The cover of this report was designed by graphic artist Tobin Keller. The images are of Pomo Indian baskets from the

Redwood Coast Seniors, Inc. was established as a California non-profit 501(c) 3 corporation in 1973 to operate a senior center in Fort Bragg and provide services for seniors on the Mendocino Coast.

Redwood Coast Senior Center is governed by a board of directors currently composed of six (6) members. Three members constitute a quorum. The bylaws state that the board shall consist of a minimum of five and a maximum of nine members. The board is self-selecting. Candidates are nominated by the board and approved by a quorum of the board. The Board receives no formal training.

Jurors were told that under prior bylaws, there was a seven (7) year term limit. A copy of these bylaws is no longer available to the board members; nor was it provided to the Grand Jury. According to the undated bylaws that were provided to Jurors in October 2008, members serve a three-year term with no cap on the number of terms one can serve. There were no minutes on file that documented adoption of these bylaws.

Minutes indicate that these bylaws were amended in September of 2008 to permit two members of the Executive Committee to transact business with the full authority of the board. The only restriction is that the Executive Committee is required to report to the full board on all actions taken. Ratification by the full board is not required.

Many administrative duties of the board are delegated to an executive committee composed of the President, Vice President and the Treasurer. The current President and Vice President have served on the executive committee for more than twelve years. The Executive Director reported that many “sensitive” issues are addressed by the executive committee which keeps no minutes of its actions. Not all executive committee decisions are discussed by the full board.

The board’s intent is to hold monthly meetings, but meetings are not always held.

Board members described their roles as policy setting, financial and operational oversight, and selection and supervision of the Executive Director.

As of March 9, 2009, the current Executive Director had been employed for the past 12 years and had recently submitted his resignation, effective March 13, 2009. Some board members credit him with having maintained the financial health of the Center which is financially solvent, with an annual budget of just under $1,000,000.

The Executive Director provides the board with staff reports on Center activities, finances and personnel and, until recently, has been responsible for preparation of the minutes.

The Grand Jury requested copies of board minutes and discovered that not all meetings had been documented by accurate, complete minutes that have been reviewed and formally approved in subsequent board meetings. In several cases minutes for one month were identical to those prepared for the previous meeting.

The Area Agency on Aging (AAA) is a major funder of the Center. AAA channels county and federal funds for senior programs to local non-profit agencies and serves an oversight function to ensure that the funds are properly spent.

The Center reports monthly to AAA on the number of meals served, number of meals delivered and the number of clients served in the adult day care center. AAA annually inspects the financial and service records.

At two public meetings last year, AAA heard complaints from the public about the Center. Copies of the written complaints were forwarded to the Center board. These expressed concerns about governance of the Center, the termination of long-term employees and general dissatisfaction with the Executive Director’s regular absences from the site.

On August 30, 2008 the Center responded to AAA saying …the executive committee has reviewed these letters which contain allegations of wrong doings unspecified and/or related to personnel issues that are not subject to discussion as they are ‘classified’. The (former) Executive Director told jurors that he has not done staff evaluations since, in California, employees may be terminated “at will” and “doing evaluations can lead to lawsuits.” 15. Grand Jury members attended the December 2008 meeting at which board members voted to conduct an evaluation of the Executive Director and to order an audit of the Center’s finances by a certified public accountant. On March 9, 2009, Jurors were informed that the Center is in the process of soliciting bids for audit services. Findings: Staffing 16. The board hired the (now former) Executive Director twelve years ago and gave him authority and responsibility for running the Center. Running the Center includes day-to-day operations; hiring, firing and supervising all staff; program development; preparing budgets, grant writing, fundraising and establishing salaries and fiscal controls. Only the Executive Director position reports to the board. The Executive Director is the Center’s sole official contact with the board.

During Indian child custody proceedings, an independent ICWA expert witness may be called to provide requested information.

H&HS staff members have stated that the application of ICWA Law has made them more sensitive to all children that go through the system.

In the last two years the staff size has ranged from 15 to 20 employees. Center documents show that staff turnover has included nine employees who left in 2007 and ten who left in 2008. In February 2009, there were 16 employees, including the Executive Director, and four on-call workers. Eight of the sixteen employees have served less than two years. The remaining eight employees, including the Executive Director, had worked at the center for an extended period.

The Executive Director reported that, as of September 2008, “…the median tenure of the Center’s employees was 7.83 years.” 19. The Executive Director and the Chef/Operations Manager positions are salaried. All other employees are paid hourly. 20. The employee handbook is dated 2003 and is not fully consistent with current practice.1 21. Full-time employees,2 other than the (former) Executive Director, accrue vacation at the annual rate of 80 hours for the first three years of employment, 120 hours in years four through nine and 160 hours thereafter. The stated policy is that: …accrual of vacation time up to 200 hours is permitted. Vacation time beyond 200 hours is forfeited unless approved, in writing, by the executive director.

MTA substations include a recently renovated District-owned facility in Fort Bragg and leased facilities in Willits, Point Arena, Laytonville and Anchor Bay.

The anticipated major funding source for renovation or replacement of MTA headquarters is the new “Public Transit Modernization, Improvement and Service Enhancement Account” funded by voters in 2006 as part of Proposition 1B.

MTA is also working to locate a multi-modal Transit Center in or near the city of Ukiah to consolidate all ground mass transportation services (MTA, Lake County Transit, Greyhound, Amtrak Throughway Bus, any private taxi service and any future Airporter).

The (former) Executive Director accrued vacation at the annual rate of 480 hours (12 weeks per year). The Grand Jury found no evidence of a cap having been established on accrual of these vacation hours and the Executive Director stated that he “knew of no cap” and that he had cashed in “about $5,000” in vacation hours when he purchased a car.

At the time of the investigation, the (former) Executive Director was completing the second year of the four-year law degree program at Empire College in Santa Rosa.

The July 2008 board minutes reflect a discussion and approval of the Executive Director’s telecommuting to permit legal education that is described as “directly beneficial” to the Center. Minutes note that “telecommuting is not unusual for executives.” Minutes do not specify an agreed upon work schedule reflecting the 2+ work days per week that the Executive Director was regularly out of town.

The Executive Director reported that he was attending law school from 6-9 p.m. in Santa Rosa on Tuesday, Wednesday and Thursday and that he was at the Center on Monday and Friday and part of the day on Tuesday.

The Center board provided the Grand Jury with copies of written complaints it received about the Center in 2006 and 2008. The departure of key staff members in each of those years appears to have prompted a flurry of complaints about leadership and management issues. Written complaints state that: • “The director is seldom seen.” • “Repeated requests for copies of bylaws or procedures have been refused.” • “Employees say they are afraid to speak up.” • “No criticism, no matter how constructive, is allowed.” • “Morale is low at the Senior Center; volunteers are unhappy. Employees are unhappy.” • “Employees feel that they are not treated fairly. They are fearful of their jobs...” 1 One example is that the handbook states that employees are paid for their lunch breaks and this is no longer the case. The Employee Handbook assigns health insurance benefits to those working a minimum of 31 hours per week. Regularly scheduled employees who work 20 to 40 hours per week receive other benefits proportionate to the hours worked. • “They [2006 board members] seem out of touch with daily operation of the Center.” • “…employees are nervous and intimidated. …no one will speak up for fear of retaliation...” • “The Director comes to work when he feels like it and attends law school during work days, while receiving full pay and benefits.” • “I’ve observed unethical business practices, harassment, and unprofessional conduct by the Executive Director.” • “If anyone voiced their opinion or questioned his authority, they were fired without notice.” • “There never was a backup plan in case someone called in sick [for staffing of the day care program]. There was just a big shuffle of personnel into day care to cover...” • “Due to unethical business and personnel procedures many employees and volunteers have left under duress or been fired with little or no explanation.” • “Much of the dissatisfaction revolves around his [the Executive Director’s] lack of interaction with the employees and volunteers.” • “Disagreeing with [the Executive Director] was cause for dismissal.” 27. The Executive Director asserted that “…a concerted effort has been made by a small group of people to damage [his] reputation.” 28. The Executive Director was paid a salary of $71,000 per year plus benefits, an annual bonus and reimbursement of business expenses. There was no formal process for review and approval of his expense reports. This past year, when the Center was forced to draw $50,000 from its reserve fund, the Executive Director received a bonus of $2,000. This was half of the prior year’s bonus. He also received law school tuition payments of $3,000 per semester.

Regular preventive maintenance allows MTA vehicles to run reliably and well beyond the normal expected life span. Personnel and Passenger Safety 28. Drivers complete a vehicle inspection procedure at the beginning of each shift.

Personnel at all sites reported a shortage of academic and mental health counseling services. This serious shortfall in student and family services is attributed both to a lack of funding and to a statewide shortage of certificated counselors.

The Executive Director stated that the board had approved tuition payments to him of $3,000 per semester, but the Grand Jury found no documentation of this in the board minutes provided through October 2008.

In March 2009, the Executive Director provided a letter signed by the Vice President of the Board (dated March 10, 2009) retroactively stating that …In 2006 the Executive Committee offered tuition support to our executive director to complete his bachelors degree at Sonoma State University at $3,000 a semester. During that semester he found he was able to gain admission to the Empire College School of Law; he was authorized to continue with that same level of support, and was granted permission to telecommute to work from Santa Rosa two days a week.

Also in March 2009, the Executive Director provided Jurors with a copy of the August 2008 board minutes that were not included in response to the initial document request. These newly provided minutes indicate the board’s approval of the law school tuition payments that he had been receiving, ostensibly with executive committee approval, since 2007.

Of the three board members who were interviewed in fall of 2008, one acknowledged that tuition was being paid. The other two, including the President and the Treasurer, stated that they had no knowledge that tuition was being paid. The fourth, a new board member interviewed in 2009, stated that he learned of the tuition when it was discussed “…at a recent board meeting.” 33. The tuition payments were distributed by check, payable to the Executive Director and entered in the Center’s books as a “training expense.” Like other payments under $5,000, these checks required only the signature of the Executive Director. The Executive Director first stated that he “…did not know whether they were subjected to payroll taxes and withholding.” He then informed the Jurors that the payments “…were not subject to withholding and that they were not reported as income.” 34. The Ukiah Senior Center Executive Director supervises a medical model day care center and a full service senior program with a combined staff of 26 and an annual budget of $975,000. This position involves a full work schedule. It pays an annual salary of $50,000. Employees at the Ukiah Senior Center received a bonus for the first time in 2008. The amount was $50 for each employee. Findings: Finances 35. Some board members stated that they valued the Director’s track record for managing the Center’s budget of just under $1 Million per year.

Drivers do not carry cash to make change. Fares are deposited in on-board metal vaults to which drivers do not have access.

A 2007 grant provided funding for ten new shelters and twenty new benches that have been installed throughout the county. Solar power lights shelters where night service is offered. A new shelter for the Town of Mendocino received unanimous local support for a design that is consistent with historic preservation standards. This shelter will be constructed as soon as the required permit is secured from the county Department of Planning and Building. Service and Fare Structure 35. MTA provides regular service throughout Mendocino County and connects with Lake County Transit in Ukiah. One route operates in Sonoma County and connects with Santa Rosa City Buses. Service connections are also in place with AMTRAK, Greyhound, the Sonoma County Airport Express and Golden Gate Transit.

The attractive, small cafeteria is augmented by a large covered outdoor eating area. Meals are prepared offsite in the UUSD central kitchen according to a five-day repeating menu. They are reheated at each school.

Total income for Fiscal Year (FY) 2007-08 was $992,729, including $268,942 from AAA as partial funding for group and home delivered meals, community outreach and the Day Care Center.

The Centers’ 2008-09 AAA contract provides for payments of $222,459. This represents a decline of 17% from the prior year.

Mendocino Transit Authority (MTA) has committed to $147,800 for the Center’s transit services during 2008-09, a decline of 5% from the previous year. Further cuts are likely under the terms of the California State Budget that was adopted in February 2009.

The Center is in its fifth year of a $100,000/year grant from United Way to implement an innovative suicide prevention program at 11 senior centers in Mendocino and Lake Counties. The Center distributes a large part of this grant to support program implementation at the other sites.

Transportation fees, meal donations, cash and in-kind donations, and fund raisers, including proceeds from the volunteer-operated Granny’s Attic thrift store account for 49% of the budget. Year-end profit and loss statements show gross thrift store sales of $19,711 in FY 2006-07 and $18,802 in FY 2007-08.

The Executive Director has been reluctant to impose facility charges or establish suggested contributions for group use and discontinued advertising of event space because there have not been “…a lot of takers.” 42. The last formal audit of the Center’s finances was in 2002. The July 2007 board minutes document repeated board requests for more complete financial reports with comparisons to the prior year. Jurors were told that since June or July 2008 the board has received a year-to-date budget report with summaries (by account) of the current and prior year. Journal entries are not routinely provided.

Routes and schedules are based on regularly monitored ridership data, transportation needs assessment studies, and an annual review of unmet transportation needs identified by members of the communities served. 43. During 2006-07, for example, MTA adjusted and eventually discontinued Routes 40, 52 and 54. It enhanced Routes 65 and 95, running Route 65 earlier and on the same schedule every day to make a more timely connection with Golden Gate Transit. MTA also included Golden Gate Transit connection times in its schedules and added luggage racks to connecting buses.

At the December board meeting, which was attended by Jurors, the board voted to contract for an independent audit of the Center. Minutes of this meeting have not been published but, in March 2009, Jurors were told by the interim Executive Director that the Center is engaged in a bidding process for audit services. Findings: Programs 44. The Center is open Monday through Friday. It is closed on holidays.

MTA has seven bus schedules that are revised three times a year in response to school and college schedules and seasonal time changes.

Meal service in the dining room is very pleasant. Diners are seated at comfortable tables and may choose between the day’s hot meal and a self- serve salad bar. Volunteers serve the hot meals and beverages.

Congregate (group) meals are also provided at the Mendocino Presbyterian Church on Mondays and Wednesdays and at the Albion Firehouse on Fridays.

Varied menus meet nutritional standards set by the AAA. The lunch program is well-attended and participants are sometimes entertained by volunteer musicians.

Participation in the congregate meal program has increased steadily over the last five years. In FY 2002-03 the Center served 21,412 meals; in FY 2007- 08 it served 26,895.

AAA is the primary funding agency for the meals program, but the amount provided does not cover the full cost of meals. Those who are able are asked for a $4 meal contribution. Persons under 60 are asked to donate $7.

The Center also provides home delivery of Meals-on-Wheels to North Coast residents from Fort Bragg to Albion and approximately three to four miles inland. This program has grown steadily, from delivering 7,123 meals in FY 2002-03, to providing 16,435 meals in FY 2007-08.

The Meals-on-Wheels program is implemented by one paid employee and several volunteers. All are reimbursed for mileage traveled at the federal rate.

Meals-on-Wheels drivers work with Outreach Program staff to provide a critical communication link between clients and the Center. Their regular contacts with clients help to ensure that support services will be made available as needed.

Through a program funded by United Way, the Executive Director trains Meals-on-Wheels drivers to recognize signs of depression in homebound elders and recommend mental health referrals for those who display symptoms that put them at risk of suicide. The grant terms require that new drivers be trained by June of each year.

AAA is the principal funder of the social day care center which provides supervised activities and care for cognition impaired individuals and support for Alzheimer patients and their caregivers. Participants pay up to $45/day on a sliding scale, according to their financial circumstances. 55. This is the only social model adult day care program in the county. While staffing requirements, set by the California Department on Aging, are less stringent than those for a medical model program, two responsible persons must be present at all times and one of these must be a paid staff member. Programs must maintain a ratio of no more than five clients to one attendant. All attendants are required to be fingerprinted and pass a health screening, including a test for tuberculosis.

Cyclists can miss a bus or be required to leave a bus if the handicapped space is required by a disabled individual. While this is a rare event, it may deter some potential riders. Data are being collected on incidents when cyclists cannot be served.

Day Care Center participation has declined steadily from a peak of 2,257 census days in FY 2005-06 to 1,572 census days in FY 2007-08. Even after reducing service from five to four days weekly, the program currently has difficulty achieving the minimum average daily census of ten participants that is required for AAA funding. The program has not been actively marketed. The (former) Executive Director cited affordability as one reason for this decline despite the sliding scale of $0-45 per day.

The Center operates an Outreach Program to respond to inquiries, identify the needs of older adults and provide appropriate services or referrals. In FY 2006-07, the program recorded 1,811 contacts. This increased to 2,758 in FY 2007-08.

The Center provided Jurors with copies of letters expressing heartfelt appreciation for the services provided by the Meals-on-Wheels and Outreach staff and volunteers.

MTA provides state funds to subsidize the Center’s transportation program. The Center regularly operates two buses to transport seniors to the center for meals, activities and day care. The door-through-door wheelchair-lift- equipped bus service runs from Ten-Mile to Albion. This service is available to adults over 60 and disabled adults of any age at heavily subsidized fares based on the distance traveled.3 60. The Center is required to file monthly reports of transit costs with MTA.

During the rapid run up of fuel costs in 2007-08, the MTA board voted to use reserves, if necessary, rather than increasing fares to compensate for the projected deficit. Despite reduction of other expenses, MTA anticipates a 2008-09 budget deficit of approximately $200,000, largely due to fuel costs.

The Center accommodates a limited array of social and educational activities, most of which are provided by outside organizations or volunteers.

Several computers, closely spaced at tables in a small room, provide high- speed internet access at no cost. At the time of the Grand Jury site visit, a volunteer was assisting seniors with the computers.

The Center sponsors bingo games, a support group for caregivers, and blood pressure monitoring.

Volunteers staff “Granny’s Attic” thrift shop. Located at the back of the Center, it is open from ten to four, five days a week.

A volunteer trained by the American Association of Retired Persons (AARP) provides income tax assistance for seniors at the Center free of charge. Those who receive this service may make a donation to the Center, but this is not requested or actively encouraged. The “door-through-door” service offered by senior centers supports individuals who need assistance out and back into their homes. Drivers also assist seniors with packages or luggage. Dial-a-Ride services only transport passengers “curb-to-curb.” 66. A local Tai Chi trainer uses Center facilities to offer classes to seniors for which participants pay her directly. Goals of these classes include improving balance and reducing falls. The Center charges no rent for this use of the facility.

The site’s emergency response plan is well organized along the guidelines set by MCOE, but the media contact list is incomplete and no community ListServs are shown. Findings Specific to Baechtel Grove (WUSD) 67. Baechtel Grove Middle School was built in the 1950s as a K-8 campus located adjacent to a historic woodlands. The campus currently serves approximately 350 sixth-to-eighth graders, about half of its original capacity.

Various groups hold meetings at the center. Some make a donation for use of the facilities but no fee is required. The Soroptimists, Kiwanis, Toastmasters, Ocean Wave Quilting Guild and Alcoholics Anonymous meet at the Center.

College of the Redwoods offers two exercise classes, a popular class on the origins of radio, and one called “Protect Your Family and Property” to seniors who register as students at the College. The College pays no room use fee.

The Center shares a parking lot and is attached by a breezeway to Fort Bragg Middle School, but there are currently no joint programs between the two facilities and the relationship has become strained.

Students may not attend formal classes in the Center building because it does not meet seismic standards for a school building but they may participate in outdoor or drop-in activities. In the past, seniors provided tutoring and there was a program in which seniors taught bocce ball and provided opportunities for non-English speaking students to practice communicating in English. Fort Bragg Unified School District administrators expressed interest in reinstating mutually beneficial joint programs.

Board minutes reflect numerous suggestions from Center participants and board members that have not been implemented. These include selling gift cards for lunches and increasing collection of rental fees. Dances and ice cream socials have been proposed. Class suggestions include: arts and crafts, bridge lessons, yoga classes and programs in financial management, investments and insurance. Health-related suggestions include mental health screening, diabetes support groups and additional blood pressure screening times.

The website shown on the Center’s brochure and letterhead (www.rcsmendo.org) links to a domain name “placeholder” that provides no information on the Center. An internet search for “Redwood Coast Seniors” connects to a site at http://web1.mcn.org/b/redwoodcoastseniors/home.htm. The most recent dated information on this site is from 2002.

The Center’s monthly newsletter has been discontinued. An activity calendar and menus are published monthly.

The graphically attractive brochures accurately state meal schedules but include little specific program information and provide a link to an undeveloped website. Findings: Facilities 75. The Center is located in the same complex with Cotton Auditorium. It is connected by a ramp and breezeway to Fort Bragg Middle School and overlooks the recently installed infrastructure for a large school garden.

A small Community Day School, housed in portables on the perimeter of the campus, serves students whose behavior is inconsistent with attendance in the regular classrooms.

The Center has approximately 80 years remaining on its 99 year lease of the space from Fort Bragg Unified School District (FBUSD). It pays no monthly rent.

The Center also has a garden area with a pond, bocce ball and horseshoe courts and picnic tables. A large barbecue, mounted on a trailer, was purchased with funding from the Community Foundation of Mendocino County. These facilities are little used and poorly maintained.

Both the Middle School and Cotton Auditorium have undergone extensive historic restoration. These buildings are all about 70 years old. The exterior of the Senior Center was last painted about 12 years ago using labor and equipment provided by Georgia Pacific, Rotary and Soroptimists. It is in need of exterior repairs and painting.

Teachers and visitors to the Middle School and Cotton Auditorium, as well as seniors and Center employees share a large common parking lot on land leased to the Center by FBUSD for a one-time charge of $5,000. Construction of the lot cost approximately $30,000 and was paid for, in large part, by a grant to the Center. Issues around the use of this lot are not clearly addressed in the terms of the lease and have led to friction between FBUSD and the Center.

Jurors observed that the inside of the building is freshly painted. The roof was replaced about seven years ago by a Parlin Fork Conservation Camp crew supervised by a local roofing contractor.

The entry hall is lined with oil portraits of Center participants painted by a local artist who volunteered his time and scheduled individual sittings to create the images.

Activity announcements are displayed on bulletin boards in the hall.

During the course of the investigation, a new bulletin board was installed in the sunroom for posting board agendas and minutes. However, in late February, the most recent posted information was dated October 2008.

A large room near the entry is used for classes and adult social day care which is offered four days a week. Furniture in this room is new and suitable for medical settings. The room contains a donated large screen television.

The dining room is pleasantly decorated, cheerful and inviting. Three years ago, a crew from Parlin Fork Conservation Camp removed worn, glued down carpet from the dining room and restored the historic wood floor, correcting a serious trip hazard.

The Center also has a large community meeting room with the same type of deteriorating carpet that was replaced in the dining room. Since restoration of the dining room floor there has been no further progress to eliminate this unsafe condition. 87. The Center has an automatic back-up propane generator purchased with primary funding from AAA. Jurors were told that in the event of an extended power outage the Center will remain open beyond the usual hours to provide a warm, lighted place for seniors.

Entering at-risk students attend a three-week summer program. Those who test two or more years below grade level in reading are placed in a corrective reading core classroom where they study history and literature with on-going assistance to develop reading skills.

The Principal and teachers expressed frustration at the lack of parent involvement despite offering coffee chats and parent tours. Turnout at school functions is extremely low. There is an active site council, but efforts to establish a PTO have been largely unsuccessful.

Baechtel Grove partners with Kids’ Club and Alienza and has relationships with Willits Fire and Police Departments, Rotary, and the local hospital. Findings Specific to Fort Bragg Middle School (FBUSD) 91. Fort Bragg Middle School occupies one wing of the City’s historic high school campus which also includes Cotton Auditorium and the Redwood Coast Senior Center. Built in the late 1930s, the school and Cotton Auditorium have recently undergone a major rehabilitation to bring them up to code while preserving their historic integrity. The result is a campus that is a source of pride to students, faculty and the broader community.

Solar panels will be installed on the middle school roof during the summer of 2009 as part of a project that will ultimately include panels at all sites and will provide 90% of the District’s electricity.

Students have access to the professional quality performing arts facility, playing fields and a spacious gymnasium.

Infrastructure for a new school garden has recently been installed with funding and labor provided by the Campbell Timber Group. A collaboration is being explored with the Mendocino Coast Botanical Gardens Master Gardeners Program to help develop the garden.

Nutritious meals are prepared on site and served in an attractive, but noisy cafeteria. Students can gather around adjacent outdoor tables, but food is no longer permitted outside due to concerns about contamination by the ever- present gulls.

The large, well-stocked library features natural light from windows that overlook a tree-filled canyon. Mosaic murals depict historic scenes of Mendocino County. The librarian maintains a glass case with a rotating display honoring students and staff with birthdays in the current month.

Halls and classrooms are unusually spacious and banks of lockers are provided for student use.

Sports facilities include playing fields and a recently renovated gymnasium that was noteworthy for the absence of insulation.

The Emergency Response Plan is the most comprehensive of the four plans reviewed. It includes detailed assignments for all staff, with alternates appointed for key tasks. A media directory is included to facilitate county- wide emergency outreach. The Administrative Council meets regularly to work on the plan. Principals communicate details to teachers at their sites.

Emergency fire blankets are provided in science labs.

School policies are provided in a comprehensive student handbook with an index and table of contents. Review of this document by both students and parents is required. School communications are provided in both English and Spanish and staff work with Migrant Education to communicate with non- English speaking families.

The District is in the second of a three year consulting contract to implement the Positive Behavior Support Program as a way to support consistent behavior standards that are understood and positively reinforced by teachers and student leaders. Family nights are offered to encourage parents to learn to reinforce desired behaviors. Child care and desserts are provided during the sessions and parent participation has increased steadily.

Block scheduling has been introduced to give more instructional time to math and ELA. A collegial coaching program is in place to help small groups of teachers become more reflective about their teaching and learn to engage students actively in the learning process.

The Principal has an extensive counseling background and is in her second year in her current role. Staff morale appeared to be high.

Jurors heard reports of generally strong relationships between the school and local non-profits and businesses. A School Resource Officer assists in campus oversight and gang prevention programs. There are currently no programs with the Redwood Coast Senior Center which is contiguous to the Middle School facility. General Findings Re Demographics and External Factors Table I (below) summarizes demographic statistics for the four observed schools. Middle School Eagle Peak Pomolita Baechtel Fort Bragg Populations—Fall 2008 (UUSD) (UUSD) Grove (FBUSD) (Self-reported CBEDS) (WUSD) Number of Students 348 629 356 414 % of Students who are: American Indian2 4.9% 6% 8.7% 1% Hispanic/Latino 34.1% 38% 23.4% 38% Non-Hispanic White 55.1% 50% 64.9% 57% Other 5.9% 6% 2.8% 4% % Free/Reduced Price 65.2% 68% 69% 75% meals Average Class Size 20 28 27 22 General Findings Re School Accountability Progress Reporting 106. Jurors repeatedly heard middle school described with some urgency as a period of “transition” and as a “last chance” to gain basic academic and social skills required for independent learning and responsible adulthood.

The State of California has established content and testing standards for ELA and mathematics that all students are expected to achieve. Particular emphasis is currently being placed on teaching algebra to all eighth graders because early success in this subject has been shown to predict future academic achievement.

Algebra and Science Academies will be offered in summer 2009.

California Accountability Progress Reporting (APR) measures and reports whether schools meet state and federal requirements. All data are collected and posted annually on the California Department of Education website.

The California Public Schools Accountability Act of 1999 requires statewide evaluation based on standardized testing. Test results are expressed as each school’s Academic Performance Index (API). The API is used to determine the next year’s target for growth toward the statewide goal for all schools to achieve a minimum of 800 out of a possible 1000 test points.

Schools that fail to meet their growth targets and those with API scores in the lower half of the statewide distribution are eligible to participate in local and state intervention programs designed to increase student proficiency in ELA and mathematics. For purposes of establishing a school’s Adequate Yearly Progress (AYP) rating, each demographic subgroup of significant size must meet its established growth target. 112. All schools that receive federal funding also receive an Adequate Yearly Progress (AYP) rating as required by the federal No Child Left Behind Act of 2001 (NCLB).

A school’s AYP is based on a) the percentage of students tested; b) the overall percentage of students who score proficient or above in ELA and mathematics; c) percent participation and percent proficient or above in each designated ethnic, economic, or ability-related sub-group. A satisfactory AYP requires that all sub-groups meet participation and proficiency targets.

NCLB requires that targets increase yearly until 2013-14 when all schools are required to have 100% of their students performing at or above grade level on statewide tests.

Whereas Jurors heard generally positive responses to the challenging California standards and assessments, NCLB was widely criticized by educators as establishing expectations that are virtually impossible to achieve. NCLB is also criticized because adequate funding is not provided to cover the cost of required testing and reporting.

Schools that fail to meet growth targets after one year of Program Improvement (PI) funding, are subject to local intervention through the county office of education. After two years, they are subject to state sanctions and are required to participate in formalized interventions. These schools are said to be “in Program Improvement.” 117. Schools that are in PI are required to provide each student with one to two hours of daily instruction in ELA and one hour in mathematics. English language learners and students who test below proficient levels are required to have additional remedial instruction.

The block scheduling necessary to meet these requirements also allows grade level meetings so that teachers can review student progress and shape instruction to individual needs.

Block scheduling makes it difficult to also offer science and electives, including art, music and life skills. It also requires a level of staffing that may not be sustainable given budget cutbacks.

Some ELA and history teachers described the longer instructional periods as useful. At least one math teacher thought the blocked time exceeded the attention span of her students and was a poor fit with the pacing of the math curriculum.

All four of the middle schools described in this report have been in PI for at least four years. They will remain in PI status until they meet their API growth targets in two consecutive years. 122. Table II (below) describes the Program Improvement Status of the four sites. Table II Eagle Pomolita Baechtel Fort Bragg Peak Grove Middle Sch. Program Year 5 Year 5 Year 5 Year 4 Improvement Status California 681/669 681/717 695/706 708/726 Academic (-12) (+36) (+11) (+18) Performance Goal not Goal Goal Goal Index achieved achieved achieved achieved 2008 API Base/Growth (Statewide target API is 800 of 1,000 possible) No Child Left AYP not AYP not AYP not AYP Behind achieved achieved achieved achieved Adequate Yearly Targets English Most sub- Progress (AYP) for % Language groups did Status proficient Learners not not did not achieve achieved achieve growth by growth targets in several targets math sub- groups in either English Languag e Arts or Math Findings: Healthy Kids Surveys and Counseling Resources 123. The California Healthy Kids Survey is designed to help schools assess the physical and emotional well-being of their students and design appropriate interventions to ensure healthy development. Data are based on anonymous self-reports of student behavior and can be influenced by many factors. Table III (below) presents responses to selected Healthy Kids Survey items from students at the four schools. Healthy Kids Survey Ukiah Unified Baechtel Fort Bragg Student Responses School District Grove Middle Middle Pomolita and Eagle School School Peak (WUSD)4 (FBUSD)5 Middle Schools3 Question 7th 9th 7th 9th 7th 9th % who drank alcohol in 16% 40% 33% 53% 26% 38% past thirty days… State Average (%) 12% 24% 12% 24% 10% 25% % engaged in heavy 9% 22% 17% 38% 6% 25% “binge” drinking in past thirty days State Average (%) 5% 12% 5% 12% 5% 12% % who used marijuana 8% 23% 14% 35% 5% 20% in past thirty days… State Average (%) 5% 13% 5% 13% 4% 12% % ever drunk or high on 5% 18% 14% 39% 8% 13% school property… State Average (%) 3% 12% 5% 13% 3% 12% 3 Based on Fall 2007 Administration of Healthy Kids Survey 4 Based on Spring 2008 Administration of Healthy Kids Survey 5 Based on Fall 2006 Administration of Healthy Kids Survey Healthy Kids Survey Ukiah Unified Baechtel Fort Bragg Student Responses School District Middle Middle Continued Pomolita and School School Eagle Peak (WUSD)7 (FBUSD)8 Middle Schools6 Question 7th 9th 7th 9th 7th 9th % who think daily /almost daily use of alcohol is “somewhat” to 74% 78% 80% 84% 90% 92% “extremely” harmful… State Average (%) 94% 92% 94% 92% 94% 92% % who think daily/almost daily use of marijuana is “somewhat” 72% 76% 76% 82% 83% 82% to “extremely” harmful… State Average (%) 96% 92% 96% 92% 96% 92% % who reported that they 8% 14% 8% 11% 11% 8% “consider themselves to be a gang member”… State Average (%) 10% 13% 10% 10% 10% 13% % who reported carrying a gun 8% 10% 9% 5% 5% 4% on school property in past 12 months… No comparable State data % who carrying any other weapon on school property in 12% 17% 15% 18% 18% 22% past 12 months… No comparable State data % who report high expectations 52% 40% 54% 49% 45% 39% State Average (%) 44% 34% 44% 34% 44% 34% 6 Based on Fall 2007 Administration of Healthy Kids Survey 7 Based on Spring 2008 Administration of Healthy Kids Survey 8 Based on Fall 2006 Administration of Healthy Kids Survey % who report caring 36% 27% 43% 46% 33% 36% relationships State Average (%) 30% 24% 30% 24% 30% 24% % who report meaningful 18% 11% 24% 13% 9% 23% participation in school… State Average (%) 14% 12% 14% 12% 14% 12% 124. The Grand Jury examined responses to selected survey questions by seventh and ninth grade students in each of the three observed school districts and compared the responses to statewide averages by grade level. (See Table III) a. Students at all schools reported recent alcohol use and heavy binge drinking at significantly higher rates than the state average. At Baechtel Grove, rates were double to triple the state average. b. Likewise, students at all schools reported recent marijuana use at significantly higher rates than the state average. At Baechtel Grove, these rates were nearly triple the state average. c. A much smaller percentage of students reported that they had ever been drunk or high on school property. d. Self-reported use of both alcohol and marijuana was significantly higher for ninth graders than for students in seventh grade. e. Students at all schools were less likely than their peers, statewide, to report that “daily or almost daily use of alcohol is harmful.” They were even less likely to report that regular marijuana use is harmful. These findings were particularly pronounced in Ukiah and Willits and less so in Fort Bragg. f. Much like their peers, statewide, between 8% and 14% of the students surveyed reported that they considered themselves to be connected to a gang. g. While only a small percentage of students reported feeling “unsafe” at school, about a third said that they had been harassed at some time in the past twelve months on the basis of their religion, gender, sexual orientation, physical/mental disability, or race, ethnicity or national origin. h. Between 4% and 10% of students reported having carried a gun to school and 12% to 22% reported carrying another type of weapon. i. To the credit of educators at all sites, students rated their schools higher than state averages as places where they experienced caring adult relationships, high expectations and opportunities for meaningful participation.