Since the filing of a petition on September 16th with the Fillmore Unified School District to convert Piru Elementary into an independent charter school, there have been a series of incidents in which certain FUSD employees and other individuals have distributed information about the proposed charter school which is either misleading or false, according to Richard Durborow and Chris Pavik, two of the charter petitioners.

In what is apparently an escalation by those opposed to the charter, this past Friday, says Chris Pavik, two of the teachers at Piru School who signed the petition were approached separately by another teacher with close personal ties to the District Office. They were both told by this well-connected teacher that the School Board will not rehire any person who goes to work at the charter school and later decides to return to the District. In addition, one signer was told that the County Office of Education has the list of the signers’ names, and that no other school district in the county will hire them because they signed the charter petition, and the other was told that the Superintendent had said that any teacher who signed the petition, but now withdrew their name, would suffer no repercussions from the District. Says Chris Pavik, “these seem like not-so-veiled threats of intimidation, and they cross the line. As far as the School Board telling Piru staff that there will be no ‘right of return’, I have heard from several sources that such a statement was made at a District administrator’s meeting on last Thursday, that principals were directed by one of the Assistant Superintendents to verbally give this warning to their staffs. Such a statement is tantamount to bargaining away from the table, because that issue is bargainable, and it is illegal for the District to go around the unions and try to negotiate with individual members. I have informed the FUTA President and a CTA organizer of what I heard, and discussed the fact that this is an unfair labor practice, and that the District must stop doing this.” At this time, the petitioners plan to turn over the name of the teacher involved, and the names of those whom the teacher implicated, to legal counsel for possible litigation.

The petitioners first became aware of this apparent misinformation campaign when they learned from a parent of a Piru School student about what was said at a meeting for migrant parents which had been organized by the District at the Colina Vista Apartments community room on the morning of Monday, October 5th. At that meeting, an official from the County Office of Education said that if Piru School became a charter, migrant education services for Piru students could be halted. However, according to the California Dept. of Education, even if Piru School were to become a charter tomorrow, it would be the duty of the County Office of Education to make the necessary arrangements to ensure that Migrant Program services continued for Piru migrant students without interruption. “It is extremely offensive,” said Richard Durborow, “to think that public school officials would prey upon the fears of a group of parents whose children are most at risk, and seek to create fear among them.” The petitioners have contacted the legal counsel of the California Charter School Association, and their attorneys are considering drafting a letter demanding that the District cease and desist from repeating any such false claims in an attempt to manipulate and frighten parents into not supporting the charter school. Chris Pavik, Piru School teacher and one of the petition signers responded, “it is shocking that the District, after false propaganda has been spread to migrant parents, is now planning to divert Migrant Education funds intended for students to pay for a bus to bring these parents to the charter petition hearing, apparently so that they can unwittingly repeat the misinformation they were told at the District’s Migrant Parent meeting.”

The claim that Migrant Funding would be imperiled was repeated in a flier, entitled ‘Save Our School! Say No To Charter!” Several Piru School teachers who have close personal ties to District officials were seen walking through the streets, according to Chris Pavik. According to him, they were seen by other staff members leaving this flier on doorsteps on the afternoon of October 7th, and there were reports that one of these teachers was passing out the flier outside the San Salvador Mission in Piru after Mass on Sunday, October 11th. This flier, portions of which look remarkably similar to the letter written by School Board President John Garnica, which was published in the Gazette the day after the flier appeared, also claims that certain programs and services funded by the District are guaranteed. In actual fact they are not, but are subject to the budgeting process of the School District, and thus can be and, in some cases, have been cut. It would appear that the author of this flier and the Board President collaborated in creating their documents, which contain detailed knowledge of specific school projects and repairs dating back four years. The flier does not indicate who wrote it, or who paid for its printing, but it does use a type font which is typically used in District memos and notices.

During this same week, according to Mr. Pavik, one of these same Piru teachers with close ties to the District Office began talking to the classified employees at Piru School, during the school day, claiming that if the charter was authorized, they would lose their jobs and all their rights and benefits. Mr. Pavik learned from other FUSD classified staff in Fillmore that these claims were also spread amongst classified staff across the District last week. Several classified Piru employees told Chris Pavik that a classified union meeting was held last Friday at Piru School, at which these claims were repeated. “These claims are completely false,” said Mr. Pavik. “They are being repeated by people who have either not read the charter, or who are maliciously trying to deceive and scare people. The charter petition specifically states that all employees, including the classified, will retain their right to union representation, they will keep their current collective bargaining contract, they will have all rights guaranteed to school employees under the California Education Code, they will keep their health benefits and current salaries, and a memorandum of understanding will be negotiated between the District, the charter school and the unions to guarantee the rights of current employees.”

Richard Durborow and Chris Pavik believe that the purpose behind these acts of misinformation and intimidation is to create fear and anger in staff and parents before the formal Board hearing on the Piru Charter Petition at 6:00 PM on October 21st at the Piru School Cafeteria. “I think it is the District’s hope to get a crowd of people to show up at that hearing to denounce the charter petition and urge its rejection, perhaps in order to give the Board some political cover if they do reject it, despite the fact that the District’s own survey last year shows a majority of the community supports having a charter school,” said Pavik. “It’s interesting that this campaign is not attacking what is actually in the charter petition. Apparently no one attacking the charter has actually read it, but instead they are making things up and misrepresenting the exciting educational plan that is actually in the PCS charter proposal.”

How does the Piru Charter School Charter Petition protect current employees?

During the Piru Reconfiguration Committee sessions held in the Winter and Spring of 2009, the entire staff, with input from classified staff, came up with a list of what we called 'non-negotiables', principles that any charter plan must include to be acceptable to the staff. Every single teacher on the staff agreed to these principles. Classified employees were informed of the meetings, given agendas and invited to participate, and those that did also agreed to these principles. The key principles the staff decided upon were:

Salary schedule equivalent or better than FUSD’s
Benefit package equivalent or better than FUSD’s
Pension- remain in STRS and PERS
Due process rights for employees
Union affiliation with local association
Staff participation in governance and decision-making
Staff selects Curriculum
Retain current staff

It is the intent of our charter petition, to the extent it will be within our power, to honor all of these principles.

How does the Piru Charter School Charter Petition address these principles?

Principle: Salary schedule equivalent or better than FUSD’s

Principle: Benefit package equivalent or better than FUSD’s

From the PCS Charter Petition, p. 64:

The terms of the current collective bargaining agreements between the Fillmore Unified School District and its employee organizations shall be in full force and effect as the terms and conditions of employment of the employees of the Piru Charter School at the time it commences operations. Any modification of these agreements shall occur under the auspices of the Educational Employment Relations Act, California Government Code Sections 3540, et seq.

From the PCS Charter Petition, p. 62:

In order to hold and secure experienced staff committed to innovation, PCS recognizes the importance of an attractive compensation package, which includes salaries and health benefits. PCS anticipates having a compensation package that is competitive with what the Fillmore Unified School District offers.

Principle: Pension- remain in STRS and PERS

From the PCS Charter Petition, p. 62:

Employees at PCS shall participate in STRS, PERS, and the federal social security system as applicable to the position. PCS shall inform all applicants for positions within the School of the retirement system options for employees of the School.

Principle: Due process rights for employees

From the PCS Charter Petition, p. 64:

All sections of the California Education Code pertaining to employee rights shall apply to the employees of the Piru Charter School.

Principle: Union affiliation with local association

From the PCS Charter Petition, p. 64:

The employer voluntarily recognizes the Fillmore Unified Teachers Association (FUTA) as the exclusive representative of the Piru Charter School employees.

Principle: Staff participation in governance and decision-making

From the PCS Charter Petition, p. 39:

The Board of Directors, consisting of at least five members, will be drawn from the following sources and at all times will include representatives from these constituencies:
• At least one parent or legal guardian of students at PCS.
• At least two community members (appointed by the Board).
• At least one teacher.
• At least one classified staff member.
• The PCS principal will serve as a non-voting, “member by position”.

From the PCS Charter Petition, p. 41:

Piru Charter School Council

The PCS Council is the administrative unit for the school, its educational program and policy. They make recommendations to the Board of Directors in terms of offering and renewing contracts.

The Council consists of all staff teachers (staff teachers are those who have a board-ratified salaried position), three parent representatives, one classified member, one administrator, and one chief financial officer or business manager. A quorum is defined as a majority of voting members present, which must include a majority of teachers. Though consensus is the goal, decisions can be made by majority vote.

The PCS council will meet in the afternoon after school no less than nine times per school year. It will publish an agenda prior to the meeting.

PCS parents will be encouraged to attend.

Any issue that would put any member of the PCS in violation of Government Code 1090 will be passed on with a recommendation to the Board of Directors.

Responsibilities of the Piru Charter Council

• To maintain the integrity of this charter as the Council makes decisions about the daily operations and procedures of PCS.
• To submit a budget to the Board of Directors for ratification.
• Further responsibilities will be defined during the first year of operation and then each year when needed.

Principle: Staff selects Curriculum

From the PCS Charter Petition, p. 11:

Teachers create instruction, curriculum, assessments, and requirements to meet the needs of all learners, including those who require intervention and those who require acceleration.

From the PCS Charter Petition, p. 14:

Special aspects of the Piru Charter School program will include:
• Site-based decision-making including personnel and budget.

From the PCS Charter Petition, p. 18:

PCS teachers are empowered to utilize creative and authentic instructional methods, while ensuring the coverage of California State Content Standards.

From the PCS Charter Petition, pp. 18-19:

The PCS Leadership Team will meet on a regular basis to evaluate the effectiveness of the curriculum.
PCS reserves the right to modify the instructional program where necessary to serve the needs of the school community utilizing the PCS Council structure and ultimate approval by the PCS Board and consideration as required by law of any need to submit a material revision of the charter petition to Education Code Section 47607.

Principle: Retain current staff

From the PCS Charter Petition, pp. 25-26:

PLAN FOR MIGRANT STUDENTS

PCS will set high standards for migratory children and ensure they have equal access to a rigorous standards-based curriculum. PCS believes that the purpose of Migrant Education is to:

• Support high-quality and comprehensive educational programs for migratory children to help reduce the educational disruption and other problems that result from repeated moves;
• Ensure that migratory children who move among the states are not penalized in any manner by disparities among the states in curriculum, graduation requirements, and state academic content and student academic achievement standards;
• Ensure that migratory children are provided with appropriate educational services (including supportive services) that address their special needs in a coordinated and efficient manner;
• Ensure that migratory children receive full and appropriate opportunities to meet the same challenging state academic content and achievement standards that all children are expected to meet;
• Design programs to help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to make a successful transition to postsecondary education or employment; and
• Ensure that migratory children benefit from state and local systemic reforms. curriculum, graduation requirements, and state academic content and student academic achievement standards;
• Ensure that migratory children are provided with appropriate educational services (including supportive services) that address their special needs in a coordinated and efficient manner;
• Ensure that migratory children receive full and appropriate opportunities to meet the same challenging state academic content and achievement standards that all children are expected to meet;
• Design programs to help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to make a successful transition to postsecondary education or employment; and
• Ensure that migratory children benefit from state and local systemic reforms.

From the PCS Charter Petition, pp. 26-27:

The School recognizes the importance of providing education opportunities to all students regardless of physical challenges or special needs. To that end, the school pledges to work in cooperation with the
District to ensure that the students enrolled in the School are served in accordance with applicable federal and state law. Piru shall follow all policies and procedures of the District’s SELPA in the provision of special education services. The Piru Charter School is a “school of the District” for special education purposes, per Education Code sections 4761 (b) and 47646(a).

The School shall be deemed to be a public school of the District for purposes of special education pursuant to Education Code Section 47641(b). A child with disabilities attending the charter school shall receive special education instruction and designated instruction and services, provided by the District either in-house or by contract with a qualified third-party in accordance with the individualized educational program (“IEP”) in the same manner as a child with disabilities who attends another public school within the District.

A special education agreement will be developed between the District and the School as part of the Memorandum of Understanding which spells out in detail the responsibilities for provision of special education services by the School and the manner in which special education funding will flow through the District to the students of the School. As part of the MOU between the District and Piru Charter School:

• The District shall receive and retain all State and Federal special education funds due to the School.
• The District shall provide special education instruction and related services to Piru students in the same manner as provided to other students of the District.
• The District shall provide funding to the School for any special education instruction or related services provided the School in the same manner as is currently provided to other schools of the District.
• The School shall pay its proportionate share of District-wide encroachment.

From the PCS Charter Petition, p. 63:

District Employees Working at Charter School prior to approval: The rights of District employees working at the Charter School prior to an approval shall be as outlined in a Memorandum of Understanding between the District, the Charter School, and the applicable unions.