Stanislaus County Grand Jury
2007-2008
From the annual report
The consolidated year-end volume. The individual investigations it contains are listed separately below.
📑 Year-End Report
The full consolidated volume; individual reports are listed below.
Individual reports (6)
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Findings & Recommendations
12 findings
F1:
Relocatable classrooms were placed on the La Grange School site in the absence of Division of the State Architect (DSA) approval. a) Plans were not submitted to the DSA nor did DSA approve plans or issue permits for relocatable classrooms to be placed on the La Grange school site, per EdC 17280 and EdC 17350 et seq. b) No permits were issued by Stanislaus County, as that responsibility lies with the DSA. c) Construction inspections were not performed or reported, per EdC 17311 and EdC 17312. d) Final approval was not obtained before these buildings were put into use, per EdC 17315.
Related Recommendations (1)
R1:
The Stanislaus County Civil Grand Jury recommends that: a) DSA conduct an immediate inspection of the La Grange School facility to determine compliance with DSA requirements for construction on school sites. b) SCOE shall require all school districts to notify SCOE of all construction and to submit copies of DSA construction approval requests. c) SCOE shall require any district with no construction to submit an annual written report certifying to no construction. d) SCOE withhold funds for any school district construction until the district provides SCOE with evidence of DSA construction approval. e) La Grange School District immediately applies to DSA for construction approval for the relocatable classrooms. f) La Grange School District immediately requests an inspection from the California State Fire Marshal. g) La Grange School District removes students from un-approved buildings until they are approved for student occupancy.
F2:
Relocatable classrooms, without final approval and containing several safety concerns, were occupied by students, for classroom instruction over a multi-year period. EdC 17295, EdC 81133, and EdC 81130, et seq. a) Fire inspections were not performed. b) There were no fire alarm pulls or telephones for reporting fires or emergencies in these classrooms, per EdC 17077.10 c) The central fire alarm could not be heard in these classrooms. d) Hasps and padlocks were installed on the outside of the only door of a classroom that housed students.
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that: a) The La Grange School District immediately applies to the DSA for construction approval for the relocatable classrooms. b) The La Grange School District immediately requests an inspection from the State Fire Marshal. c) The La Grange School District removes students from un-approved classrooms until they are approved for student occupancy.
F3:
Safety drills and inspections were not regularly performed, reported, or recorded for several years. a) The La Grange School District did not have a policy for conducting fire drills as required by EdC 32001. b) Fire drills were not conducted on a regular basis, per EdC 32001. c) Mandated inspections by the Fire Marshal were neither requested nor conducted as required. A fire inspection in March 2007 showed “no violations observed.” A fire inspection in January 2008 revealed many violations. A follow-up fire inspection in February 2008 showed that these had been cleared. d) Teachers had neither an adequate nor a reliable way of reporting a fire or emergency without leaving their classes unattended, per EdC 17077.10. e) Teachers had neither an adequate nor a reliable way of knowing if a fire or emergency was occurring elsewhere on campus.
Related Recommendations (1)
R3:
The Stanislaus County Civil Grand Jury recommends that: a) The State Fire Marshal immediately conducts an inspection of the buildings on the La Grange campus. b) The La Grange School is put on a State Fire Marshal priority list for regular safety and fire inspections. c) The La Grange School District installs a hardwired connection to a public, switched telephone network in each new or modernized classroom, per EdC 17077.10.
F4:
Categorical Funds were allotted to and spent by La Grange School District without having the required Schoolsite Council formed to oversee or authorize these expenditures.
Related Recommendations (1)
R4:
The Stanislaus County Civil Grand Jury recommends that: a) La Grange School District form a Schoolsite Council and document its formation and operation, per EdC 52850, et seq. b) SCOE verify that the La Grange Schoolsite Council has approved the expenditure of categorical funds, per EdC 41572. c) The CDE conduct an immediate audit of these expenditures by the La Grange School District and place the district on a priority list for future annual reviews.
F5:
Evaluation, reporting and delivery of services to Special Education students was inconsistent and appeared to be out of compliance with CDE requirements. a) It appeared that Special Education services were not provided in accordance with the CDE requirements, per EdC 56340 et seq. and EdC 56360 et seq. b) It appeared that required members were not present at student Individual Education Plan (IEP) evaluation meetings, per EdC 56341 (b). c) Classroom teachers of Resource Specialist Program (RSP) students were neither advised of IEP meetings nor included in those meetings, per EdC 56341 (b) (2).
Related Recommendations (1)
R5:
The Stanislaus County Civil Grand Jury recommends that: a) CDE conduct audits of the SELPAs within Stanislaus County. b) Stanislaus County SELPA audit the La Grange School District Special Education program and submit a copy of the audit report to SCOE and the Stanislaus County Civil Grand Jury. c) That SCOE develop a procedure to monitor the Special Education programs of its districts, with oversight for small school districts that do not contract with SCOE to deliver these Special Education services.
F6:
A Safe School Plan was neither properly prepared, distributed, nor maintained. a) The required Safe School Plan was not available in the La Grange School office, per EdC 32280 et seq. b) The Safe School Plan was not filed with SCOE, per EdC 32280.
Related Recommendations (1)
R6:
The Stanislaus County Civil Grand Jury recommends that: a) SCOE develop a program to oversee and ensure compliance with EdC 32280 et seq. b) SCOE report failure to comply with the Safe School Plan development requirements to CDE with a recommendation for suitable penalties. c) The La Grange School District develop a comprehensive Safe School Plan, per EdC 32280 et seq.
F7:
The School Accountability Report Cards (SARCs) were neither produced nor administered as required by EdC 33126 and EdC 35256.
Related Recommendations (1)
R7:
The Stanislaus County Civil Grand Jury recommends that: a) The CDE audit the production of SARCs by school districts. b) SCOE develop a system for oversight to ensure compliance by all school districts with this requirement. c) The La Grange School District immediately develop and implement a policy to ensure compliance with this requirement, per EdC 33126 and EdC 35256.
F8:
Attendance accounting procedures were irregular. a) Documentation justifying attendance reports was not provided, per EdC 46000 et seq. b) Reported attendance showed irregularities in the multi-year pattern, per EdC 41601 et seq. c) There are no provisions for excusing student absences, to receive ADA for absent students, in the State Attendance Reporting procedures, per EdC 46300 et seq. d) Absent students were marked as present when the missed day’s work was assigned to them by their teacher. This daily class work assignment program did not meet the requirements of an independent study program, making the reporting of these students as present out of compliance with CDE attendance reporting procedures. e) EdC 46300 (e) (1) and EdC 46300 (e) (2) define independent study programs as lasting five consecutive school days or more.
Related Recommendations (1)
R8:
The Stanislaus County Civil Grand Jury recommends that: a) CDE conduct an audit of the attendance procedures and reporting of the La Grange School District for the last four school years. b) CDE place the La Grange School District on a priority list for the conduct of all mandated attendance audits and reviews. c) SCOE review the attendance reporting procedures of the La Grange School District and establish a program for oversight of future reports.
F9:
Duties of the principal/superintendent were neither specified, evaluated, nor known. a) There was no La Grange School Board of Trustees policy for evaluating the principal/superintendent’s performance. b) Some La Grange School Board members were unaware of the principal/superintendent’s duties and responsibilities. c) The La Grange School Board renewed the principal/superintendent’s contract without it having been seen by some La Grange School Board members and without conducting any evaluation of or accountability for the principal/superintendent’s performance. d) There was neither school board policy requiring staff and teachers to be informed of the absence of the principal/superintendent, nor who the credentialed person in charge was, nor how the principal/superintendent could be reached in an emergency.
Related Recommendations (1)
R9:
The Stanislaus County Civil Grand Jury recommends that: a) The La Grange School Board develop policies and procedures outlining the principal/superintendent’s duties and responsibilities. b) The La Grange School Board members immediately seek training on their duties, responsibilities and functions. c) SCOE provide the La Grange School Board with information on the Commission on Teacher Credentialing (CTC) requirements for credentialing administrators. d) The La Grange School Board evaluate the principal/superintendent’s performance annually and keep written personnel records of them, with one of the evaluations taking place within the 90-day period immediately preceding contract renewal.
F10:
The La Grange School District Board of Trustees has not served with oversight and appears unaware of its responsibilities and liabilities in the conduct of district management and operations. Areas of concern include the following items: a) The scheduling, conducting, and reporting of safety drills were not performed, per EdC 32001. b) The procurement of, construction of, permits for, and inspections of facilities and equipment placed or constructed on the La Grange School site, were not completed, per EdC 17263, 17267. c) Students were housed in classrooms without proper fire alarms having been approved by the DSA and the State Fire Warden’s office, as required by EdC 17074.52(c) and (e). d) Students were housed in classrooms without proper emergency communication devices having been approved by the DSA and the State Fire Warden’s office, as required by EdC 17077.10. e) The La Grange School Board did not require any reports or notifications of compliance with CDE mandates in the areas of construction, safety drills and activities, or the formation of committees, councils, programs, and activities. f) The La Grange School Board allowed the La Grange School District to function without adequate operational and personnel policies. g) The La Grange School Board provided inadequate supervision and oversight of the activities, decisions, and conduct of the principal/superintendent. h) The La Grange School Board did not practice the required oversight in the chain of command for decision-making, management, and operations, between the La Grange School Board and the principal/superintendent. It may or may not have been in a policy. i) The La Grange School Board neither provided for nor practiced adequate controls on funds expenditures, per EdC 42630 et seq. j) The La Grange School Board did not make mandated visits to school each term, per EdC 35292.
Related Recommendations (1)
R10:
The Stanislaus County Civil Grand Jury recommends that: a) The La Grange School District immediately adopt and implement a policy requiring all school board members attend available training for school boards offered by SCOE, California School Boards Association (CSBA), and/or other sources on the Brown Act and the California Education Code. b) La Grange School District adopt a Board training policy that applies to the existing board members and to all future elected board members. c) The La Grange School Board immediately develop and adopt a policy, requiring the principal/superintendent to make monthly reports to the Board of any required safety drills, actions and activities, and compliance with same, of all mandated requirements from all agencies that pertain to the operation of the La Grange School District. d) SCOE develop and implement a program of semi-annual in-service board meetings, in January and August, for all school districts in the county. Further, that SCOE solicit and agendize training items from the districts in advance, with items not addressed during the meeting to be addressed with the submitting district as soon as possible after the meeting. SCOE, through district superintendents, should stress the need and importance of this in-service meeting and encourage attendance.
F11:
The principal/superintendent of the La Grange School District has not fully met the duties and responsibilities of the position.
Related Recommendations (1)
R11:
The Stanislaus County Civil Grand Jury recommends that: a) SCOE develop and implement a program, or expand and existing programs, to train small school principals and superintendents, per EdC 44681 et seq.
F12:
In several instances, documents requested by the Stanislaus County Civil Grand Jury of the La Grange School District were not provided. Explanations from the La Grange School District office varied: a) Some of the records were “not available” b) Some of the records did not exist c) Some of the records were lost in a computer theft d) For some of the records, there was no explanation.
Related Recommendations (1)
R12:
The Stanislaus County Civil Grand Jury recommends that: a) The La Grange School District develops and implement policies and procedures to collect, maintain, and safely store appropriate school and district records.
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Findings & Recommendations
2 findings
F1:
The Stanislaus County Department of Animal Services is operating within the constraints of an inadequate facility.
Related Recommendations (1)
R1:
It is the Stanislaus County Civil Grand Jury’s recommendation that Stanislaus County and its City partners continue with the process to build adequate facilities for the number of animals accepted into the Stanislaus County Department of Animal Services Shelter and that they fund this project without delay.
F2:
The Stanislaus County Board of Supervisors is moving ahead with plans to complete an adequate animal shelter.
Related Recommendations (1)
R2:
It is the Stanislaus County Civil Grand Jury’s recommendation that the Stanislaus County Board of Supervisors, through the Department of Animal Services, continues to support the community in its efforts to improve services to its animals and continues to fund the Spay and Neuter (SCATE) program.
Findings & Recommendations
26 findings
F1:
Hepatitis C is the second most frequently transmitted communicable disease within Stanislaus County. Calendar year 2008 has started with 155 cases the first quarter, indicating that an annualized number of 620 cases could be reported, which is up from the previous year. New cases of Hepatitis C are projected to be identified at the rate of 11.9 per week for 2008.
F2:
The most effective prevention strategy against Hepatitis C among injection drug users is the employment of a sterile syringe and needle for each injection.
F3:
According to the Stanislaus County Health Services Agency, “Table 9. Mode of exposure 2007 Hepatitis C cases in Stanislaus,” of the 519 cases identified, 69.4% did not know how they got the disease, 16.4% acquired it through injection drug use, and the remainder through other means.
F4:
Currently there are no vaccines available against Hepatitis C or HIV.
F5:
According to testimony, in a recent study in Stanislaus County, 25% of those tested at drug treatment programs tested positive for Hepatitis C.
F6:
Further, 33.4% of reported HIV/AIDS cases in Stanislaus County were related to injection drug use.
F7:
Injection drug users become infected by and transmit blood-borne pathogen disease viruses to others primarily through sharing contaminated syringes.
F8:
The National Institutes of Health estimates that in the United States, at least seventy percent (70%) of injection drug users have Hepatitis C and between fifteen and twenty percent (15%-20%) have HIV. Harm Reduction Factors
F9:
According to the HIV Prevention Bulletin issued by the US Department of Health and Human Services, Centers for Disease Control, Health Resources and Services Administration (HRSA), National Institute on Drug Abuse, (NIDA), Substance Abuse and Mental Health Services Administration (SAMHSA), and the Morbidity and Mortality Weekly Report of the Center for Disease Control, November 9, 2007, persons who inject drugs should use sterile syringes to prevent the transmission of HIV.
F10:
Syringes and equipment are shared for many reasons, but primarily because legal barriers have limited the access to sterile syringes. Removing legal sanctions against syringe possession would encourages proper disposal of dirty syringes through a legal syringe exchange program
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors direct the Public Health Department of the Health Services Agency to provide a syringe exchange program, or to seek a contractor, to provide syringe exchange program services within Stanislaus County.
F11:
In a syringe exchange program, a used syringe is required in exchange for a new syringe, thereby enabling the proper disposal of dirty syringes and not increasing the number of syringes circulating in the county.
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors direct the Public Health Department of the Health Services Agency to provide a syringe exchange program, or to seek a contractor, to provide syringe exchange program services within Stanislaus County.
F12:
Harm reduction strategies, such as allowing legal syringe exchange programs, reduce the spread of Hepatitis C and other blood-borne pathogens to law enforcement officials, health care providers, family members, newborn infants, and uninfected injection drug users.
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors direct the Public Health Department of the Health Services Agency to provide a syringe exchange program, or to seek a contractor, to provide syringe exchange program services within Stanislaus County.
F13:
Outreach projects associated with syringe exchange programs provide introductions to early medical treatment for other problems affecting injection drug users. Services offered include risk reduction behavior counseling, housing programs, recovery programs, job placement, and referrals to related services.
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors direct the Public Health Department of the Health Services Agency to provide a syringe exchange program, or to seek a contractor, to provide syringe exchange program services within Stanislaus County.
F14:
Safe community disposal of used syringes is a significant public health issue. A legal syringe exchange program would reduce the spread of Hepatitis C and HIV/AIDS among people, their sexual partners, their children, law enforcement officials, health care providers, sanitation workers and others exposed to discarded syringes in Stanislaus County. Cost factors and related budget savings
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors direct the Public Health Department of the Health Services Agency to provide a syringe exchange program, or to seek a contractor, to provide syringe exchange program services within Stanislaus County.
F15:
HIV/AIDS patients are among the most expensive patients in the public health system. The direct lifetime medical cost for an HIV/AIDS patient from the time of diagnosis until death is estimated to be between $144,000 and $600,000.
F16:
The direct lifetime medical cost of a Hepatitis C patient is estimated to be $100,000. If a liver transplant is needed the additional cost would be at least $300,000.
F17:
The estimated costs of treatment of Hepatitis C and HIV do not include the social implications of lost wages, disability benefits, unemployment or the fiscal impact of lost tax revenue and Social Security contributions.
F18:
A clean syringe costs pennies compared to the lifetime medical and social costs of caring for chronically ill patients.
F19:
The 2007 budget for the Fresno syringe exchange program, a private enterprise, was $47,000. None of its budget was subsidized by Fresno County. It was funded by grants and donations.
F20:
A study titled Science-based literature on Syringe Exchange Programs (SEPs) 1996- 2007, dated October 2007, by Joanna Berton Martinez, reveals the following information: SEPs reduce HIV transmission SEPs do increase enrollment in drug treatment programs SEPs do reduce risky behaviors and injection drug use SEPs do not promote substance abuse.
F21:
Syringe exchange programs do not encourage the use of injection drugs and do not increase criminal activity. Enabling Legislation
F22:
Assembly Bill 547, Berg, was signed by Governor Schwarzenegger and went into effect January 1, 2006. The bill amends previous legislation (AB 136, Mazzoni) to allow counties and cities to authorize syringe exchange programs in their jurisdictions without the necessity to declare a state of local emergency. The purpose of AB 547 is to simplify the procedure for syringe exchange program authorization in order to encourage the integration of syringe exchanges into Hepatitis C and HIV prevention efforts throughout the State of California.
Related Recommendations (1)
R1:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus County Board of Supervisors adopt a resolution enabling the provisions of AB 547, thus allowing the operation of a syringe exchange program within Stanislaus County.
F23:
Five years ago, AB 136 was signed into law, creating Health and Safety Code Section 11364.7(a). The law reads, in part: “No public entity, its agents, or employees shall be subject to criminal prosecution for distribution of hypodermic needles or syringes to participants in clean needle and syringe exchange projects authorized by the public entity pursuant to a declaration of a local emergency due to the existence of a critical local public health crisis.” Health and Safety Code Section 11364.7(a) protected local government organizations, their employees, and authorized subcontractors in local health jurisdictions that declared a local health emergency from criminal prosecution for distribution of syringes. The requirement to declare a local emergency has been rescinded by AB 547. Support for Syringe Exchange Programs
F24:
The Stanislaus County Civil Grand Jury finds that there is considerable support for syringe exchange programs and for AB 547. National organizations in support of syringe exchange programs include the following: American Bar Association American Medical Association American Academy of Pediatrics American Nurses Association American Public Health Association American Pharmaceutical Association American Psychological Association American Red Cross Council of State and Territorial Epidemiologists 7 National Black Caucus of State Legislators National Black Police Officers Association National Alliance of State and Territorial AIDS Directors National Association of State Alcohol and Drug Abuse Directors U.S. Conference of Mayors U.S. Government Accounting Office Health & Human Services National Institute on Drug Abuse
F25:
California supporters of AB 547 and syringe exchange programs include: Health Officers Association of California California Chapter, National Association of Social Workers California Narcotic Officers’ Association California Medical Association California Peace Officer’s Association California State Association of Counties County Alcohol and Drug Program Administrators Association of California County Health Executives Association of California
F26:
Stanislaus County supporters of AB 547 and a syringe exchange program include: Advisory Board for Substance Abuse Programs of Stanislaus County Hepatitis C Coalition of Stanislaus County Local Implementation Group of Stanislaus County
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Findings & Recommendations
3 findings
F1:
The Stanislaus County Civil Grand Jury finds that the Stanislaus Consolidated Fire Protection District does indeed use the Fire Suppression Assessment revenue from the December 9, 2004, ballot measure for fire suppression services as stated in the ballot measure, and according to generally accepted accounting procedures (GAAP).
Related Recommendations (1)
R1:
The Stanislaus County Civil Grand Jury has no recommendation on this finding, and commends the Stanislaus Consolidated Fire Suppression District for its diligence in the stewardship of the taxpayers’ funds from this ballot measure.
F2:
The Stanislaus County Civil Grand Jury finds that the Stanislaus Consolidated Fire Suppression District will need to enhance revenues yet again, as the Fire Suppression Assessment will not cover all the needs that the District has and shall have in the future.
Related Recommendations (1)
R2:
The Stanislaus County Civil Grand Jury recommends that the Stanislaus Consolidated Fire Protection District Board of Directors review the needs of the Stanislaus Consolidated Fire Protection District, determine future population projections of the Stanislaus Consolidated Fire Protection District, and consider another ballot measure.
F3:
The Stanislaus County Civil Grand Jury has identified that the Stanislaus Consolidated Fire Protection District’s Fire Chief has been required to function as a labor negotiator.
Related Recommendations (1)
R3:
The Stanislaus County Civil Grand Jury recommends that the Board of Directors of the Stanislaus Consolidated Fire Protection District find the means, at its earliest convenience, to move this function to a professional labor negotiator, to allow the Fire Chief to function more effectively in the role of Fire Chief.