. >> nbc bay area's marianne favro joins us from the newsroom. i suppose it's fear the beard in a different sort of way, right? >> reporter: you can look at it that way. pediatricians getting lots of calls for last-minute appointments. that's no surprise. in the san jose school district alone, 3,000 students still need to get their whooping cough booster shot. and school starts august 15. [ coughing ] >> reporter: whooping cough is highly contagious and not something you want to share with the rest of your family, which is why many students are rolling up their sleeves and getting vaccinated again. >> when a student last got their whooping cough was likely around their 5th birthday. and the immunities from that vaccination has warn off. >> reporter: a new state law requires students entering grades 7 through 12 get a whooping cough booster in order to attend school this fall. dozens of students in the san jose unified school district turned in their proof today. that's important since bay area kids are already getting infected. >> whooping cough

nbc bay area's mary an favaro joins -- marianne favro joins us live. when will we know how much the school year is shortened if at all? >> reporter: we'll know december 15, raj, and some schools may be forced to cut their school year by as much as two weeks. more than 32,000 students headed back to school today in the san jose unified schooled. this year they'll have 180 days of class, five more than last year when the district took five furlough days because of state budget woes. >> i think we can assure our parents in san jose unified that there will be no school furlough days in the '11-'12 school year. we have prepared and planned, and we're committed to not making mid year cuts to our programs. >> reporter: other districts aren't so sure. if the state doesn't get the tax revenues it was expecting, automatic budget cuts could force some k through 12 school districts including the evergreen elementary district to shorten the school year by one or two weeks. the concept doesn't sit well with brian wheatley, a teacher for 25 years. >> we realize there

reporting live, marianne favro, nbc bay area news. >>> do you have a boomerang child, is your husband into b bromance. a boomerang child is a young adult who returns to live with their family because of financial reasons. parkour is a new sport that involves leaping over obstacles. and helicopter parenting. someone who is overly involved in their child's life. other words, cougar, fist pump and tweet. >> interesting. still ahead at 6:00, warren buffett to the rescue. how he says he's trying to help save bank of america. >>> also ahead, lawmakers make a decision on a bill that could have released juveniles sent to life in prison. >>> and investigators release a new sketch in the search for a man suspected at the brutal attack at the 49ers raiders game. >> and the first effects of hurricane irene already being felt across the bahamas and onto parts of the southeastern u.s. coast. some statistics on this incominn hugrricane that will likely surprise you and why so many folks there are starting torr board up. >> o stetete ecymeenme tonigrg issued in several eastern states including north

reporting live in san jose, marianne favro, nbc bay area news. >>> marianne, thank you.ack to school now and back to work. just after -- weeks after lawmakers passed a state budget, they're back at work trying to fix it. members of the state assembly and senate were back at their desks amid questions about the sagging tax revenue and less money coming from the federal government. those two factors alone are already tearing huge holes in the budget which was passed in late june. the budget is a built-in trigger. you might recall this. it will launch deeper cuts in december if certain tax goals aren't met. >> this commission broke the law. this commission failed to draw -- >> michael ward's fellow commissioners show no -- he slammed them in a news conference. he was the only no vote on the redistricting commission which today approved the redrawing of lines for the state's legislative districts. ward accused his fellow members of back room deals which they deny. ward and a second republican member were the only no votes on the redrawing of california's congressional distri

i wish i had this 30 years ago. >> reporter: in los gatos, marianne favro, nbc bay area news. >> theosts between $8,000 to $12,000, depending on how many sessions you need. some insurance providers may cover a portion of those costs. >>> in other health news this morning, californians are kicking the smoking habit like never before. a new report by the california department of public health shows the number of adult smokers in the state has hit an all-time low. in 2010 just under 12% of californian adults smoked, down 1% from 2009. now, that number makes california one of only two states to reach the nation's target for reducing the smoking rate. the other state is utah, with 9.1%. experts say the aggressive tobacco control campaigns by state and local governments are a big part of that record low. >>> researchers are discovering new ways to protect our food from harmful bacteria. university of minnesota scientists have found the first natural preservative to inhibit the e. coli bacteria. this peptide, which is proud by a harmless bacteria, could be added to meats, eggs and dairy pro

rocking on in pacifica, marianne favro, nbc bay area news. >> a talented bunch.heir next performance will be august 31st at broadway studios in san francisco, playing for a fund-raiser for brian stow. >> those kids rock. here's video making the rounds tonight. look carefully and you'll see a profile of a face in the clouds. do you believe me? one? canada caught it on camera. do you see it already? here's the cloud turning into the face. no word on whose face it resembles, but tens of thousands are logging on to check it out. >> that's amazing. he's smiling. >> oh, yes, that's pretty cool. you can see the ear, the face. i could stair at that for hours. but we have work to do. widespread temperatures across the bay area. we did have a 90 degree temperature here. and 77 in redwood city. 77 in san jose. 68 in oakland and edging up close to 80 in santa rosa with an official 78. it's still cool to cold for this time of the year with mid 50s here in the north bay. 55 in santa rosa. 55 currently in san mateo. we will have fog but it a es going to be right at the coastlin

nbc bay area's marianne favro is live to explain why. >> reporter: well, a lot of small restaurants here in downtown san jose serve their food in styrofoam containers like this. many restaurant owners are worried about a ban because they say the biodegradable containers cost twice as much. california may soon become the first state in the nation to ban styrofoam in restaurant and grocery stores. it's not a new concept in the bay area. similar bans have been in effect for years in berkeley, oakland, and san francisco. many restaurant owners sit using styrofoam are concerned the alternatives won't stack up. >> the problem is that they don't hold hot sauces. it's an issue when you get takeout food. for us now the foam is the best with the hot food. >> reporter: some customers say they still prefer styrofoam because the green alternatives have left them seeing red. >> when you go in the car and put it on your lap and get home, i see there's sauce coming from the bottom of it. and it ruins your clothes, and just not -- not very effective at all. >> reporter: environmentalists applaud the pote

reporting live in mountainview, marianne favro, nbc bay area news. >> thank you. >>> at a time when so many cities are cutting back on fire protection, today's graduates from san francisco's fire training academy feel not just pride but gratitude. >> congratulations to the 113th recruit class. welcome to the san francisco fire department! [ applause ] >> the 35 recruits worked hard to win their badges today, spending 14 weeks at the academy. both in the classroom and performing tough physical exercises. each class member is also the cream of the crop, beating out more than 5,000 applicants to the academy. this turns out to be the fire department's first graduating class in nearly six years. >>> california teachers could be slipping through the cracks in a criminal investigation. the california commission on teacher credentialing met today to make change in how it handles investigations and revoking kre dmenls teacher miscon -- credentials in teacher misconduct cases. they were blasted for being far behind in track cases of teacher misconduct. the auditor's report cited a backlog of mor

reporting live from san jose, marianne favro, "nbc bay area news." >>> we knew this was coming and now we're getting the details on how it will play out. due to state budget court the san francisco superior court has to change its ways including reduced hours and staff layoffs. office hours will be reduced by one hour per day. 25 of the 63 civil and criminal courtrooms will close, and 200 of the court's 480 employees will be laid off. only three courtrooms will remain open for civil trials causing delays of up to five years in some cases. criminal courtrooms at the hall of justice will remain open because of criminal cases that are priority under state law. >>> they've been convicted of a crime and now they're out on the streets. who is watching parolees? an investigation on how they're slipping through the cracks and being allowed to commit new crimes. >>> symptom amazing video from a southern california beach. buried alive. strangers come to the aid of a helpless teenager trapped underneath the sand. >>> times are getting tough, and that has criminals getting creative. the heavy lift

let's bring in marianne favro, downtown san how sajose with th potential impact on restaurants and customers. >> reporter: here, many restaurants sever food in containers like this. now, many owners are concerned a proposed ban would force them to pay more and get less. whether you are ordering to go or taking home leftovers, not all containers stack up. just ask jennifer rubino who had a bad experience with the recycleable box. >> i put it on my jeans. i noticed all the sauce was dripping on my pants. >> which is why some customers are concerned about a possible statewide ban of styrofoam in california. sure the 100% recycled paper board containers are green, restaurant operators fear added expens will lea expense will leave thecm in the red. >> this woman fears a statewide ban may create more problems for the environment. >> if the amount of production increases significantly in paper products, that means more trees will be cut down. so those kinds offal balances need to be taken into account before an all-out ban is declared. >> reporter: environmental advocates say plastic foam contains

marianne favro, nbc bay area news. >>> still ahead at 6:00, will they or won't they shut off your phone? b.a.r.t. outlines its new cell phone policy in the wake of numerous rowdy protests. >>> also ahead, a significant change to a bay that dtiaton that des batack more than 100 years. how the community is responding. we're back in a moment. [ female announcer ] at the jcpenney as big as it gets sale, find 50% off all arizona tops and bottoms for back to school! check out our biggest 4 hour steals this saturday! save 50% on flannels for guys, jeans for kids, tops & bottoms for juniors, plus schoolbags, too! the savings get even bigger with jcp cash! earn $10 off when you spend just 25! no exclusions! unlike other stores, we don't make you come back to save! go to jcp.com to see everything on sale. we make back to school style affordable. you make it yours. jcpenney. >>> last night we told you about the big changes coming to the bay area's newspapers. they plan to consolidate more than a dozen papers and layoff 120 employees. >> joe rosato jr. visited the oakland tribune, a newspaper rich