Vote NO! on Measure WV from Walnut Valley Unified on November 8, 2016
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Oh No!, Not Again!, Real Grassroots Oh No! on Son of O Movement

Thank You for Reading the Ballot Argument Against Measure WV

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Click to see all the links that back up our argument and rebuttal.

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Beware of Fake Taxpayer Organizations

District Lying to Parents and Students 'For the Money!'


Is district crazy?
3560 students leaving!
Let's go on a building spree!

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Oh No!, Not Again!, Real Grassroots Oh No! on Son of O Movement

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Quick Summary

Even if you've had children in our schools over the last 20 years, the district has been hiding the extent that it's used and abused the District of Choice program. Until January, there was no way for you to know what the district has known for all this time -- more than 25% of the students attending your over-crowded schools live outside the district. The percentage could actually be as high as 35% when you add students with inter-district permits, students whose parents work in the district, and cheaters who lie about their residence in order to get their children into your schools.

Did the district tell you that the reason for the crowded classrooms and traffic jams around your schools was due to thousands of out-of-district parents shuttling their children to your neighborhood every day of the week?

Did the district tell you that it's been raking in millions of dollars of "PROFIT" each year and spending it like a drunken sailor, rather than using it to maintain the facilities which have been wearing out much faster?

When the district asked you for $79,600,000 in bond money in 2007 (Measure S (2007) and Measure Y (2007)) to repair and expand your schools, did it tell you that it is was going to use the money at certain schools to attract high-achieving, motivated parents from outside the district? Did it tell you that in 2000 when it asked you for $50,000,000?

Just about everything the district has been telling you publicly hides these facts and more.

There were, if you can believe the district, leaky roofs in 2007, when it asked you to kick in more money. After spending $100,000,000 in facilities money over the past 10 years, there are still leaky roofs. The district will NEVER fix the leaky roofs, because its marketing firms know that leaky roofs sell bonds.

District of Choice

On August 27, 2016, the district held a rally to scare out-of-district parents to fight for the "privilege" to send their children to your schools, without having to pay for repair and expansion to accommodate them.

The district lied to the parents that their children would have to go back to their home schools. The district has no shame. It can get away with it if it keeps you in the dark. However, its carefully crafted scheme came crashing down around it in a single day. Watch the videos. It was a gang demanding that you turn over your money because they wanted it.


The main speaker is Sam Castorena, a mortgage banker, who lives in the Pomona Unified School District. In January, when he was lobbying to continue this program in Sacramento, he was interviewed by EdSource, where he bragged "about 10 families in his neighborhood in Diamond Bar carpool to send their kids to Walnut Valley schools." Castorena also rallied the out-of-district parents to make phone calls to convince you to vote for Measure O (2015) last year. Castorena's wife, Nancy Lopez, even donated dinners for the phone callers. Castorena is also on the Walnut Valley Unified citizens' bond oversight committee (CBOC) along with, currently, at least three other out-of-district parents, like Pomona resident and oversight committee chair Clark Rucker. They're not even district taxpayers like you. You just can't make this stuff up. These people are cheerleading and influencing how your money is being spent.

The disgraceful pandering by Bob Huff and Ling Ling Chang demonstrates how low they will stoop to get a few votes. The legislature created the school taxing districts. The legislature created the system of district lines and zip codes. The legislature can end it, then anyone can send their children anywhere. Believe me when I say that these parents will be up in arms against that, too. They want to keep the inequitable system of public education as long as they can beat the system for their own benefit.

Lying to the Children

This really makes my blood boil. The district has no sense of decency. This is the story of an out-of-district student (Zaahel Aponte) who commutes by bus over an hour each way to get to Walnut High School each day. My heart goes out to him. I also commuted to high school for four years in New Jersey - a mile walk to the bus stop, two buses, and another two-mile walk to school (then in reverse to get home) -- snow, rain, cold, heat -- every day.

The law says "high school pupils admitted under this article may continue until they graduate from high school." Education Code 48308(d)

The law says he's going to be able to graduate from Walnut High School. Why do Zaahel and his friends who made the video believe otherwise? Because the district is lying to them all. It's shameless. The district doesn't care about Zaahel. It cares about the revenue he brings in. It's all about filthy lucre.

Fake Taxpayer Organizations

You have to wonder. What was the district thinking?

Clearly, it was thinking with its (fill in the blank) or it wasn't thinking at all.

After you disagreed with its money-grab last year, it decided it needed to load up with more ammunition -- more money and different endorsements (not from the same old political hacks it usually cozies up to).

It found it already had the connections. One its brand-new citizens' bond oversight committee (CBOC) members was connected with his wife's fake taxpayer organization (UWT). And UWT was connected, through its lawyer, to another one. It was very convenient.

California Taxpayer Action Network

Nonprofits Linked To San Diego Attorney Cory Briggs Flout State, Federal Laws May 28, 2015 (KPBS San Diego)

Listen to audio (above) for details.

United Walnut Taxpayers

Listen to audio (above) for details.

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Introduction

This site exists to provide you with all the information that the district and the school bonds cartel doesn't want you to know about. I believe that when you know what's really going on, you may have a different view of school bond measures now and in the future. It's not a pretty picture, despite all the cute photos of children or young college students that you're getting in the mail.

If you don't have your sample ballot booklet handy, you can peruse my word-searchable version of the measure and as many supporting documents as I've been able to find. This is a permanent link for Los Angeles County Measure WV (2016 General Election) for Walnut Valley Unified.

Unlike the Yes-on-Measure Committee that is sponsored by the school bonds cartel, opposition has had little time to organize. The opposition is, after all, working people like you who likely didn't even know there was a tax measure on the ballot until you started seeing professionally produced Astro-Turf signs around the district and carefully written mailers with focus-group-tested claims designed to make you feel guilty for not supporting the measure.

I'm providing this forum to make it easier to connect with others like yourself. If I know of even slightly organized opposition, you'll find it here.

The epitome of the school bonds cartel is C.A.S.H. - Coalition for Adequate School Housing. Walnut Valley Unified is a member of C.A.S.H. and uses your tax dollars to pay it dues and to send its employees to conferences to learn how to exact more taxes from you and to learn how to spend it with other C.A.S.H. members.

The buck stops, literally, with you. You are the opposition, if you choose to be. It's not a Mission Impossible. It's doable. You are many; they are few. They rely on Astro-Turf money. They believe they can win by throwing a big enough pile of money at you.

If you're

Walnut Valley Unified wants you to believe that Measure WV was proposed as the result of a lengthy fact-finding process that took months of input from people who live in the district. This is simply not the case.

Yes, the district put on public participation dog-and-pony shows. Yes, people got to voice their opinions. Yes, people were brought to a consensus. None of that matters, however, because the language of the bond promises only two things: One, the district will issue the bonds. And two, it will spend the proceeds. Read the fine print (the long, incoherent paragraphs) and see for yourself.

Our Argument

Argument Against Measure WV

We're parents. We love kids. We're your neighbors. We love our community.

We support our schools. We don't support wasting your money on vague, unenforceable promises.

Last year District spent $214,396.93 of your money for elections. You rejected Measure O. (http://bit.ly/NoWVUSDBond) District didn't like outcome. It's wasting your money again on this election.

Don't be deceived by District's campaign funded by businesses that benefit from bond money. (http://bit.ly/NoWVUSDBond) Beware of plaintiffs masquerading as "taxpayers." (http://bit.ly/NoWVUSDBond)

Last year District's campaign raised $106,842.50 to convince you to vote for its scheme. We talked to you face-to-face. Perhaps you remember us at your door.

Why Vote No on Measure WV?

- It's virtually, word-for-word, identical to Measure O which you rejected last year. (http://bit.ly/NoWVUSDBond) District still won't tell you what it'll spend the money on.

- Did you hear about a list? Why isn't list in Measure WV? Because District would have to spend the money ONLY on those things?

- Can you trust District? For months it's claimed Board was "considering" bond. Meanwhile, its campaign raised thousands from donors months before Board voted. (http://bit.ly/NoWVUSDBond)

- Remember fancy mailer from District about bonds in April? (http://bit.ly/NoWVUSDBond) Remember fancy mailer about meaningless rankings in June? (http://bit.ly/NoWVUSDBond) YOU PAID FOR IT ALL. Is that fair? Using your money for campaign to persuade you to vote for bonds?

District could have replaced all the objectionably vague language from Measure O with "list of the specific school facilities projects to be funded" as required by California Constitution. Why didn't it? Because it wants vague language that gives it a BLANK CHECK and NO ACCOUNTABILITY?

Don't vote to waste your taxes on vague promises. District didn't keep its promises from Measure S (2007). (http://bit.ly/NoWVUSDBond) It spent $64,600,000 and still has "leaky roofs?"

Bond money is like drugs. Don't give District another fix. VOTE NO!

Katrina J Hirabayashi
Elementary School Teacher

Glen N. Taylor Jr
Father of 2 WHS Grad.

Ivy H. Kuan
Engineer & Parent of 2 WHS Graduates

David Manzetti
Accountant & Vice President of Mfg. Firm

Pauline Bereiter
Mother of 7 WHS Grads

Our Rebuttal

Blah, blah, blah! Same cliched argument District used last year. Same signers too.

Who'd pay more for home in District when students can live anywhere?

Did you know that MORE THAN 25% of students (3,500+) live outside District? Do you feel that's an important fact? Why does District hide it? (http://bit.ly/NoWVUSDBond)

Do you owe out-of-district parents anything?

One day after Board voted to waste your money on second largest tax increase ($305,911,275) in District history, California legislature tabled SB-1432 ("Walnut Valley Unified School District Bailout Bill"). Howls went up at District headquarters. When sponsor #EnoughHuff claims "Teacher Layoffs and School District Bankruptcies Loom," (http://bit.ly/NoWVUSDBond) he's talking about Walnut Valley Unified School District. Superintendent says "catastrophic for more than 3,500 of our students." (http://bit.ly/NoWVUSDBond)

No joke. Joy-ride is over. District enrollment will fall to natural low over a few years. District has serious belt-tightening to do. What will it do with all those empty classrooms?

Do you feel District's telling you everything you need to know? Do you feel it's being transparent? Is it being honest?

Can you trust District?

You're not voting on what's on District's website. You're not voting on Board resolutions. You're voting on Measure WV. Nothing else counts. Measure WV becomes law. Measure WV doesn't contain specifics. It's purposely vague. Specifics would bind District. Vagueness is a BLANK CHECK. Specifics provide certainty. Vagueness means anything goes -- NO ACCOUNTABILITY.

Will District use capital appreciation bonds as it's done in past? (http://bit.ly/NoWVUSDBond) Measure WV doesn't prohibit it. Side promises mean nothing.

STOP WASTE. STOP BLANK CHECK. VOTE NO!

Steve Bogan
Teacher - resident

Herman Mark Schowe
Ink Manufacturer

Steven O'Barr
Father of 2 district students, teacher

Kevin House
Foster Parent / Parent of 23 WVUSD students

Evonne Wang
Mother of 2 Walnut SD grads

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What You Need to Know

There are two primary things I've learned over the past year that I think will give you the big picture.

Number 1

I'm going to go out on a limb here and make a categorical statement that none of the Proposition 39 bond measures that have been placed on local ballots around the state over the past 10 years are in accordance with the law. The law, in this case, is the California Constitution, Article XIII-A, Section 1(b)(3)(B).

Not a single one of the 45 Prop 39 bond measures on last June's ballot is a "list of the specific school facilities projects to be funded." Not a single one of the 184 Prop 39 bond measures on this November's ballot is a "list of specific school facilities projects to be funded" either. That language is a mandate in the Constitution that permits an exception from the general rule that school improvement bonds require a two-thirds vote for passage.

The school bonds cartel was behind the passage of Proposition 39. You can read for yourself its unmitigated glee with the results of the primary election in 2002 in its own words, the first election at which Proposition 39 bond measures could be placed on the ballot anywhere in California.

Number 2

There is a massive, organized lobby that operates all over the state whose only goal is to make its members money or gain them prestige or political power or all three. I call it the school bonds cartel. Since Proposition 39 passed in November 2000, the school bonds cartel has persuaded local voters around the state to indebt themselves for nearly $200 BILLION, all secured by their homes.

After a 10-year drought, as the money spigot was about to drip its last dollar, C.A.S.H. took the initiative (pun intended) and placed another $9 BILLION state-wide bond on the ballot for November 2016. That's Proposition 51 sponsored by Yes on Proposition 51 - Californians for Quality Schools, sponsored and funded by Coalition for Adequate School Housing Issues Committee and California Building Industry Association Issues Committee. It's name is so long because, thankfully, it has to disclose that it's not Californians like you and me -- it's just the special interests that will grab every penny of that $9 billion over time, whether or not your children actually benefit. It only cost it about $1.5 MILLION to get it on the ballot. If it passes, that's an excellent return on investment.

I should have had an inkling of this, but I was naive, perhaps because I didn't really know anything about school improvement bonds. When you follow the money, all becomes clear.

What you should take away from these two things is that your local school and college districts have gotten into bed with the school bonds cartel to soak homeowners (mostly) and small business owners for the maximum amount of money that the law allows or that the market will bear, whichever is greater.

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Financial Reports

This is, perhaps, the most disgusting part of a bond measure campaign. Almost as if by design, the campaign financial filings are almost impossible to come by. The county registrar of voters is the only place where you can get the filings. They're on paper, often faxed, and sometimes hand-written. (There is no searchable database in any county in the state.) You have to travel there during business hours to get them. (Some counties have the images of the paper filings on-line in a heavily redacted, nearly useless form.) In a word, it's a Herculean task.

Do you believe in fairies? How about angels? Who gives money to a Yes-on-Measure Committee? The answer to this question raises the specter of all kinds of political favors, waste, and public corruption. The proof is in the pudding, as they say.

For a truly stunning report of how the school bonds cartel operates, see the Los Angeles Times investigative report, Billions to Spend. It would take a full-time team of lawyers and journalists years to report on all the corruption connected with the school bonds cartel around California. Note that the Los Angeles Community College District, the target of that investigation, has no shame either. It's put a $3.3 BILLION bond measure on the November 2016 ballot.

If you were to believe the Yes-on-Measure Committee, it's a bunch of "grassroots parents, teachers, and community leaders." In fact, the school bonds cartel rears its hydra head again. The donors to the Yes-on-Measure Committee are a who's who of C.A.S.H. go-to firms.

Why is this secret, you might ask? Because it's nearly impossible for average folks like you to get your hands on the reports that the Yes-on-Measure Committee and the major donors must file. The reason that it's so easy to keep this hidden is because of a dysfunctional campaign finance system that splits the responsibility between the Secretary of State and the county registrars and the mish-mash of systems that have sprung up as a result with each county creating its own system ranging from hard-copy paper filings to placing heavily redacted paper filings on line.

By the way, it's not just the Yes-on-Measure Committee. There's a strong correlation between these contributors and many governing board candidates. What would you think if contributors to governing board campaigns and the Yes-on-Measure Committee received contracts with the district, either before or after a bond measure election?

I don't have all the campaign filings for Measure WV. Would you be an angel and visit your county registrar's office to get a copy of the filings? Call or text me at 909-378-5401 and I'll walk you through what to expect. It's not difficult, if you can spare the time and small expense, but it's extremely helpful to everyone else who will visit this page. The information will be also be added to our growing database of Yes-on-Measure Committee donors to help connect the dots all over California.

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Legal Requirements

How many times can you find references to state statutes or codes or law in the question, in the full text, in the arguments, in the impartial analysis, and in the tax rate statement? Why is it there? The only reason it's put in there is to give you a false sense of comfort.

Let me explain.

If something is required to be done by law, then it's not optional. Adding language that says the district will follow the law adds nothing. Wouldn't one expect that anyway? Then why put it in?

I'm building a library of past bond measures for reference. The earliest one currently in the library is from November 2002. This was the first general election where the brand new Proposition 39 (55%) bonds were on the ballot. Look at how simple it was. Los Angeles County Measure J.

In some cases, the ballot measure goes to great lengths to quote or paraphrase what the law says. In my view, this is dangerous because the paraphrased language is not the law. Will the district follow the paraphrased language or the actual law, if you approve this tax measure? The only way to know is to sue in court, which requires lawyers and a lot of money.

The law hasn't changed since that 2002 measure was placed on the ballot. The only reason for all the legal gobbledygook is that C.A.S.H. members have conducted focus-groups and have determined that putting in all that meaningless legal mumbo-jumbo sells better.

Legal Interest Rates

This is usually right in the question, but can appear elsewhere in the full text. Again, what purpose does it serve, except a false sense of comfort. Did you know that legal interest rates are currently up to 12%? Does that shock you? Would you take a 12% loan on your house? Of course not. Why didn't the consultant who wrote the question put in the maximum 'legal' interest rate? (You didn't think district officials wrote it, did you?) Because "at legal interest rates" sells much better than "at up to 12% interest rates."

It's just part of the sales job.

Accountability

If there's one thing you'll see throughout the sample ballot materials and all the propaganda materials you're receiving in your mail is how much accountability there is. Why do the advisors put so much attention on this? As you'll see, the reason is always the same -- because it sells.

In fact, the sole purpose of the Smaller Classes, Safer Schools and Financial Accountability Act of 2000 was to undermine opposition to the passage of Proposition 39. Like all legislative acts, the title of the act is the sizzle. It looks good. It sounds good. It means nothing. Oftentimes it's actually an oxymoron, meaning it does the exact opposite of what it sounds like it does. This case is no different. There's mention of accountability in the act, but in practice, the trustees control the two groups that are deceptively described as independent.

The independent citizens' bond oversight committee (CBOC) actually serves at the pleasure of the trustees. In practice, the trustees adopt the committee's bylaws, restrict its activities, and manage its meetings where high-level administrators and vendors are always in attendance. If you'd like to learn what really goes on in these meetings, read about the initial meeting of the Torrance Unified School District CBOC -- The Big Switcheroo.

The two so-called independent audits, which are constitutional provisions, are actually anything but. Note that each bond measure must have two audits every year until all the funds have been spent. This is very lucrative business for accounting firms. Would you guess that these accounting firms are members of C.A.S.H.? That should tell you to whole story. The school bonds cartel is like a vertical holding company. It controls every aspect of school facilities projects in California from selling the district officials on a sky-high pile of money (not very hard to do) through to final repayment of indebtedness.

An audit is an opinion that certain financial practices are in place and that nothing appears out-of-line. It's a very conservative thing. It's based on the data provided. It's not looking for trouble. It's looking for the mundane. The district determines what data to provide. It's looking for a good report. Of the thousands of audits performed in California each year, do you know how many didn't report a clean bill of health? Does zero sound reasonable? Like I said, the accounting firms are just doing the job they're paid to do with the data they're provided. These are not forensic audits looking for trouble. These are routine audits looking for the mundane. Did I mention that this audit business is very lucrative?

So why do I say that there's no accountability? Because even the scandals like Sweetwater in San Diego County that led to criminal convictions, passed all the accountability procedures. Grand jury reports like those in Contra Costa, Orange, and Solano counties are routinely rationalized away and ignored.

Are bond funds being wasted and misused? Without a doubt. Guess how many prosecutions have been initiated by county district attorneys for misuse of bond funds under the Smaller Classes, Safer Schools and Financial Accountability Act of 2000? Zero.

The so-called watchdogs are asleep at the wheel. Those few souls who have uncovered the waste and misuse are left to their own resorts. You can bring your own civil suits at your own expense and on your own time. Those stories are seldom told by a disinterested press that's just trying to survive the age of the Internet.

Impartial Analysis

This is really one big joke. It looks all official and all, written by the county counsel, but it's just a fill in the blank form that fulfills a requirement of the legislature.

It basically says: NOTHING IS AS IT APPEARS. BUYER BEWARE!

How many trees have been killed putting this meaningless fine print in millions of sample ballot booklets for all these years?

Bottom Line

Of all the legal mumbo jumbo in the measures and their related documents, there is not a single provision of law that sanctions a district for non-compliance. In other words, the districts can violate the provisions of the law, which they do, with impunity -- without consequence. Sure, you can a file lawsuit at your own expense to attempt to force the district to comply with the laws it's subject to. The best result attainable would be an order for the district to follow the law with absolutely no consequence. Note that the district pays for its defense with your taxes, so it's no skin off its back.

And if you the think in-house counsel and outside lawyers are giving advice that is competent or that explains all the legal possibilities, then all you need do is look at all the lawyers that are part of the school bonds cartel and C.A.S.H.. A retired lawyer in Monterey County who writes extensively about the legalities of the persistent expansion of public employee pensions has even suggested that these yes-man lawyers are violating there own code of professional responsibility. It's become so prevalent that no matter what legal violation you raise, the district will always claim that its counsel has said the district is following the law -- just before it loses in court or on appeal.

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Fairness

Do you think it's fair when a district uses public resources to influence an election that it has a direct interest in. An election like a bond measure election, let's say.

Kamala Harris, California's current Attorney General has weighed in on this issue. You can read the official opinion which was just published in January 2016.

For my analysis on the Attorney General's opinion, see Attorney General Weighs In.

This is one of my pet peeves. The district says it's simply providing allowable 'information.' Don't buy the lame lawyers' argument that as long as the material doesn't tell the voter how to vote, it's legal. The Attorney General didn't buy it. One look at the fancy, colorful, image-loaded, campaign-style mailers and you know in your gut that it's not information -- it's persuasion and it's designed to influence the election. As the Attorney General points out, that violates the law.

What can you do about it? Plenty. Unfortunately, you won't be able to stop it in time to make a difference for the current election. If you want to know the tactics that have worked, then you'll have to join the weekly Wednesday night call here.

There's also the issue of the Yes-on-Measure Committee name. The advisors know that it's a 'sponsored' committee, but it doesn't help the campaign when the committee name that appears on all communications includes a description of the major contributors. So it doesn't. (That's why the campaign finance filings are so important.) The advisors know that even if a complaint is made to the FPPC, a decision will only come months after the election. When you're looking at hundreds of millions of dollars in spending money, even large fines look tiny by comparison. Don't let them get away with it.

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Previous Measures

The district has had previous bond measures. It will carefully select the most impressive facilities improvements that it can find to convince you that it's done a good job. The consultants will have beautiful pictures taken. It'll all be just marketing.

What you won't get is a detailed report of where ALL the money went. You also won't get a report of what the actual cost of any individual project was. Nor will you get a report of the tax payments allocated to the project. Why? Because it's not a pretty picture. C.A.S.H. estimates that, at best, only one-third of the actual taxes that you pay will go toward the actual facilities. At least one-half will be interest payments. The rest will be administration and other ill-defined soft costs, like administrator salaries (yes, despite the yelling on the ballot measure to the contrary) and paperwork.

Previous Measures
  Votes
Year Measure Amount Result Yes % No % Yes No Total
2016 WV $152,880,000 Passed 64.9% 35.0% 12,402 6,699 19,101
2015 O $208,000,000 Failed 53.1% 46.9% 1,848 1,632 3,480
2007 S $64,600,000 Passed 61.1% 38.8% 4,159 2,638 6,797
2007 Y $15,200,000 Passed 56.8% 43.1% 3,859 2,925 6,784
Previous Measures
Year Measure Amount Status
2015 O $208,000,000 Failed
2007 S $64,600,000 Passed
2007 Y $15,200,000 Passed
March 2000   $50,000,000 Passed

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School Accountability Report Card (SARC)

Is the district painting a truthful picture about the state of the schools? Do they really have "leaky roofs," "deteriorating plumbing," and sweltering classrooms?

If you don't have children in school, you may not be aware that the legislature requires that school districts complete a report card every year. The report card describes, in detail, a whole range of statistics and details about each school in the district. Importantly, for the purpose of considering a bond measure, there is a facilities sub-section, under Section A (Conditions of Learning). The sub-section is called School Facility Conditions and Planned Improvements (Most Recent Year).

SARCs for Walnut Valley Unified Schools

Let's make a game of this. Find the school that doesn't have a perfect facilities report card. Give up yet? So is the district lying on the report card or on the ballot measure?

Remember, the ballot measure is written by the consultants that are mailing you the same propaganda. It's designed to make you feel guilty.

Want to go a step further? Call the district and set up an appointment to inspect a school for yourself. If the district were to let you, which it won't, make sure to bring a video camera so that you can record your report so that others might benefit from your experience.

California Department of Education SARC Web Site

 


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