the California
Department of Education had
reviewed its application and
deemed its program description
a perfect 50 out of 50.

"Based on these criteria, there's
only plausible result," he said.
"Approval."

But trustees said they had
concerns after hearing that
projections for enrollment and
for teacher interest in the school
had been exaggerated.

While Beam said he could have
produced in-person the
teachers who signed a petition
that said they were interested in
working at the school, district
staff members said their
investigation cast doubts on the
petition's numbers.

According to the staff report, out
of 33 teachers who signed the
petition, only one lived in
Carlsbad. Others said they
would consider commuting or
moving to the district.

But 11 of the teachers who were
contacted by the district said
they thought they were signing
petitions to work in Oxford
schools in Chino or Capistrano.
Six could not be reached, and
two had wrong telephone
numbers, according to the
report.

Staff members also said they
could confirm only 53 parents
who said they would enroll in the
school, while Oxford claimed
681 local parents had signed
the petition.

Some parents at the board
meeting said people circulating
the petition had misrepresented
it by saying it did not mean an
intent to enroll, but rather just
an interest in the school. One
man said a person circulating
the petition at a Halloween
carnival told parents it was to
support school choice in
Oceanside.

Those comments were
troublesome to Trustee Ann
Tanner.

"I'm concerned that OPA
misrepresented something very
important," she said. "In my line
of work, all I see is behavior.
And when I see behavior like
that, that has an impact on me."

Tanner and other board
members also said they were
concerned that the governing
board of the school would be in
Chino, 80 miles away from
parents.

Oxford Preparatory Academy
would have been the first
charter school in the district. It
has the right to appeal the
rejection to the county Office of
Education.
Carlsbad Unified School District
August 2013
Compare this story to the hiring of  Art Palkowitz by
Stutz Artiano Shinoff & Holtz.  It seems Ms. Moors will
be working in business development.

SCHOOL TRUSTEE’S VOTE AIDED
FUTURE EMPLOYER
Hiring by law firm came 12 days after contract
renewal
By Aaron Burgin
Aug. 23, 2013 updated

Regulations of the Fair Political Practices Commission,
18747(a):

“No public official shall ‘make,’ ‘participate in
making,’ or ‘use his or her official position to
influence’ any governmental decision ... if the
decision directly relates to a prospective employer.”

18747(c): “A person is a ‘prospective employer’ of a
public official if the official, either personally or through
an agent, is ‘negotiating’ or has an ‘arrangement’
concerning prospective employment with that person.”

Timeline

November 2012: Voters re-elect Moors to a four-year
term that expires in 2016.

March 2013: Moors is laid off from her position at the
Tri-City Healthcare District.

Summer 2013: Moors contacts Fagen, Friedman and
Fulfrost.

July 24, 2013: Moors participates in vote to renew
district’s contract with law firm for an amount not to
exceed $100,000.

Aug. 2, 2013: Moors notifies Carlsbad Superintendent
Suzette Lovely, that she is accepting a position with the
law firm and resigning from the board. Moors said this
was the first she time she told anyone with the district of
her contact with the law firm.

Aug. 5, 2013: Moors submits resignation to the
Carlsbad Unified School District and the San Diego
County Office of Education.
Kelli Moors
Information provided 9
months ago when running
for school board:

Smart Voter
November 6, 2012 Election

Occupation: School Board
Member for 12 years

Masters In Governance,
California School Boards
Association

30-year resident of Carlsbad

Business Development
Manager for local
hospital

Past Board Member,
Carlsbad Educational
Foundation
Updates: Blog posts re Kelli Moors and FFF
Fagen Friedman &
Fulfrost | John A.
Roach, Ed.D.

An education leader with
nearly 40 years of
professional experience,
John A. Roach, Ed.D.,
offers sage advice,
mentoring and coaching
to today's education ...


Fagen Friedman &
Fulfrost | Client
Services

Fagen, Friedman &
Fulfrost, LLC.
F3's Client Services
Team.
John A. Roach, Ed.D.
Educational
... John W.
Norlin Special Counsel.
CARLSBAD UNIFIED
SCHOOL DISTRICT BOARD
OF TRUSTEES
UNANIMOUSLY SELECTS
SUZETTE
LOVELY TO BE
NEW
DISTRICT
SUPERINTENDENT

Lovely Will Work Closely
with Current
Superintendent John
Roach, Ed.D. and his
Management Team to
Ensure a Smooth
Transition

The Carlsbad Unified
School District (CUSD)
Board of Trustees has
unanimously selected
Suzette Lovely to serve
as the new District
Superintendent.
According to CUSD Board
President Kelli Moors,
Lovely has accepted the
position. To finalize the
selection, Board members
will visit Lovely's current
school district and
complete the process.
She will replace
Superintendent John A.
Roach, Ed.D., who is
retiring June 30, 2012
after serving eight years
in that position.

Lovely currently serves as
Assistant Superintendent,
Personnel Services, at
Placentia-Yorba Linda Unified
School District (PYLUSD)
(www.pylusd.k12.ca.us). PYLUSD
serves 25,000 students at 34
elementary, middle and high
school sites. CUSD serves
11,000 students at nine
elementary, three middle and
currently one high school site.
Sage Creek High School, now
under construction, will open in
Fall 2013.

Moors states, "We were
gratified by the sizable
number of highly qualified
applicants..

CUSD Board Vice President
Elisa Williamson notes, "The
Board's most critical
responsibility is to select a
Superintendent. Working
with the Superintendent, the
Board sets forth a clear
vision for our District's
services and program
offerings to promote student
achievement. We look
forward to working with
Suzette to accomplish
ambitious goals."

Dr. Roach says that he
plans to work closely with
Lovely before he departs.
He states, "I am impressed
by the deliberate nature of
the Superintendent Search
Process, which was
conducted by the Board with
a great deal of stakeholder
input and a high level of
integrity and transparency.
As we transition to new
District leadership, I feel
confident that the
management team of
Assistant Superintendents
Torrie Norton, Suzanne
O'Connell and Devin
Vodicka, Ed.D. will provide a
strong foundation for
Suzette."
Demand Letter
April 14, 2009 John A.
Roach, Ed. D.
Superintendent
Carlsbad ...
6225 El Camino Real.
Carlsbad, CA 92008.
SENT VIA REGULAR ...
John Roach | LinkedIn

Current

Educational Consultant
at John Roach and
Associates
...
Pivot Learning Partners,
Fagen Friedman &
Fulfrost,
WLC Architects,
Cenergistics,
Tenmarks,
Kids for ...

University of Southern
California

Previous        

Carlsbad Unified School
District,
Charter Oak Unified
School District

Education        
University of Southern
California
John Roach, former
Carlsbad USD Supt.
Issue: last hired, first fired
[Maura Larkins comment: It would be better to keep the best
teachers, and fire the worst.  But that's impossible because
there is no
effective evaluation system.  The current system is a
joke.  Does Sage Naumann advocate a better teacher evaluation system?  I have
no idea what he wants to replace the current system with.  Perhaps personal
politics?  That would be worse than what we currently have.]

Sage Naumann...
Posted by Sean Geisterfer
July 31, 2013

...The vote is a long way off, but it will be an important one. Under our current
school board, schools have been facing
budget cuts that effect students, but
don’t affect the salaries of higher ups. Amazing teachers have been
pinked slipped, while those who don’t care about the students kept their
jobs
...

TWITTER
Sage Naumann ‏@SageNaumann
I don't think I've ever wanted somebody to run for office so badly just so I
could do everything in my (albeit limited) power to crush them.
11:25 AM - 3 Jun 13
Whose side am I on? Fagen Friedman Fulfrost or Carlsbad
Unified candidate Sage Naumann? Neither!
(Click on the link above to see all the links and images in this article.)


Sage Naumann, 18, listens to CUSD Board member Kelli Moors condemn his
negative campaign tactics at the Aug. 14 meeting. Naumann has been critical of
current board members since he began his campaign in January 2013 for election
to the CUSD Board...
Photo by Rachel Stine
CUSD to appoint new board member
By Rachel Stine
Coast News
Aug 15, 2013


Fagen Friedman Fulfrost (FFF) law firm founder Howard Fulfrost,
member of the School Attorney Advisory Board

Mr. Fulfrost, partner in Carlsbad Unified's law firm Fagen Friedman Fulfrost, is
famously loyal to school officials. So loyal, in fact, that a federal judge has accused
his former firm of lying and obstruction. This is a big deal to me (Maura Larkins),
and I've provided some information about FFF below that has not been mentioned
by the media during the current brouhaha--though it should have been.

Nevertheless, I believe that some things are more urgent than the sisyphean task
of finding an ethical firm of school attorneys for Carlsbad Unified.

Although I am similar to Sage Naumann in that I demand accountability from school
board members, right now I'd like to set aside the issue of corruption in schools
and talk about something more important: teaching and learning!

Sage Naumann is right that school districts are corrupt.

But so is almost every other institution in the city, the state, and the world. Most
human beings are greedy and shortsighted, and they abuse power when they get
it. And it is true that corruption tends to lower the average quality of teachers and
administrators since personnel decisions are so deeply influenced by politics. But
good teachers and good ideas are struggling to be heard, and we need to listen.
We can't stop everything to try to eliminate a problem that has existed as long as
human beings have existed.



Mr. Naumann is wrong on the most important current issue: implementing Common
Core standards in classrooms.

Once in a while people actually work for the common good, and Common Core is
the product of one such effort. The designers worked hard because they actually
want students to understand their world and know how to navigate it.

Our education system is a failure, and it's not just the fault of kids and families.
Most teachers are mediocre, and many are downright bad. Common Core is a
system that helps teachers do a better job.

The main idea of Common Core is that instead of rapidly introducing a long series
of facts, American teachers will imitate successful schools in successful countries,
and deeply explore a smaller number of ideas. Quick learners can learn how to
fully analyze information, and slower learners will have a chance to really learn
something, instead of being lost most of the time.

And big money is being offered to help teachers do this.

I oppose Sage Naumann for one reason: he opposes Common Core. But he's right
about all that other stuff.


CARLSBAD UNIFIED TRIES TO DEFEND ITSELF, BUT SHOOTS ITSELF IN THE
FOOT

Carlsbad Unified claims that it hired Fagen Friedman & Fulfrost immediately after
the law firm was formed (by Howard Fulfrost and other lawyers who were
sanctioned by a federal judge for lying in the Moser case when working for Lozano
Smith). Soon after that ruling, Lozano Smith shut down its special education
section. Basically, FFF is Lozano Smith under a new name. And Carlsbad Unified is
using this to defend themselves? Just how smart are these people?


CUSD Board President Elisa Williamson

CUSD Board President Releases Statement on Law Firm Contract
Posted by Deanne Goodman (Editor)
August 26, 2013
Patch

The following is written by Elisa Williamson [and was also posted on the district's
website]:

We are aware that concerns have been raised regarding the relationship between
the school district and the law firm of Fagen, Friedman, & Fulfrost in light of that
firm's hiring of Trustee Kelli Moors. Although the Board is not privy to the details
surrounding the timing of Ms. Moors' discussions with the firm, in an abundance of
caution, the contract that was voted on at our July 24 meeting will be brought back
for a re-vote at our meeting on September 11. Re-voting on the contract renewal
after Trustee Moor's departure will obviate any questions about the validity of the
Board's ultimate vote under the law.

The school district has utilized the services of Fagen, Friedman & Fulfrost since
the firm was founded in 2006. The bulk of expenditures over the past seven years
have been for legal services related to Special Education and Personnel matters.
Prior to 2006, the partners in Fagen, Friedman & Fulfrost provided legal
assistance to CUSD while working for another firm.

[Maura Larkins comment: The firm that Ms. Williamson is referring to without
naming it--for good reason!--is Lozano Smith. Carlsbad Unified chose to hire a law
firm whose previous incarnation used lying and obstruction to deprive a special
education student of an appropriate education. See following article.

But Ms. Williamson does give some important information when she says that
"partners in Fagen, Friedman & Fulfrost provided legal assistance to CUSD while
working for another firm. Does she mean that more than one partner at Lozano
Smith went to FFF? Or does she mean that a third law firm was involved?]

Despite the district's long-standing relationship with the firm, on August 7th I
informed the Superintendent that, at the September 11, 2013 Board meeting, I will
be recommending that the District limit its use of the services of Fagen, Friedman,
& Fulfrost to only those areas that staff deems critical to the District.

Elisa Williamson, President
Board of Trustees


ELAINE YAMA WORKED FOR HOWARD FULFROST AT LOZANO SMITH

Attorney Elaine Yama,
sanctioned along with Howard Fulfrost
for lying and obstruction when they were at Lozano Smith

Article about Moser v. Bret Harte High School District on the Parent Advocates
website:

California Federal Judge Sanctions Law Firm For Lying in a Special Education
Case
Fresno law firm Lozano Smith billed the school district $500,000 for a case that
could have been settled years ago for $8,000. How this makes sense is beyond us.
Betsy Combier

Lying, obstruction cited in sanctions for law firm
Fresno's Lozano Smith, attorney ordered to train in ethics
By Erin Kennedy
The Fresno Bee
January 18, 2005

Fresno law firm Lozano Smith and its attorney Elaine Yama have been sanctioned
by a federal judge for lying, misrepresenting law and facts, and intentionally
dragging out a case involving a school district and a special education student.

U.S. District Court Judge Oliver Wanger fined the law firm, Yama and Bret Harte
Union High School District in Calaveras County $5,000 each. He also ordered
Yama to take 20 hours of ethics courses and Lozano Smith to conduct ethics
training for all of its attorneys and shareholders...[Click HERE to see the whole
article.]



CSBA AND ELAINE YAMA AND ELISA WILLIAMSON

So, whom do you think the California School Boards Association (CSBA) chose for
its legal team? You guessed it--Elaine Yama.

And who trained Board President Elisa Williamson? Right again--CSBA.

So who actually runs the district--the lawyers or the officials? It's hard to
unscramble the egg, isn't it? But here's a clue: school board members come and
go, but the lawyers remain the same.

The thing I can't understand is why Carlsbad Unified and Elisa Williamson thought
nobody was going to find out the backstory about FFF after the Kelli Moors story
broke. But there's another backstory I'd like to learn about. What did the board
member who abstained from voting on the FFF contract know about FFF? Very
likely she knew more than I know.

Elaine Yama-Garcia joins CSBA legal team
April 30, 2012

Elaine Yama-Garcia CSBA’s new associate general counsel is Elaine Yama-
Garcia, a mid-career professional with more than 15 years experience practicing
law in the areas of education, special education, and labor and employment. Along
with General Counsel Keith Bray, she will manage the Education Legal Alliance
and respond to corporate legal issues for CSBA and its affiliates.

Yama-Garcia has practiced with the Law Offices of Bennett & Sharpe in the Central
Valley, where she represented clients in the areas of labor and employment and
special education law. Before that, she worked for the law firm of Lozano Smith in
Fresno, specializing in education law, and until recently she managed her own law
firm representing school districts and county offices of education.

She earned her law degree from the San Joaquin College of Law in Fresno.

Born and raised in Fresno, Yama-Garcia is married and has an adult married son,
a step-son attending college in Costa Rica, and a teenage step-daughter.

“I am thrilled to be part of CSBA’s legal team,” said Yama-Garcia. “I look forward to
the many exciting and positive changes we can make to benefit school districts and
county offices of education in the state.”

[Maura Larkins comment: I'll give credit to Ms. Yama for one thing. At least she
doesn't claim to be trying to benefit students.]




Richard Riehl

Politics Enters Carlsbad School Board Race
Richard J. Riehl
San Diego Reader
August 10, 2013

In the 2008 election I voted for 19-year-old Evan Delaney Rodgers for the
Carlsbad City Council. I was sad to see her lose because of the youthful energy
and positive attitude she would have brought to that gang of mostly good old boys.

After Kelli Moors announced her retirement from the Carlsbad School Board a few
days ago, 18-year-old Sage Naumann declared he's more than eager to take her
place. But unless you favor contentiousness and political grandstanding, Naumann
has already revealed he wouldn't be the right choice.

Unlike Rodgers' city council campaign, filled with dozens of practical suggestions
for improving the city's quality of life, Naumann has begun by smearing two highly
respected school district retirees, former Superintendent John Roach and board
member Moors. Here's what he posted on his Facebook page:

"Is it just me, or does it seem suspicious that both our Superintendent and a board
member have jumped ship to take jobs with a law firm that taxpayers are actively
paying for? That’s why I am emailing you. Should I assembly (sic) my team to begin
looking deeper, or does this just seem like a harmless coincidence? I’m eager to
hear your response."

He urged his followers to reply to "Our mailing address: Sage Naumann for
Carlsbad School Board 2014, 2307 Fenton Parkway, Suite 107-114, San Diego,
CA 92108.

To paraphrase the young candidate, is it just me, or does it seem suspicious that a
candidate for the Carlsbad School Board has a campaign headquarters address
next door to Qualcomm Stadium? Email your response to fogcutter1@yahoo.com.

The law firm to which Naumann refers is Fagen, Friedman & Fulfrost, which
contracts with the school district for legal advice and hired Roach and Moors as
consultants after they left their positions with the district. In the style of
Congressman Darrell Issa's discredited witch hunt of the IRS, Naumann makes no
accusations, since he has nary a shred of evidence of legal or ethical misbehavior.
He simply rallies his supporters with the implication of corruption. Those of us of a
certain age remember how effectively Joe McCarthy used that technique.

Naumann's outrage that "taxpayers are actively paying for" the services of a law
firm reveals both his naiveté and misuse of an adverb for exaggeration. Would he
be less offended if taxpayers paid the law firm inactively?

[Maura Larkins' comment: Defenders of CUSD might want to be careful when
criticizing the critical thinking and writing skills of a recent graduate of Carlsbad
High School. It's sort of a two-edged sword. And the phrase "actively paying"
sounds perfectly fine to me. It conjures an image of money flowing. I call that good
writing.]

The word "irresponsible" comes to mind when characterizing Naumann's character
attacks on Roach and Moors. The words "empty promises" best describes his
"Back to Basics" campaign theme. In a breathtaking leap of logic, he promises in
one paragraph to "do everything I can to question purchases, staff and faculty
additions, and other funding that seems unnecessary," to stop the "reckless
spending," and to "be a taxpayer's "watchdog." In the next he promises to "keep
class sizes small, " "materials available" and "teachers stress-free and able to
concentrate on their students, " while "no longer will we look to slashing
department budgets to fill shortfalls."

Naumann ignores the district's most pressing challenge: putting in place a plan to
implement the Common Core of expected learning outcomes. But we have a
glimpse of what he feels about it.

In a Guest Commentary in the conservative blog San Diego Rostra, "Putting the
Carlsbad School District Back on Track," Naumann assures a reader: "I have
already pledged my support against CCSS, and I will continue my advocacy
against it throughout my campaign and if I am elected."

At its July 24 meeting the school board learned CUSD will received approximately
$2.1 million in state funds to implement the Common Core during 2013-2015.
Judging from his vow to be the taxpayer's watchdog, it sounds as if Naumann will
do what he can to turn down the funding. So much for his promise to "Keep cuts
away from the classroom."

Naumann's platform calls for making connections with the community. A look at a
list of his supporters tells us much about the connections he's already made and
what Carlsbadians can look forward to from the influence of his network of
colleagues.

Topping the list is Carl DeMaio, former member of the San Diego City Council. He's
followed by city council members from Vista, Encinitas and Imperial Beach (none
from Carlsbad thus far), School Board members from La Mesa/Spring Valley,
Encinitas and Dehesa (none from Carlsbad).

The Vice Chair of the California Republican Party heads a list of 10 San Diego
GOP Central Committee members, including Sherry Hodges, whose campaign
Naumann staffed.

The list of those with titles ended with the president of the Oceanside Rotary Club
and the former president of the Oceanside Chamber of Commerce. Curiously
missing from the entire list were Carlsbad officials.

See a pattern here? If you liked the vicious tactics of the failed Sherry Hodges
campaign and don't mind having a political operative with an agenda joining a non-
partisan school board with a history of civility, than Naumann's your guy.

And that would be a sad day for Carlsbad schools.

Richard J. Riehl writes from La Costa.



Kelli Moors, who started the current scandal
when she voted on a contract for FFF,
then 12 days later left CUSD to work for FFF

THE CALIFORNIA SCHOOL BOARDS ASSOCIATION (link: CSBA),
FFF AND CARLSBAD UNIFIED ARE PRETTY MUCH INSEPARABLE:

Friday, November 30 [2012]- CSBA [California School Boards Association] Annual
Education Conference
Exhibitor Table Talks
Boards, the Brown Act and Cyberspace

As education leaders turn to social media for timely communication, well-
intentioned board members can find themselves in violation of the Brown Act when
cyber communication conveys information coming up for vote. If used improperly,
social media starts the slippery slope into online serial meetings, resulting in costly,
embarrassing legal consequences, and can be subject to public records requests.
Attend this workshop to learn how to avoid social media pitfalls in your governance
capacity.

--Kelli Moors, Board Member, Carlsbad USD; Christopher Keeler and Namita
Brown, Partners, Fagen Friedman & Fulfrost, LLP
See all posts about Kelli Moors and Fagen Friedman Fulfrost.



Here are some links to FFF cases:

Palo Alto, FFF and the Office of Civil Rights regarding bullying

FFF loses against teacher Pamela Lukkarila in Jurupa School District:
http://mauralarkins.com/files/LukkarilaMyPERB2283E.pdf

FFF loses against teacher Ermine Nelson in Jurupa School District

FFF wins against student and parent in Carlsbad School District:
http://www.californiaspecialedlaw.com/wiki/hearing-decisions/oah-2011120317

School investigation in Claremont USD a waste of taxpayer money?
Update on Oxford school:

by Diane Van Der Linden ·
Kent-Meridian Senior High School


Like Kelli Moores is one to talk
about "Dirty Politics"..
.didn't the
CUSD Board violate the civil
rights of over 800 parents
that signed a meaningful
interest form to have charter
school brought into C'bad
back in Dec. 2012? The law
states that when a person
signs a petition the opposing
party should not be calling to
verify or intimidate
(which yes
CUSD principles did do such a
thing) the petitioner.

Which BTW
Oxford Prep.
Academy did make it into N.
County
1030 La Bonita Dr. San
Marcos Ca Parent info
meetings/open enrollment held at
the following dates & same
times...Mon. 8/26, Tues. 8/27, &
Wed. 8/28..10am, 3pm, &
6:30pm...
makes you wonder if
the previous CUSD super Mr.
J. Roach did the same thing
before he went on w/ this law
firm...maybe we should look
back at his dealings too.
FORUM: Arnold got it wrong on two Carlsbad schools
By MaryBeth Molina
SDUT
May 16, 2012

I am concerned about the misinformation Thomas Arnold in his May 2 column and
the unfounded fear he is perpetuating about
Seaside Academy and Carlsbad
Village Academy
in the Carlsbad Unified School District.

The Academy and Seaside are two separate schools that have been housed on
the same campus. While they each provide an alternative to a traditional,
comprehensive high school, their missions and roles in the school district are
distinct. Both are valuable and quite worthy of our community support.

Seaside Academy is an independent study/homeschooling program. It is a
first choice for families who value home education and being more
involved with their children-not less. It is a first choice for students who
want to be able to study at home without distraction. It is a first choice for
students who are pursuing a flexible schedule to allow more time for
sports, the arts and other interests. Independent study and home
schooling options are creative, exciting, and dynamic ways to allow
students to pursue expertise and excellence in various endeavors.

Seaside students are not people who "couldn't cut it in regular high
school." They take a range of classes, including honors, AP and college
courses.
One English professor said of a concurrently enrolled Seaside student,
"(She) is quite simply the finest student I have worked with in my seven years at
Mira Costa College. (She) has distinguished herself with her essays, several of
which I now use as models in the class."

Graduates are excelling in many areas in life. They include Olympic gold
medalist Shawn White, volleyball star Summer Ross, accomplished artists,
scientists and writers.
While not all are standouts, Seaside students as a whole
are pursuing interests with passion and vitality and are seeking creative ways in
which to use their time.

Carlsbad Village Academy is another positive alternative in the district. It
is a school whose primary purpose is credit recovery. Students who are
behind in credits toward graduation-for whatever reason ---- may
voluntarily enroll at the academy where the schedule allows them to earn
extra credits per year.

While they may have made academic mistakes in the past, these students
are not dangerous and worthless as Arnold implies. They are young
people who are trying to get back on an academic track and are making
the effort to be able to graduate from high school. They have been served
well on their separate campus as it has provided a small, personal
environment with discipline, support and encouragement.

I am sorry to see their unique campus close and hope the transition to becoming a
school within a school is as transformational. It is worth our community commitment
to see these students graduate.

I do not think anyone needs to be afraid of students from either campus. Arnold
needs to be careful about judging people-families and students ---- about their
goals, aspirations, abilities and worthiness simply because they have chosen a
less traditional path. The road less traveled is better for some people and,
therefore can be better for us all.

I am thankful that the Carlsbad Unified School District understands the diverse
needs of its students and families, has provided academic alternatives and values
the opportunities Seaside Academy and Carlsbad Village Academy provide.
Update on Oxford
Charler School

Maura Larkins comment
September 8, 2013

I agree with Mr. Riehl that this
school seems designed for well-off
families, which translates to higher
test scores. Maybe that's why
Carlsbad and Oceanside voted
against it. They didn't want to lose
the high scorers; it messes up
their test averages.
It also sabotages efforts at
diversity. Since both Carlsbad and
Oceanside offer programs for
homeschooling, it seems that
Oxford may be a tool for the
wealthiest families to separate
themselves from the run-of-the-mill
homeschoolers. It seems they
have friends in high places in
Borrego Springs. This certainly
wasn't done for the benefit of
students in Borrego Springs.

Charter School Finds
Key to North County in
Desert
Posted by Getting Riehl
Carlsbad Patch
September 06, 2013

After being turned away by
Carlsbad and Oceanside, the
Oxford Preparatory Academy
found a road to San Marcos
through Borrego Springs. On May
29 the desert community's tiny
school district of about 300
students approved the school's
charter petition. This week the
school opens its "new campus" 70
miles west of Borrego Springs,
within walking distance of San
Marcos High School.

The charter school failed in three
previous attempts to land a
campus in North County. Most
recently, the San Diego County
Board of Education denied OPA's
appeal of Carlsbad's decision.
The reason for denial most
frequently cited by school officials  
is OPA's lack of evidence it can
satisfy the requirement of the
California Charter Schools Act of
1992  to "Increase learning
opportunities for all pupils, with
special emphasis on expanded
learning experiences for pupils
who are identified as academically
low achieving."

There is reason for concern. Of
the 342 students at OPA
Capistrano, only 17 percent are
from low income families, less than
2 percent are English Learners.
By comparison, 25 percent of the
district's 38,000 students are low
income, with 15 percent English
Learners.

The disparity in Chino is even
greater, where OPA's enrollment
of low income students is 29
percent and English Learners 6
percent. District-wide, 49 percent
are low income and 19 percent
are English Learners.

Of the 304 students in Borrego
Springs, 91 percent are from low
income families, 67 percent are
English Learners. Maybe that
explains why OPA is not opening a
campus there.

The school's charter was granted
for an Independent Study Only
program. It's located in a leased
office building in the Lake San
Marcos commercial zone. The
OPA website touts it as an "ideal
location" for its new K-12 campus,
"set on the beautiful Lake San
Marcos."

The California Department of
Education defines Independent
Study as "an alternative to
classroom instruction." OPA says
its Independent Study program is
"designed to assist parents who
prefer to educate their children at
home." So, what makes a campus
on a lake an "ideal" setting for
home-based learning? A library
next door would make more sense.

In the San Marcos school district,
48 percent of students are from
low income families, 31 percent
are English Learners. Given the
students attracted to OPA's two
other sites, its newest campus is
unlikely to mirror the student
characteristics in the school next
door.

Will OPA have to rely on transfers
from other schools in North
County to meet their enrollment
goals? Unlike other public schools,
charter school students are not
confined to district boundaries.
The parents in Carlsbad and
Oceanside who lobbied and lost in
their bid for an OPA campus and
want home-based schooling will
now be able to send their kids to
San Marcos.

Home schooling is not an option
for many low income families.
Students who struggle
academically because of family
circumstances beyond their
control will continue to be the
losers in this Borrego
Springs/North County charter
school connection.       
Richard Riehl writes from La
Costa. Email him at
richard_riehl@yahoo.com


This post is contributed by a
community member. The views
expressed in this blog are those of
the author and do not necessarily
reflect those of Patch Media
Corporation. Everyone is welcome
to submit a post to Patch. If you'd
like to post a blog, go here to get
started.
Carlsbad Unifed cancels FFF contract

Is it time for the school attorneys at Fagen Friedman Fulfrost
to change the name of their firm again?

What did Fagen Friedman Fulfrost law firm do to cause the
Carlsbad Unified school board to cancel its contract?
The explanation can be found
right here. I am impressed
with the community of Carlsbad for drawing a line regarding the ethical behavior of
school law firms. I don't feel so alone anymore in my quest to get schools to hire
lawyers who will advise them to honor policies, laws and contracts instead of hiring
lawyers who will help them get away with violations.

The question now becomes, who will end up doing the $100,000 worth of legal
work that was going to go to FFF, and will the new firm behave any differently than
FFF? Or will the district simply approve a new contract for FFF when no one is
looking? After all, a law firm with two former Carlsbad Unified officials working for it
could offer some special advantages. Communication could be more easily
accomplished through back channels. I'm hoping Rachel Stine of Coast News will
keep watching...
See all SDER Carlsbad Unified
blog posts
CUSD Board selects PTA leader to fill seat
The Coast News
Rachel Stine
CARLSBAD — The four Carlsbad Unified School District (CUSD) Trustees selected
PTA leader and CUSD volunteer Claudine Jones to fill the vacant seat on the Board
on Sept. 16, 2013.
June 27, 2012
Schools fail to document serious complaints, including
child molestation in Carlsbad and teacher crimes in CVESD

Ten years ago I was amazed at the knee-jerk cover-up that
occurred at my school,
Castle Park Elementary in Chula
Vista, regarding crimes committed by teachers. Ironically,
my principal made a note of the fact that a district
administrator didn't want reports written down.

Of course, many things do get written down, and when that
happens, the documents are often
concealed.  

See blog posts re secrecy in schools.

The fact that Carlsbad schools claimed to have little or no record of complaints
about Raymond Firth is not surprising. Vista Unified didn't appear to know much
about David Irving Hatch, either. In fact,
SDCOE-JPA enthusiastically supports
concealment of what goes on in schools.


CARLSBAD: Parents of molested schoolgirls want policy changes
June 24, 2012
By TERI FIGUEROA
NCT

When a North County jury last week awarded $4.5 million to two young girls
molested in the classroom by their Carlsbad elementary school teacher, the girls'
mothers said they had wanted something more than money ---- they wanted policy
changes.

The parents said they wanted Carlsbad Unified School District officials to monitor
teachers better, document parental complaints better and notify parents when
charges are filed accusing a teacher of criminal wrongdoing in the classroom.

"I really wanted the public to know how Carlsbad handled this and covered it up,"
said the mother of one of the victims. "It was never about the money for me."

...After Firth was sent to prison, the parents of the two victims ---- at least three
girls have come forward ---- sued the district on behalf of their daughters. During
the month-long trial, jurors heard testimony from parents who said that they had
complained about catching Firth in potentially inappropriate interactions with
young female students, including holding hands, placing them on their lap and
being alone with them in the classroom.

According to David Ring, the Los Angeles-based attorney who represented the
two girls during the civil trial, Firth said school officials had talked to him about
such matters about eight separate times.

But the school had little to no substantial documentation of parental complaints,
Ring said.

"We can't make them change the policy," Ring said, "but the public can."

Jurors found the school district was negligent in supervising Firth, and found it was
40 percent responsible for what happened to the children...

"The point of the lawsuit was policy change," the mother of the other victim said.

Whether or how such changes were made remains hazy. In an interview last week,
school board President Kelli Moors declined to say whether the case prompted
specific policy changes.

But Moors said that "every time any incident happens, we do use them as training
opportunities. ... When incidents happen, we use that to reexamine things."

"I know that in the wake of this incident, all of our administrators have undergone
thorough training," Moors said. "For some it was a refresher, for others it was new.
We have been diligent about making sure that we learn from this and making sure
administration learns from this."

In October 2007, a young girl disclosed that her teacher, Raymond Firth, had
groped her. Police were notified and administrators pulled Firth from the
classroom.

Parents were not told about the allegations, nor were they told when ---- after a
year of investigation by police ---- prosecutors charged the teacher with lewd and
lascivious acts with children...


$4.5 million verdict for minors abused by school teacher.
San Diego County.
Jury Verdict Alert.com

Continued parental concerns over a teacher's attention to female students went
unanswered by authorities at an elementary school in Carlsbad. School district
found liable by jury.

  Case Name: Emma & Jaiden v. Carlsbad Unified School District
  Court and Case Number: : San Diego County (North County: Vista); Case No.
37-2010-60474-CU-PO-NC
  Date of Jury Verdict: Sunday, June 17, 2012
  Date Action was Filed: Tuesday, August 31, 2010
  Type of Action: Negligence, Sexual Abuse
  Judge or Arbitrator(s): Hon. Timothy Casserly

  Defendants:
  Carlsbad Unified School District
  Raymond Firth

The Result

  Gross Verdict: $4,500,000
  Net Verdict: $4,500,000
  Contributory/Comparative Negligence: Carlsbad Unified: 40% at fault; Raymond
Firth: 60% at fault
  Economic Damages:
  $200,000 each plaintiff
  Non-Economic Damages:
  Emma: $2,500,000;   Jaiden: $1,600,000
  Trial Time: 5 weeks
  Jury Deliberation Time: 3 days
  Jury Polls: 12-0 liability; 10-2 damages
  Post Trial Motions & Post-Verdict Settlements: N/A

The Attorneys

  Attorney for the Plaintiff:
  Taylor & Ring by David M. Ring and Louanne Masry, Los Angeles
  Attorney for the Defendant:
  Stutz, Artiano, Shinoff & Holtz by Daniel Shinoff and Paul Carelli, San
Diego (for CUSD)
  Lewis Brisbois Bisgaard & Smith LLP by Marilyn Moriarty, San Diego (for
Raymond Firth)

The Experts

  Plaintiff’s Medical Experts:
  Dr. Clark Clipson, psychologist, San Diego
  Defendant's Medical Experts:
  Dr. Glenn Lipson, psychologist, San Diego
  Plaintiff's Technical Experts:
  None
  Defendant's Technical Experts:
  Dave Cowles, school liability, Vista

Facts and Background

  Facts and Background:
  Raymond Firth was a teacher employed by Carlsbad Unified School District from
1999 to 2007. He taught 3rd grade.

  In Fall 2006, the assistant principal walked into Firth's classroom during recess
and found Firth with a girl on his lap. After plaintiff Jaiden reported the abuse in
Fall 2007, an investigation ensued, but Firth was not immediately charged with
any crime due to lack of evidence. He was placed on administrative leave by the
school district.

  After another victim came forward in 2008, Firth was criminally charged. Then
plaintiff Emma came forward in 2009 and reported that she, too, had been a
victim. Firth eventually plead guilty and was sentenced to prison. Firth groped
Jaiden one time outside of her clothing. Firth molested Emma many times.

  Plaintiff's Contentions:

  That Firth molested Emma during school year 2006-2007 when she was a
student in his class. That Firth molested Jaiden in Fall 2007 when she was a
student in his class, and that Jaiden immediately reported the abuse.
  That Between 2001 and 2007 a few parents complained to the school's principal
about Firth's interactions with girls. That Firth frequently had his female students
sit on his lap during class. ThatHe was often in the classroom with one or just a
few girls before school or during recess or lunch. That at least one parent was
uncomfortable with this and told the principal.
  That the school district was negligent in its supervision of its teacher. The
school's principal received several complaints over the years about Firth's
improper interactions with girls (sitting on his lap, alone in the classroom,
excessive physical contact), yet did little or nothing to end the misconduct. In Fall
2006 the assistant principal observed Firth with a girl on his lap and reported that
to the principal, but the principal again did little or nothing in response. Then, a
parent reported similar misconduct by Firth to another teacher, who failed to
report it to the principal. The school district failed to take adequate action to end
the improper behavior by Firth.
  Plaintiffs contended that their government tort claims were excused from being
late because the school district caused the parents to delay in presenting the
claims. Plaintiffs contended that they suffered severe emotional distress and
PTSD as a result of the molestations.
  Defendant's Contentions:
  Defendant school district contended that it had not received any complaints
about Firth. The principal spoke to Firth about the importance of keeping proper
physical boundaries with students each time the issue was raised and Firth
agreed to do so. At no time did the principal or anyone else from the school
suspect anything improper was taking place. Firth was a well-liked teacher and
had satisfactory performance reviews. The school was not negligent as it properly
supervised its teachers and had no way of knowing or even suspecting that Firth
was molesting girls.
  Defendant school district also contended that each plaintiff filed a late
government tort claim and that each claim was therefore time-barred. The school
district contended that plaintiffs' emotional distress was caused, in part, by their
parents' divorces. Finally, the school district contended that Firth was 100%
responsible for any of the plaintiff's damages, as Firth committed criminal acts.

Injuries and Other Damages

  Physical Injuries claimed by Plaintiff:
  Severe emotional distress; post traumatic stress disorder; depression

Special Damages

  Special Damages Claimed - Past Medical: None
  Special Damages Claimed - Future Medical: Future therapy costs
  Special Damages Claimed - Past Lost Earnings: None
  Special Damages Claimed - Future Lost Earnings: None

Additional Notes
Additional note: Defense expert, Dave Cowles, was the Superintendant of
neighboring Vista Unified School District from 1998 to 2006.