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 we can, and i think our

commitment to continue to do that is alive and well, and i think we can work on that to get through another year of hard times. president yee: commissioner fewer? commissioner fewer: thank you, president yee. i want to say that it is with deep regret that we have to send these notices to our teachers. there are some teachers that she is very fond of on that list, and she has encircled. i am sorry. i think this is a terrible situation we are in. and the second issue of this, i just have to say it breaks my heart that george washington carver will lose 58% of their staff. anyway, a thing for our labor partners, you have our assurances that the board and the staff will work hard to bring back every teacher that is on this list, as we have for the past years. president yee: roll call,

please. secretary: thank you. on the amendment by substitution -- [reading roll] that is six ayes. president yee: we do not want to make you vote on that. item m, discussion of other informational issues. we have done that already. item n, calendar resolutions, removed at a previous meeting for a second reading tonight. none of those. item o, a vote on the consent calendar, moved and seconded under section f.

roll call, please. secretary: [reading roll] one, two, three, eight. [reading roll] mr. yee. president yee: aye. item -- where am i. item p, consent calendar resolutions, a discussion for immediate action. i think this would be k. commissioner: i just want to make a comment. president yee: which once again? k7. commissioner: as you know, the reason why i pulled this is

because it was retroactive, but not only that, they required the work to start. it was back in august. it is a small amount, but it is back in august. regardless of the size of these things, we should not be starting anything back in august. i just want to say once again that even though they required the work to start, we cannot start work unless we haven't identified the funds. to start work on funds that have not been identified is unacceptable to me. president yee: any other comments? roll call, please. on item k7. secretary: thank you. burqa [ -- [reading roll] there are six ayes.

thank you. president yee: a, let's go to item q, the superintendent's proposals, first reading. this is on 125-8sp1, the authorization to grant or in the alternative denied the petition for kipp high school. this would be referred to the committee and the budget committee. i am going to move back into the layoff. it was my fault. there is two people on the bottom of the page here, which i did not call. james and patrick. ok. so it is just patrick.

>> button. sorry. hello, i am done. a nine-year veteran -- president yee: i am sorry. what is your name again? >> doug page. i called you on the phone. president yee: is there a patrick here? >> yes, i am here. president yee: right, right. i have got your name. patrick? ok. president yee: hold on. give me a chance to figure this out. is james here? he left. you called in? >> yes. president yee: i do not have your name here. go ahead. >> my name is doug. i am a nine-year math teacher at

the high school, and i want to talk about the case of keeping the department heads. a serious issue. it would almost be laughable that a school could operate without department chairs. what are we all here for? we are here for the students, and at galileo, we have some of the best math scores, and we do it because we have dedicated math teachers, and we put students in classes where they are going to 60. putting students in classes where they succeed involves working with the master schedule, which is in a public high school like building a submarine, it is so complex, and along with that, we have to manage the staff of 13. we have 14 different classes, and replace 2000 students every year. we put them in the right place so they succeed. a lot of this is done by the coordination of the department heads, not just the mathematics department at, but all of the

departments, because they have to work the master schedule. if there is no common planning time, there will be no master schedule. it will be chaos, and it will affect the students, and that is what we are here for. their scores will go down. who takes care of the books? who orders the supplies, who runs interference for the district and the school board? without the department heads, this will not happen. they need the time to work. i, myself, next year and slotted to take over the department head for a department head who is retiring, and i am working with turnout for the transition, and we want this threat, i am wondering how this is going to happen. i know there is a lot of budget issues, but we do not want to be penny wise and dollar foolish. we can cut the money somewhere else. this is going to dramatically affect the school and

dramatically affects student learning, because a lot of students will not get the kind of education and be in the classes they should be in. banks. [applause] >> good evening. i am patrick, and i am the librarian at delaney. i had some notes written down, but i will send it to you. i want to set and what doug has just said. and to put it into context. -- i want to second what doug has just said. this is a move to bypass seniority, the attempt last year, continuing this year, and still under appeal by the union to change the formula for ap funding in the schools, the continued attempt to go after ap funding, and now the assault on

teach your leaders in the school, you are demoralizing your entire teaching staff. i have been in the district for 25 years. i have never seen people so depressed, and is in power, and angry. you cannot do this. you are ruining a teaching as a profession, and this is a particularly egregious example of it. without those department chairs, those battleship comprehensive high schools cannot be steered, and what are you putting your money into? what is wrong with your priorities? president yee: ok. so i'm going to continue with

our next item. where are we? ok. the next item is item r, the board members' proposals, first reading. [laughter] president yee: i will somehow get through this. ok. so this is -- secretary: commissioner yee, there is the petition for the high school. you should have the card there. there was one speaker. president yee: this is for the kipp? i thought, the end of the meeting.