teacher. in fact, we were teaching the same subject in the beginning and worked very closely. this teacher and i have spent many hours at school on weekends and nights, working together, collaborating at times, helping each other out, in giving different ideas. each year, as our eighth graders prepared speeches for graduation, many of them mentioned this teacher in their speeches. they even share memories from the time in her classroom. it is just unfathomable that we would be consolidating a teacher that has such an exemplary record in the classroom and is so well-liked by her students, and it is just the kind of teacher we need there in the mission is known to continue the work as long as we possibly can. she has helped us to increase our test scores overall every year, almost every year since she has been at that school.

>> ok. are we giving names? do i tell you who i am? president yee: you are mr. johnson. >> yes, johnson. it really seems that this teacher is being targeted because of activities and also for being outspoken. but we have to understand what is important for the kids. we are in danger of losing an outstanding teacher, ok, when we are talking about an english language arts program in a bilingual school. we have, this teacher has been denied an opportunity to get a waiver, whereas there are other teachers at our school who are in the process or have been given clearance to receive a waiver. she contacted h.r. and was given

the green light and was given like three options, and when this information was told to our administration, all of a sudden, she has a new obstacle. ok, so we want to pass out -- we have got petitions on our staff where we have 80% of our staff to sign the petition. we want to pass that out as well as timelines leading up to the consolidation. thank you. president yee: thank you. [applause] president yee: we will move on to item k, the advisory committee reports, appointments to the advisory committee by board members. in the appointments? seeing none, item l.

superintendent or -- no. this is an action item. the subject is a resolution with respect to certificated layoff during proposed decision and to issue final certificated layoff notices. is there a motion? [laughter] commissioner: i will move it. president yee: who is going to set and it? commissioner -- who is going to second it? commissioner: i will. president yee: who will read it? >> she will read it. >> a proposed decision and to issue final certificate and layoff notices. i will read the important parts of the resolution.

whereas, pursuant to the education occurred sections, on february 28, 2012, the board of education adopted resolution no. 122-28. a resolution to decrease the number of certificated employees due to reduction in particular kinds of services. a copy of which is attached as an exhibit a, as incorporated. these layoff notices were sent to such certificate employees, which allowed -- stated that they were allowed -- april 4, 5, 9, 10, 12, and 13, 2012, before administrative law judge melissa, to determine whether cause existed for the non

reappointments of certain certification employees, and whereas as a result of the lay off hearing, be administrative law judge issued a proposed decision, attached here to as exhibit b, dated may 7, 2012, proposed, which authorizes the board of education to reduce the certification its staff of the district bought a total of 333 full-time equivalents, and whereas the board of education has duly considered the proposed decision and finds that said proposed decision should be rejected in part and adopted in part with one section and a government code section, and whereas the one of education has determined that it has a

specific need to deviate from seniority and skips certificate employees in the superintendent's designer who have special training and experience to teach a specific course of study, now, therefore, be it resolved that the proposed decision sets forth in exhibit b is hereby adopted in part and rejected in part as a decision of the board of education in san francisco unified school district. the proposed decision is adopted in part with the exception of the following provisions, findings 11, 12, 16, second paragraph, 18, 20, 24, and 25. legal conclusions 2, 3, every war, and five, and be it further resolved that a total of no more than 123 full-time equivalent seats in administrative services

and no more than 210 full-time equivalents in instructional services, as set forth in exhibit because a shall be no later than the beginning of the 2012 to 2013 school year. be it further resolved that due to lack of funds, the certification employees identified in exhibit b shall not be reemployed for audience in the 2012-2013 school year, and be it further resolved that the district superintendent or the designated representative is hereby directed to send final notice that services will not be required for the 2012-2013 school year to the certification employees identified in the exhibit c, in accordance with certain sections, and the proposed decision is expected in part and rejected in part by the board. be it further resolved that this

resolution and the adoption of the proposed decision is rejected in part and up held in part by the board, is effective immediately. >> we are here tonight to finalize the certificate and layoffs. before you, you have the proposed final certificate layoff notices. tonight, we're asking you to adopt the proposed decision by the minister in a lot judge in part, rejecting the judge's determination that the skipping of the 65 junior teachers in the superintendent's zone is valid. this decision authorizes the board to reduce the certification its staff by a total of over 300 fte, including 123 administrators. however, the judge rejected the

board resolution and concluded that the district has failed to sustain its burden of proof in order to justify the skipping of the teachers in the superintendent's zone. we recommend that the board's stand by the original resolution and the determination that the district has a certificate need to deviate from seniority pertaining to those in the superintendent's zone. the district has made two investments with training and selecting students in these zones to let them go. the results so far this year on benchmark exams show the reforms are working. if we do not take this action, the schools in the superintendent zone will be disproportionately impacted by layoffs at a rate greater than four times than the rest of the district, which is one out of three districtwide that would receive notices are in these 14 schools, the superintendent's design. it remains unfortunate that any

action at all is required in this matter, because we have no agreement. we are not able to reduce the number of final notices to teachers compared to the initial resolution. we're recommending that you send 218 final notices to certificate of staff, 210 to teachers, and eight to administrators. if you approve, we will mail final notices -- president yee: excuse me. can we let him speak? and you will get your chance. >> if you approve, we will file notices by may 15. as vacancies become available, we will immediately begin the recall process. these laid-off teachers will have rights to positions, and it is our hope that these teachers will be returned to our classrooms as soon as possible. my staff and i are standing by to answer any questions you may have.

president yee: thank you. so we have some speakers from the public to have signed up for this item. mr. kelly? roberto? susan? you have two minutes each. >> hello? ok. good evening. my name is roberto, and i work at paul revere, special ed, and i came here tonight with a very hard, heavy heart, to talk to you for, what, the 20th time? i have been around. i need to stay to you, stop the

bleeding. stop the layoffs. get all of those teachers back to where they belong. we cannot do a better job with less teachers. take, for example, third grade math. there is enough money there. if he can do it, you can do it, so get it back. thank you. [applause] >> good evening, ladies and gentleman of the board. mr. yee. my name is dennis kelly, and i am president of united educators of san francisco. b. administrative law judge's decision was a well reasoned want, well substantiated. and you will know that it will cost the district millions of dollars if you accept this this

mean to burgeon that is being proposed by staff -- to accept this mutant version that is being proposed by staff. we hope he will consider the minister in a law judge's decision in its entirety and not the mutant version. the advice you were given regarding seniority failed to stand the test when subjected to objective judicial review. it is not a cause for joy and celebration for us. all it means is that you are a firing squad over here, and it gets to reorder its targets. this kind of target practice is wrong, and you know that. if you are relying on the and vice you are getting from the people you are dealing with now, then know what kind of trouble you are in. let me give you an example from earlier tonight. what was the two-year projection

from your deputy superintendent two years ago? did he tell you that you would not have need to that had any employee contribution over the past two years, and you would still come out breaking even prove you did not hear that from him. he projected huge deficits, just like again tonight. you have seen them tell you that your lay off advice was wrong. you have seen that the deputy superintendent projections have been wrong. what makes the advice you have got now any more credible? we do not want layoffs. we certainly do not want layoffs based on the bastardized proposal you have heard tonight. we believe you have two choices. to rescind the layoffs entirely or to choose to follow the law and not this kind of cowboy version from your discredited staff. thank you.

[applause] >> hello, i am susan, a secretary at -- be a minister in a law judge findings was that the districts fail to establish all of the necessary elements as set forth. i read it. there are factual findings number 11 to 25, legal conclusions number two to four. this has not been established to do this. it is painful enough. it is wrong enough to sit here that there have to be any layoffs at all, because we do not even believe that much, but did -- but to then say that seniority does not have to be regarded, that experience does not mean anything is beyond painful. enough is enough. there is no proof. i have to ask myself if you vote

for this, if you really want to fight, if you vote to uphold this skip, that is the only conclusion we can draw. we are often referred to as the district's labor partners. it is true that we are the labor. we are the ones to do the work. we are the ones in the classroom with the students, but do you know what? if you uphold this mutant, as mr. kelly said, from the advice of the administrative law judge, we will still be the labor. we will be the war, but we will not be your partners. [applause] president yee: any comments from the board? commissioner maufas? commissioner maufas: thank you.

just, in reading the resolution before us, i will make two statements. really, in the last, i think it is -- on page 7, the board has determined that it has a specific need to deviate from seniority and skip the certification employees in the superintendent's as though, that was a vote, and i did not determine that, so i want to make it clear. i was not a part of that decision. i said no to that, and unfortunately, what is tied into this resolution and not separated out is the administrative law judge's decision, but also layoffs, and i support the administrative law judge's decision but did not support the layoffs, so i will be voting no on this in its

entirety, and i wanted to explain this in its entirety for those folks in the audience and those listening at home. president yee: any other comments? i would like to amend what has been proposed, the language of this, and i believe that we may have something in order for an amended version. general counsel? general counsel: i am language, which i will distribute momentarily. the amendment should be read as is proposed here as replacing the motion that is in front of the board.

president yee: i asked for an amendment, so i guess i need a second, do i not? general counsel: this is the resolution that was currently read and replace it in its entirety. >> i believe the parliamentarian has a point. >> before the second, you need to have the amended stated. president yee: thank you very much. which you state it for me, in terms of what you have there? the changes? >> resolution to adopt certificate layoff during proposed decision and to issue final certificate and layoff notices, whereas bressoud 2

education code sections 44-9, 49, and 44955, in february 2012, the board of education adopted a resolution no. 122, a resolution to decrease the number of certificated employees due to reduction in particular kinds of services, and whereas a certificate of layoffs hearing was held on april 4, 5, 9, 10, 12, and 13, 2012, before an administrative law judge, melissa, to determine whether cause existed for the non reappoint of certain certification employees, and whereas as a result of the certificate and lay off hearing, the ministry of law judge issued a proposed decision attached here to as exhibit a dated may 2012, proposed decision, which authorizes the board of education to reduce their

sophisticated staff -- the certification its staff, and whereas the board of education has to be considered the proposed decision, including administrative law judge's factual findings and legal conclusions, and has determined the proposed decision gives insufficient weight and consideration to the unique and compelling educational needs of students within the superintendent zone schools, to districtwide inequities in education opportunities and outcomes based on geography, socioeconomic status, and ethnicity, to close the achievement gap in the district's educational programs, and to demonstrate success of the superintendent zone schools and responding to these needs and improving educational outcomes, each of which the board finds to be established by the evidence in the record,

and, now, therefore, be it resolved that the proposed decision set forth in exhibit a is hereby adopted as a decision of the board of education of san francisco, the school district, immediately, and be it further resolved that due to lack of funds, the certificate employees identified in exhibit b shall not be reemployed for the ensuing 2012 to 2013 school year, and be it further resolved that the superintendent or designated representative is hereby directed to send a final notice that services will not be required for 2012 and 2013 school year to the certification employees identified in exhibit b in accordance with the education code sections, and the proposed decision. be it further resolved that this resolution and the adoption of the proposed decision is effective immediately.

president yee: so once again, i would like to submit this as a substitute motion, so i need a second. commissioner: i will second. president yee: yes? commissioner: an amendment by substitution? >> yes. president yee: whatever it is. any discussion? vice president nordemann -- norton? >> it has been a lot of ups and downs the last few months. i think that this board tried to do something noble in really supporting our superintendents of schools in a way we have not done in the past, and as president kelly has pointed out,

the administrative law judge did not see or agree with a lot recommendation we were given, so at this point, i feel is best for us to move on and concentrate on other ways to continue to support those schools, because the needs of all of the schools, not just the 14 schools and the superintendents know, but all of the schools remain, and i believe that there are other things that we can do to continue to improve the program at those schools, and i hope that with this action, it is not particularly happy to continue to vote for layoffs. i have that now we can, with our partners, continue to talk and hopefully reach an agreement that we all can live with. president yee: commissioner

murase? commissioner murase: i have to say, this is the worst part of this job. nobody wants to issue layoff notices. we take no joy in letting 333 folks in the district now that they are going to be laid off, but i do think that looking at the budget situation and the projections of a $123 million deficit in the next few years, if we do nothing, we are looking at a negative certification by the state superintendent of schools and a possible state trusteeship, so in the absence of solid numbers from the state on what we are going to receive, i see no choice but to have to make this very, very difficult decision. president yee: commissioner wynns?

commissioner wynns: thank you. we have all been through a lot. this has been extremely difficult for all of us. i am hoping that we're going to find a way to work with partners in the community and others to help us to come up with strategies to address some of the ongoing issues as the low performing schools, including the issue of high teacher turnover. for us, the best for everybody would be if we never had to lay anybody off, but given the budget realities, no matter how much many people, including some of us here, are trying to address that, and even it, truthfully, even when we do not lay people off, these are the schools that tend to have tight

turnaround -- something we want to find some strategies on how we can address that, so i think that is what we are going to need to do, to talk about that and to continue, sadly, to address some difficult realities. i, too, would wish that we could meet our financial obligations without sending any layoff notices. i think our arcane layoff procedures are difficult for everybody, and we ought to be talking about what we can do to change them, because, sadly, even if it is not us, at some time in the future, people are going to have to address this again, and it does not work the way it is now. it does not work for the people involved. with the usual, and sadly too usual, often have the heart.

president yee: excuse me. you're going to have to leave the room. you are going to have to leave the room, sir. thank you. >> i will see you. president yee: i will see you there. thank you very much. commissioner wynns: so, sadly, i will have to support this, but i appreciate the amendment. president yee: commissioner mendoza? commissioner mendoza: i want to address the layoffs, which every year continue, and i think we can continue to fight the state for what they do to us on a regular basis and to continue to

find other resources at the local, state, and federal level, and there is not a whole lot we can offer up on that. the other issue in this resolution is about the order. of the layoffs. and i think prior to the ruling from the ministry of law judge, we were thinking primarily about continuity and consistency for the schools that have been most challenged, and i still feel like we need to have ways to find continuity for our schools, and i hope we can all work together to find ways to support not only our schools and the superintendent zone but the 25 that are the schools that are of the most hard to staff and to find ways to support our teachers, because this is not about bringing them down. it is about supporting them the best w