Finding and Recommendation 1 F1. There is no evidence that any member of the Modesto City Schools’ Board of Trustees,

R1

While there is no evidence that the Modesto City Schools’ Board of Trustees violated the Brown Act, the Grand Jury believes that it would be in their best interest to annually evaluate the ongoing education programs for Trustees, with a specific emphasis on the Brown Act. Response 1 The Modesto City Schools’ Board of Trustees agrees with the finding of the Grand Jury and in accordance with the Grand Jury recommendation has determined that the Superintendent shall assume responsibility for scheduling an annual Board of Trustees workshop with a specific emphasis on a review of the Brown Act.

R2

Furthermore, if the Board of Trustees finds it necessary to make a formal “public reprimand” of a member, such action should be placed on the Board’s agenda, with appropriate notice to the Trustee involved. Response 2 The Modesto City Schools’ Board of Trustees agrees with the finding and recommendation of the Grand Jury and has adopted the following protocol for any reprimand of a Board member: A. An individual Trustee has a First Amendment right to privately question a fellow Trustee. If an individual Trustee chooses to criticize a fellow Trustee in writing, the communication should include a statement that the Trustee is acting in his or her individual capacity, and that the communication is not on behalf of the Board. B. Any action to formally censure or reprimand a Board Trustee shall be taken in open session, after proper notice on the Board agenda, with appropriate notice to the Trustee involved, and will comply with all the requirements of the Brown Act.

R3

In the future, when the Board of Trustees hires a new Superintendent, it should take into consideration the need for a new Superintendent to familiarize him or herself with the culture of the District. Response 3 The Modesto City Schools’ Board of Trustees agrees with the finding of the Grand Jury regarding the impact of the transition to a new Superintendent amidst Districtwide changes and also agrees that the Board should have a more comprehensive plan in place for transition in the future. This plan will include more time between a candidate’s final interview, date of hire, and start date for the position. Additionally, a formal process for meeting with all department/division leaders to gain information regarding current district practices will be scheduled immediately upon hire. At the same time the District was involved in selecting a new Superintendent, the District was also required by No Child Left Behind Act regulations to immediately implement change to improve student test scores. Many of Modesto City’s schools were in Program Improvement. The Board was interested in finding a Superintendent candidate who would address these issues. Many applicants during the selection process cited the fact that Modesto City Schools did not have a Strategic Plan that specifically addressed Program Improvement or remediation plans. Time was of the essence in addressing the needs of Modesto City Schools. Failure of the Board to attend to these issues could have led to severe penalties in which government agencies impose sanctions on the schools and possibly the District in its entirety. The Board of Trustees worked diligently with the Superintendent, staff, employee groups, and the community at large to address these immediate needs. The end result of those meetings (after almost a full year) was the District’s Strategic Plan. Coupled with the Strategic Plan was the reorganization into Academic Learning Communities that provided horizontal and vertical articulation for the instructional needs of the District. The impact of the Strategic Plan is evident in schools moving toward exiting Program Improvement, the State Superintendent of Schools visiting Modesto to celebrate our student achievement at the elementary level, and the focus of site visitations on the improvement of instructional practices and classroom effectiveness.

R4

To encourage effective communication both internally and externally, it would be in the District’s best interest to designate a person as its Public Information Officer. Response 4 The Modesto City Schools’ Board of Trustees agrees with the finding of the Grand Jury as historically, Modesto City Schools has had a fulltime Public Information Officer. Modesto City Schools acknowledges that the Public Information Officer position is one that encourages and promotes effective District communication. From 2006-2008, there was a full-time Public Information Officer. Due to cutbacks in funding in 2008, the Public Information Officer position was eliminated. Modesto City Schools is in need of a Public Information Officer to again facilitate effective internal and external communications. In support of the Grand Jury recommendation, it is the District’s intention to designate staff, effective July 1, 2010, to formally address the Public Information Officer responsibilities. This designee will be responsible for preparing internal and external communications documents, acting as a liaison for the District and the Board in terms of communication and District programs, projects, and communication and will also help build and maintain strategic plans for effective school to community and District to community Public Relations. Since January 2010, the District has begun implementation of internal and external communications including a District comprehensive webpage with an Employee Services page that contains monthly communications from the Superintendent (ICE- Internal Communications for Employees), Board Highlights are sent to staff and the community following Board meetings, a community publication called the Missive is generated and mailed to families, and a survey requesting staff input on budget issues was presented with results communicated to all stakeholders. The designation of a person as the Modesto City Schools’ Public Information Officer will continue to strengthen and develop both internal and external communications with the goal of increasing positive communications regarding District policies and procedures. The intent is to facilitate effective internal relations and build a community of trust while also communicating with transparency to the stakeholder community.

R5

The District should adopt a comprehensive “Whistleblower Policy” which complies with all State and Federal laws. Response 5 The Modesto City Schools’ Board of Trustees agrees with the finding of the Grand Jury regarding the need for a “Whistleblower Policy.” The Board has adopted the attached “Whistleblower Policy” which complies with all State and Federal laws.