commissioner wynns: thank you. just thought we should inform the board about our discussion. >> it is a concern that it is the delegates that can do the appointments and so we would ask the student advisory council? >> within the student advisory council, after we look at the original resolution, can the student advisory council, through the youth vote council -- here is an opportune to the remains empty. -- an opportunity to fill that which remains empty. >> so you are going to wait until later to propose that? >> you are not exactly sure how the system worked. we are not sure whether we were to pick something from a certain group or anyone we wanted. >> that is not like -- not unlike many of the processes. commissioner wynns: even in the past when we have had people appointed, we have not have full participation. we need to work toward further student participation. commissioner fewer: thank you to the members of the cac. having served for many years, i know it is many volunteer hours. thank you for the good and

commissioner wynns? commissioner wynns: i just want to clarify or ask the superintendent to clarify that not only what's in our budget projections that we've looked at, but just to be clear for me that the budget numbers that we presented to the administrative law judge include spending all that $18 million. superintendent garcia: yes, it does. i mean, maybe i should elaborate a little bit. i mean, i keep hearing this all evening. the reality, folks, as much as i hate saying this, if you add the $18 million from both the rainy day fund and the jobs bill and luckily we didn't use it because we're carrying it over for next year. even with that, the amount of cuts that we're going to have to make in the next two years will be $84 million in addition to that. so, you know, i hate this meeting every year. i think it's an absolutely deplorable meeting. but the reality is that we don't even know what our budget's going to be for next year. that's just the fact. there's the main revised comes out monday. unfortu

commissioner wynns? wynns wynn since it's not on the agenda, i can't report on the ad hoc committee on student assignment that took place last night but i want to announce that the next meeting of the student assignment meeting will be may 31 at 6:00. president mendoza: the next buildings and grounds meeting will be monday may 23. are there any other committees coming up, budget? do we know the next budget meeting? or the next curriculum meeting? we announced that? sorry. do we know when the next budget meeting is? >> the next budget and -- i mean, budget and business committee meeting will be on thursday, may 26. president mendoza: thank you. and we have a labor ad hoc. >> yes, tomorrow at 4:00. president mendoza: any other committee meetings scheduled? o.k. >> isn't that enough? president mendoza: and then any of the reports -- any other reports back from -- any other -- anything -- on anything. i do want to congratulate the san francisco school alliance for a very successful luncheon today. it's great

chairperson wynns: thank you. i do want to point out we have never gotten to that discussion except to say in passing that giving students opportunities to learn more than one language is not only an immersion strategy. we have so far behave as if it was only an immersion strategy. i would like it if we would have somebody talk to us about other language acquisition strategies. something besides -- wall-to- wall immersion is not possible for every child, and is difficult in the foreseeable future. again, i want to thank everybody for coming. i really want to say that nobody wins the "i am tired of talking about this" contest from me. but i am so appreciative of the sustained commitment from the community and the parents engaging in this enormously complex policy issue over a long, long time. you are still here not only tonight, but after months and years. we appreciate that and need you to continue to do that. thank you very much. meeting adjourned.

there is a second argument that judge wynn was getting at was the necessary and proper clause argument. >> when i read the government's brief, it seemed to me that the government regarded the necessary and proper clause as sort of congruent with one portion of the commerce law and is that the government's position, or do you think that something could be unconstitutional or not past commerce clause analysis and could still be saved by the necessary and proper clause. you come into this problem

commissioner wynns: aye. vice president yee: aye. president mendoza: yes, except on items k-2, k-4, and k-5 which are retroactive. item p is the consent calendar. the items that were set by the board for discussion. immediate action, let's see. we had item k-8, i believe. it looks like commissioner norton and fewer. either of you guys want to comment? >> if i may. i think the question i had on this was that i wanted to know how many students this 15 million, that's kind of hard to get out, 15 million goes for, like how many students does this represent? and i also wanted an accounting of the racial breakdown and wanted to know a little bit about students' disabilities and why we are unable to serve them in our district. president mendoza: and commissioner norton, you had questions on this as well? northr in the i think commissioner fewer's questions are all excellent and i would like to know the answers to those and in addition i would just like a little bit of an explanation for why some of these scrools so far away -- schools are s

commissioner wynns: i want to clarify something. twice, the funding has been mentioned as being $30 million. since voters voted for $60 million, i think we ought to explain that the funding is supposed to be $60 million a year. only $40 million of that through the first third and the third third would be under the control of the school district because of budget issues at the city. that has been reduced so it actually is $30 million. that does not include the one- third that goes too early education. just so voters do not think they voted for 60 but it is really only 30, once we get there it is supposed to be $60 million, $40 million of which is in the control of the school district. president mendoza: thank you. any other comments from board members? i want to thank you as well. it is one of the first bodies i sat on as well. i encourage you to participate in the joint committee meeting we have twice a month as part of the presentation, to be sure we are -- you are recognized there as well, especially as this is coming into a sunse

chairperson wynns: i will finish by thinking everybody for coming. there is not enough thanks for the pac and pps. we will keep saying that every time you see us, and forever, i hope. i appreciate that. also, i want to just recognize -- i just don't want genie to think we are ignoring everything you said to us. i think it is a lot to digest. i am sure the rest of the board will be thinking seriously about that. i am sure we will have many more conversations about the work you are doing. i want to thank everybody. >> thank you. just to make sure we are clear, one of our intense this evening is to get direction from the board. -- one of our intents this evening is to get direction from the board. while we appreciate the community input, the nuts and bolts will be done by staff. we need to know and be very confident that the direction of the board is to continue to move forward to put some meat on the bone in terms of what equality middle school will look like, the specific plans for equality middle school, and to explore, perhaps, a different alignment

commissioner wynns:. i also wanted to thank you and remind everybody that the assignment committee will meet on may 9 here. that will be our first meeting of the year but one of the main topics of discussion will be the middle school proposed pattern. so i hope that your findings will be forthcoming at that meeting or before and that also you'll be there representing to be part of the discussion because we need everybody to come and be in on this. commissioner fewer: yes. i attended two of the sessions and the ones that i attended didn't have a lot of people there. and so i'm glad that you held them at elementary school sites in targeted areas. i think that was a good thing. thank you for assisting us with this and i look forward to hearing about the report. president mendoza: thank you. i want to thank you as well. some of the cause we've been getting are from those who say they are grateful there was a place for them to come and be able so to share their thoughts and ideas. so you've helped me with my e

chairperson wynns: thank you. i just want to say we are not engaging in a dialogue. anyone is welcome to talk to anybody here. commissioner murase: i really do want to thank the pac and pps. the good news is people care. the good news is people came out. they stated their preferences. we are very thankful for that level of engagement. i think there is a difference of opinion in whether the feeder pattern is a strategy for quality middle schools. i think the people who are opposed are not necessarily seeing the result in quality middle schools, but for those supporting it is a strategy. i personally believe it is instructed to form -- for quality middle schools because it articulates our language instruction. we spend millions of dollars offering korean, japanese, cantonese, spanish in elementary grades. what happens in middle school? it is very hodgepodge. in the case of japanese, we have basic japanese at one middle school, and one semester at another middle school. after two schools have been training k-five kids in japanese. and very problematic in middle schools.

commissioner wynns: yes. commissioner fewer: yes. commissioner maufas: yes. commissioner murase: aye. commissioner norton: yes. vice president yee: aye. president mendoza: yes. >> that's unanimous. president mendoza: congratulations, lisa. >> so i just -- goodbyes are not my thing. so, i'll be seeing you very soon i'm sure in many way shapes or form as i wrote to a couple of you. i'm only a text or an email away. i think that as every job, i've been working for about 25 years now. this has been by far the most important and meaningful work that i've ever had a chance to do. and why it's as important as it is is for our kids. as a first-generation college-going person, i know the difference education manges and in our city, we can and will be a world class education system for our kids. because we can do it. and how we do that is shoulder to shoulder and if i leave here topped today and it's bittersweet because i've now figured out how things work, it takes a little, while -- a little while, and when i see everybody that i've worked with, that's the rocket fue

wynns, thank you, mr. yee? ms. mendoza, ms. fan, ms. creer? >> if you'd like to please join us for a pledge of allegiance. [pledge of allegiance] vice president yee: there's no approval of minutes, o.k. so we're going to start with item a, approval of board minutes, there are none tonight. b, presentations to the board of education superintendent's report. superintendent garcia. superintendent garcia: thank you, good evening. it seems ironic with all the activity and we want to salute and give a shout out to all of our employees who went to sacramento to stand up for children and i think we really want to recognize their endeavors to go there because that's a lot to do and they're fighting a good fight and it seems ironic that while we're making these cuts and talking about these horrible things throughout the state that tomorrow, may 11, we celebrate both california day of the teacher and national school nurse day. i've always said that in education, the most important thing in education are the people actually out there doing the work so we

commissioner wynns: i just wanted to very quickly mention an event that i was able to attend last friday which was kind of ribbon-cutting, i guess, for the project at gordon j. lowe which is a joint project with a number of city partners including the public utilities commission which is rainwater collection project, where water is collected off the roof of the school, held in sis alternatives, comes down a pipe system and is used to warden the gardens, -- wattwater the gardens, one of those that i was amazed and pleased we were able to do at all, gibbon the neighborhood and the size of the school yards. so it was really quite extraordinary and a mural describing the sistern and water collection system. this is a project, one of our green school yard partners, but it's a living library project. and it was rling amazing and there were a lot of people there and i think we do a lot of wonderful projects just of this nature except what's unique about this is that it was funded by the p.u.c. this is about managing groundwater, diverting water, even in, again, the most densely populated neighb

commissioner wynns: i don't want to -- and not speaking for other members of the board, the members of the curriculum committee that voted in favor of the positive recommendation voted against the charter. the deficiency is unrelated to the presentation of the curriculum. this is really difficult work that the staff has done here. it is possible for us to understand. i know is very difficult, and i appreciate the work does -- that has been done. i am unable to support this. i think that we have an ongoing history with the school. i think there is an issue about this being submitted as renewal. the committee was about how you are new here. we're not responsible for anything that happened before. frankly, i still don't think -- we have the additional burden that is submitted to us as a renewal of a school that does have a very difficult history not only politically but lots of other issues in the community and with the school district. what of the things that has been a difficult in recent years, this school like other charter schools, we don't hold the charter. they have come to us as f

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. >> judge wynn, i think you hit it exactly right. i think there's different sources of authority that the involvement is invoking. >> you give us is choice -- i want to know -- where are the two of you differing on this? as i continued, it is inactivity and the characterization of this inactivity comes from the wright case where the state says there are conditions have to be met for it to be an activity and do you agree or disagree with that characterization? >> i generally disagree but let me first set out what the three basis of authority that congress is invoking here and then get to the specific question you're having about activity versus inactivity. so the first is, does it substantially affect commerce? and that's the congressional finding and whether or not the decision to self-insure. even if it doesn't constitute inactivity, is it incidental to an overall scheme that it's justified by the congress power and then justice scalia's opinion in darby and the like and then the third is the tax powers. those are the three independ

commissioner wynns: and i just want to thank you for the work and also the staff and auditors, because our history with bond oversight has not always been so pleasant and compliant, so everybody involved and deserves our thanks and support, and it is gratifying that we have one of our labour partners as the co-chair of the committee and involved in every aspect of the oversight. >> i wanted to echo our thanks for the services and also to say a reporter contacted us about our bond added and asked when the next one was. it is coming on the 24th, and you can read it. she is not here tonight, and i think that is a good sign. >> she had a lot of questions about willie brown. >> i want to thank you also. the work you do is really important, and i think the way in which the bond program is running really speaks to the quality of the staff and the oversight conducted. any other comments? thank you so much for your update. at this time, are there any appointments by board members? seeing none, item l is the special order of business. i need a motion and a second for authorizing the issuance of

first, i wanted to say to chairman wynns and the rest of the board, i admire you for the work you're doing. i understand the challenges you are taking on. you have a lot of problems you are talking about addressing and one of the things i have given some thought to provoked by this issue is give some focus to those that are the achievement gap that is being tested and you are being held accountable to of the problem of inclusion which is a challenge in special ed. ambitions to do things like languages and ambitions in the sciences and computing and i.t. before we go on to mention high aptitude kids and the desire to be fair which is a great challenge. i was pleased that jill and carlos made mention of having high start -- high standards are good things but we have to calibrate that with respect to reality. the resources are woefully inadequate. it is tragic what is happening at the moment. what i am going to suggest is perhaps idealistic. one -- when resources are insufficient, we have to look to the community to help us out. i think one of the things that has happened to me is a sma

commissioner wynns: i motion to pass the consent calendar. >> we have one correction to an item on page 95, item 114.26k20. the list was not attached, so i am going to read the list. the schools are longfellow and mission. the number of students at each site that will be served are 70. president mendoza: ok. >> 70 per site. president mendoza: any item severed by the board or the superintendent before the discussion or the vote tonight? commissioner norton: k8 on page 70. commissioner fewer: same one. president mendoza: any others? thank you. roll-call vote will take place under section o. item eight is the superintendent proposal. this is an authorization to grant or deny the renewal petition for thomas edison charter academy. the reading of the resolution, please. >> thank you. good evening, commissioners. i am the director of the division overseeing charter schools for the district. before i read the resolution into the record, i would request that board members hear a report of the budget and financial sections of the petition. as i explained before and sent communication to the boar

perhaps commissioner norton or commissioner wynns would remember that. in absence of this said equity report, i feel compelled to, one, in the name of accountability, also a goal of this board, request followthrough on such a document. and, two, in the name of equity and social justice, bring to your attention the state of affairs at el dorado elementary school. this year, eight of 14 classroom teachers received pink slips on march 15. they received eight of the 37 that were given to elementary classroom teachers. last year, 11 of 14 classroom teachers received pink slips on march 15. the year before, the case was eerily similar. i am sure you can imagine what this does to staff morale. i am sure you can imagine what this does to the sustainability of programs. i am sure you can imagine what this does to building capacity. president mendoza: i need you to wrap up. >> i'm sure you can imagine what this does to the social emotional needs for stability that is inherent in elementary school children, i'm sure you can therefore imagine what this must do to st

commissioner wynns: here. vice president yee: here. president mendoza: here. >> here. >> here.en men if you'd like, please -- president mendoza: if you'd like, please join us for the pledge of allegiance. thank you. the approval of the board minutes. we have no approval tonight. the presentation to the board of education, the superintendent's report. >> good evening. first of all, i just want to give a big shoutout there of congratulations to the san francisco school of the arts for being named 2010-2011 california distinguished school and we really want to, you know, we're really proud of their efforts. there's only -- yeah. there's approximately 97 middle and high schools that are given this award this year and so to be in that top group, that shows that they're really work withing on closing the achievement gap. i think it's really exciting. the other item i wanted to mention is that obviously yesterday the district was closed and i'm sorry to say because it was another one of those fur low days that we all dread and that's not dish don't see it as a good way to solve all of

. >> reporter: madison wynn. many are angry with her for not supporting their view. >> i'm going to ignore what happened in the past and i'm going to say it is a great day. >> reporter: now that this sign is in place the community here says the next step is to get a sign up there on 101 directing more business into the district. in little saigon, cbs5. >> mayor reed also absent from the unveiling. he said he was pleased. >>> the economic indicator sending a mixed message. >> everybody is fed up with it really. you know. why economists say higher consumer spending is a bad thing. >>> and the crew working great tonight. what they hope to accomplish on their latest space walk. >>> i'm meteorologist lawrence karnow. seeing the clouds moving back onshore and winds still blowing. we will talk about that in your sunday forecast next. new look at your,,,, man: everybody knows you should save for retirement, but what happens when you're about to retire? woman: how do you go from saving to spending? fidelity helped us get

nbc bay area's vicki wynn explains. >> reporter: at first flans, this baby looks like any other. bright eyes and a big smile. but look a little closer. is it a boy? a girl? can you tell? and does it even matter? this canadian couple doesn't think so. they've decided to raise their 4-month-old baby named storm genderless allowing the geeb choose its own gender orientation. the couple's story recently appeared in the "toronto star" and has caused an uproar among family researchers like glen stanton. >> it's not just about body parts or what clothes we would choose for ourselves or the colors we like. it's really about science. and science is telling us that there's a male and female brain. >> kathy and her husband david are keeping baby storm's gender a secret. they say the only people who know whether storm is a boy or a girl are one family friend and storm's older brothers jazz and kio. according to the star, shortly after storm's birth, the family sent out this e-mail. we've decided not to share storm's sex for now, a tribute to freedom and choice in place of limitation. a stand