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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Score: +1 (1/3/0)

Merced County Grand Jury • 2017-2018

District’s Acquisition of Creekside Junior High School Site

6 pages

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⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 4 findings

F1 Page 52

That there was no response by LBUSD to the Grand Jury report 16-02-05.

F2 Page 52

That LBUSD has not informed the parents at Creekside Junior Middle School that the site is located in an airport flight zone.

F3 Page 53

The School Site Selection and Approval Guide of the Department of Education states under Evaluating Safety Factors that “Safety is the first consideration in the selection of school sites”, and that “in selecting a school site, the selection team should consider the following factors: (1) proximity to airports;”

F4 Page 53

The responsibilities of the school district, the California Department of Education, and the Department of Transportation Aeronautics Program, Office of Airports, concerning a school site’s proximity to runways are contained in Education Code Section 17215 (as amended by Assembly Bill (AB) 747, Chapter 837, Statues of 1999). (See CCR, Title 5, Section 140 14011(k).)

Recommendations 3

R1
Page 52

That LBUSD respond to the original Grand Jury report 16-02-05.
R2
Page 52

That LBUSD take appropriate action to notify parents at Creekside School that the site location is in an airport flight zone. REQUEST FOR RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are requested. • Los Banos Unified School District respond to F1-F2 and R1-R-2
R3
Page 53

MCCGJ recommends that LUBSD include a clause in its student registration documents stating that the Creekside Junior High School is located in an airport Zone C. RESPONSE FROM LOS BANOS UNIFIED SCHOOL DISTRICT “Re: Response to Los Banos Unified School District to Procedures that Govern Safety in School Site Selection Los Banos Unified School District’s Acquisition of Creekside Junior High School Site (External Investigation 16-02-05) Dear Judge Proietti: Please accept this letter as Los Banos Unified School District’s (“District”) formal response to the above referenced Grand Jury Report (“Report”) and the request in January 2018 for a formal written response. The District thanks the Grand Jury for providing it with the opportunity to respond to the report at this time, as the District was in a time of leadership transition without a permanent superintendent when the Report was first published. This response is submitted to you pursuant to Penal Code section 933.05. I have thoroughly reviewed the information and recommendations contained in the Report and respond as follows:

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

District’s Acquisition of Creekside Junior High School Site

June 21, 2018 • 6 pages • 4 responses • Score: +1 (+1, 3, 0) View Details ▾

PDF

4 responses to findings and recommendations

That there was no response by LBUSD to the Grand Jury report 16-02-05.

Response: Disagree Partially Score: 0

: The District disagrees partially with the finding. The District purchased land from a local developer. The District's acquisition of the property upon which Creekside Junior High school is now located was part of a larger transaction involving three parcels owned by the developer and an amendment to a preexisting agreement requiring the developer to pay school impact mitigation fees to the District. Attached as Exhibit A, please find Resolution 12-13, adopted by the Governing Board on June 7, 2013, describing the acquisition process, including that the District had not yet determined its pro...

That LBUSD respond to the original Grand Jury report 16-02-05.

Response: Implemented

Score: 0

R1: This recommendation has been implemented.

That LBUSD has not informed the parents at Creekside Junior Middle School that the site is located in an airport flight zone.

Response: Disagree Partially Score: 0

. The sole responsibility of the Airport Land Use Commission is to prevent incompatible land use development, and thereby protect the public from both noise and risks. It is also to preserve the utility of airports. F3. The School Site Selection and Approval Guide of the Department of Education states under Evaluating Safety Factors that "Safety is the first consideration in the selection of school sites", and that "in selecting a school site, the selection team should consider the following factors: (1) proximity to airports;" F4. The responsibilities of the school district, the California De...

MCCGJ recommends that LUBSD include a clause in its student registration documents stating that the Creekside Junior High School is located in an airport Zone C. RESPONSE FROM LOS BANOS UNIFIED SCHOOL DISTRICT “Re: Response to Los Banos Unified School District to Procedures that Govern Safety in School Site Selection Los Banos Unified School District’s Acquisition of Creekside Junior High School Site (External Investigation 16-02-05) Dear Judge Proietti: Please accept this letter as Los Banos Un...

Response: Will Implement

Score: +1

R3: This recommendation has not yet been implemented but will be implemented beginning at the start of the 2018-2019 school year.