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REASON FOR REVIEW

The Grand Jury was approached by members of the Juvenile Justice and Delinquency Prevention Commission concerning the operation and condition of the Amador County Community School (ACCS), also known as the Court School.

BACKGROUND

It is important citizens are aware there are two separate offices operating from the Amador County Unified School District (ACUSD) facility. One is ACUSD, and the other is the Amador County Office of Education (ACOE). ACOE has jurisdiction over alternative schools, such as ACCS, and special education programs. ACUSD controls all other schools within the County. The Superintendent of ACUSD also serves as the Superintendent of ACOE. Each has its own separate budget.

In the early 1980's, Assembly Bill 90 was approved providing funds for the Department of Education to create court schools. Previously, court schools were only in juvenile halls. The court school system was funded by the legislature specifically to provide special services as part of the State's overall education and delinquency prevention/intervention program. It wasn't until the early 1990's that ACUSD took advantage of AB-90 and created a court school system.

ACCS receives students through the Student Attendance Review Board (SARB), Amador County Probation, and ACUSD expulsion referrals. It is the job of ACCS to help students continue to work toward earning their diploma while being taken out of the regular curriculum.

ACOE receives approximately $2,500 more Average Daily Attendance (ADA) money per student, per year, than ACUSD receives for a student enrolled in regular school. Annual ADA funds for a community school student are approximately $7,600. The funds are prorated according to the student's length of stay in the ACCS system.

When ACCS started, it was an integral part of the Independence High School (IHS) campus. The ACCS room simply served as a homeroom for those students who were designated as ACCS students. The ACCS students rotated to other classrooms in the same manner as the IHS students.

This arrangement worked until IHS moved to its current location on Independence Drive. After the move, the ACCS students were housed in one portable classroom on the IHS campus and no longer rotated to other classrooms.

During this time, the State Office of Education decided court schools should be housed in separate facilities, apart from regular educational campuses. Further, funding was to be kept separate, and staff would have to work for the ACOE instead of ACUSD.

In January 1998, ACOE entered into a six-month agreement with a private owner to lease property adjacent to IHS. The current lease agreement is on a month-to-month basis at $1,350 per month.

The IHS principal remained in charge of ACCS. However, funds continued to be co-mingled with ACUSD funds.

At the beginning of the 1999-2000 school year, a new, part-time ( 1/3 of the salary paid from ACOE funds) ACUSD administrator was assigned to oversee ACCS. Presently, staff at ACCS consists of one part-time principal, one full-time teacher (this position has been vacant since November, 1999 due to illness), one full-time substitute teacher, one Instructional Aide and one Secretary. A Probation Aide was assigned in March, 2000, and a Mental Health Counselor was assigned on April 25, 2000.

ACCS enrollment averages 10 to 18 students who attend school from 8:25 am to 12:36 pm.

METHODOLOGY

Persons interviewed:

1. Superintendent of Schools
2. Assistant Superintendent of Schools
3. Chief Business Official
4. Principal
5. Teacher
6. Substitute teachers
7. Secretary
8. Instructional Aide
9. Chief Probation Officer
10. Former Chief Probation Officer
11. Director of Maintenance
12. Juvenile Justice and Delinquency Prevention Commission members
13. Students

Documents examined:

1. 1999-2000 ACCS Budget
2. 1999-2000 ACCS Work Order Requests
3. 1998-1999 ACCS Financial Report
4. Lease agreement
5. Education Code, Section 48900
6. Education Code, Section 1982.3(a)
7. 1999 Revenue and Limits Guide to School Finances in California
8. Juvenile Justice and Delinquency Prevention Commission's reports and photographs
9. Letter dated November 9, 1998 to ACCS Vice Principal from ACCS teacher

The Grand Jury conducted nine onsite visits to ACCS and took photographs of the school facility and campus.

FACTS

1. The buildings which house the students do not appear to be safe and exhibit the following:
   a. Main school facility
   • Double doors in back are chained shut
   • All windows on rear wall are barred
   • Several holes in walls
   • Electrical outlets exposed
   • Library room used for storage of old books and curriculum material
   • Graffiti on walls inside facility
   • Roof leaks
   • Bathrooms have construction materials stored in shower stall
   • Kitchen ceiling has large hole that leaks when it rains
   • Kitchen oven doesn't work
   • Kitchen refrigerator dirty
   • Dry rot and mold under kitchen sink and in cabinets
   • Large holes from water damage in Staff Room ceiling
   • Staff Room being used for storage of obsolete books and curriculum material
   b. Computer Lab (Portable Classroom)
   • Room smells of mildew
   • Dry rot and holes in floor
   • Exit door has handle removed, and blocked by files
   • Holes in ceiling
   • Water leakage from roof when it rains
   • Unsafe stairs
   • Mold under carpets
   • Carpets buckling and tearing
   • Water damage on carpets
   • Room being used to store obsolete computers and curriculum material
   • Computer tables are sagging
   • Electrical extension cords lying across floor where students walk
   c. School grounds
   • Trash on playground area
   • Filled trash bags lying on grounds behind school room for over a year
   • Barbed wire used to mend fencing around school
   • Electrical conduits protruding from asphalt and lying on ground in play area
   • Steel pipes and other metal obstructions throughout play area
   • Metal roofing lying on ground in play area
   • Metal pipes wrapped around basketball poles and protruding straight out into yard area
   • Large holes in fencing around play area
   d. Office (Portable Building)
   • Roof leaks
   • Not properly secured from unauthorized entry
   e. Adjacent Property (approximately 100 feet away)
   • A swimming pool that has been partly filled with dirt, and has standing water in it when it rains, is not gated
   • Protruding pipes and electrical conduits around swimming pool area
   • Education Code, Section 1982.3(a) states, "Any amounts received by a county superintendent of schools for revenue limit purposes that are derived from the average daily attendance generated by pupils enrolled in a community school shall be expended only for community school purposes."
   • Funds derived from ACCS are commingled with ACUSD funds.
   • ACOE funds are paying approximately 33% of a Principal position.
   • ACOE funds are paying 100% of a Secretary position.
   • ACOE funds are paying 33% of a School Counselor position.
   • ACOE funds are paying 25% of a Librarian position.
   • The teacher has been on sick leave since November,1999.
   • ACCS has worked wit full-time substitute teachers since November,1999.
   • The full-time teacher recently returned to work two days per week.
   • A Probation Aide was assigned in March, 2000.
   • A Mental Health Counselor was assigned on April 25, 2000.
   • Students attend ACCS only four hours per day.
   • Additional ACCS funds are available to ACOE if students attend six hours per day.
   • School Counseling and Librarian services are not being provided.
   • Although 1/3 of the Principal's salary is budgeted by ACCS, it has been reported the Principal devotes minimal time at the school (approximately 5 to 8 hours per week).
   • Grand Jury members observed a lack of supervision on the playgrounds.
   • Only ten Work Order Requests have been processed for the current school year.
   • Students may become violent.
   • In 1998, the teacher submitted a written request for a security system to the former Vice Principal. However, no security alarm system has been provided for the classrooms or office building.
   • No intercom system exists between buildings.
   • Grand Jury members observed students smoking cigarettes on the school grounds.
   • Students have no after school bus service.
   • A report reviewed by the Grand Jury indicated a former ACUSD administrator, who was subject to disciplinary action, was reassigned to ACCS.
   • Staff members report they have attempted to discuss safety hazards and security problems with the Principal, to no avail.
   • Some ACCS staff members met with the Juvenile Justice and Delinquency Prevention Commission in an attempt to correct problems at the school.
   • ACOE is attempting to find a new location for ACCS.
   • The Juvenile Justice and Delinquency Prevention Commission, as an advisory group to the Superior Court, has been involved with problems at ACCS.

   CONCLUSIONS

   1. The school facility's physical condition is unfit to house students.
   2. Although ten Work Order Requests were submitted this year, none dealt with the major repairs needed, or possible hazards on the grounds.
   3. Since the office building has been broken into on two different occasions, and confidential records are maintained in the office, a better method of securing the building is needed.
   4. Chaining the back double-doors creates a safety hazard for employees and students, and may be illegal.
   5. The portable housing the Computer Lab Room is in total disrepair and should be condemned.
   6. The open pool area on the adjacent property is not only a safety hazard, but also a potential liability.
   7. The ACCS budget is not clearly defined.
   8. ACUSD is in violation of Education Code Section 1982.3(a) by inter-mingling ACOE and ACUSD funds.
   9. Librarian and School Counselor positions are budgeted for ACCS, however, services are not being provided.
   10. The Secretary's position is funded 100% through ACOE, however, approximately 90% of her work is for ACUSD.
   11. Funding for ACCS can be increased by having longer school days.
   12. A full-time teacher should be assigned to ACCS.
   13. The Principal's allocation of time for staff and students is inadequate.
   14. After talking to staff members, it is apparent they have attempted to discuss problems with the Principal. However, few of their concerns are addressed by the administration.
   15. Students should not be allowed in the play area without adult supervision during recess.
   16. Most students assigned to ACCS are "at risk".
   17. Because ACCS does not have an alarm or intercom system, teachers and students could be in danger. In 1998, the teacher submitted a written request for a security system to the former Vice Principal. To date, a security system has not been installed.
   18. Because students get out of school two hours earlier than other students, no after-school bus service is available. The students must wait for two hours for the IHS bus, walk home, or pay for public transit, which many cannot afford.
   19. ACCS is in violation of Education Code, Section 48900, by allowing students to smoke cigarettes in and around school grounds.

   RECOMMENDATIONS

   1. Due to its deteriorating condition, the ACCS facility should be relocated.
   2. If a move is not imminent, Work Order Requests should be processed immediately to alleviate hazards in the school yard and clean up the buildings.
   3. Request a health and safety inspection of the Computer Lab portable classroom for possible condemnation.
   4. Install a security system to protect employees and students.
   5. Remove obsolete computers.
   6. Require supervision be present on the grounds when students are outside.
   7. Develop a detailed budget exclusively for ACCS that is discernible.
   8. Increase teaching from 4 to 6 hours to provide better educational opportunities. This would also allow students to have bus transportation home.
   9. Remove the Librarian and School Counselor positions from the budget, since services are not being provided.
   10. Since the Secretary spends 90% of the time working on ACUSD projects, funding should be moved to that account. Actual hours spent on ACCS projects should be billed to ACOE.
   11. Properly secure the Office portable to reduce the risk of vandalism.
   12. Increase supervision to ensure Education Code, Section 48900, is adhered to.
   13. The adjacent property owner should be required to secure the swimming pool area.
   14. Evaluate the work performance of the Principal to ensure ACCS has proper supervision and that he is responsive to the educational needs of the students.
   15. The Juvenile Justice and Delinquency Prevention Commission should follow up and monitor the Grand Jury's recommendations by creating a task force made up of ACUSD personnel, the Probation Department and the Courts.

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