GILROY
– A judge will recommend to the school board whether or not four
school health workers should be laid off to save the district
money.
GILROY – A judge will recommend to the school board whether or not four school health workers should be laid off to save the district money.

A hearing was held in the Gilroy Unified School District office Thursday and Friday to determine whether the district is right in laying off two school nurses, a school counselor and school psychologist.

An administrative law judge with the Office of Administrative Hearings heard arguments from the district and teachers union lawyers, as well as witnesses, as the four employees appealed their layoffs. The judge will make a non-binding recommendation to the school board on May 7.

Much of the debate centered on the deep cuts to school nurses. The district currently employs five nurses, of which two work full time. After laying off two part-time nurses, GUSD will have the equivalent of 2.8 nurses for its 12 schools.

“We are barely able to do our jobs as it is, and I feel that I do my job to the best of my ability,” school nurse Mary Jo Stanley told the judge. “And I really enjoy what I do, it’s my passion.”

When asked whether she thinks the district will be able to provide, according to California Education Code, “diligent care to the health and physical development of each pupil,” Stanley and two other nurses said no.

District nurse Eileen Obata went so far as to say the district’s needs are currently not being met by the five nurses on staff.

“There has already been a decrease in the amount of discretionary services,” she said.

A program specialist with the district’s special education department agreed, saying the district may even lose money with fewer staff because more special needs students would go to county or private programs, which are paid for by the district.

“I think if we were able to provide all those services that students need, we would be able to bring some of those students back from county (programs),” Maureen Romac said, thus saving the district money.

The district plans to eliminate many to all of the non-mandated, discretionary services provided by the nurses next year and focus only on those services required by law. Discretionary services include health education for students on subjects like drugs and tobacco.

Assistant Superintendent of Human Resources Linda Piceno did not answer whether the district will provide “diligent care” but did say she thinks the care will be “adequate.”

The district also laid off a school psychologist, who appealed because the layoff procedures were not followed. As an intern on a temporary contract, she was not entitled to layoff procedures – which would have given her more warning – and she was given plenty of notice, the district says.

One school counselor was laid off because the district may eliminate the services she provides.

The four health workers are all members of the district’s certified employees, along with teachers, because they hold credentials. A fifth certified employee who facilitates the district’s After-School Program also was laid off but did not appeal. The district will save a total of $623,000 by laying off those employees.

Numerous classified, or non-credentialed, employees also are being laid off or getting their hours cut next year, which will save the district more than $1 million.

The personnel reductions are part of the district’s effort to shave $2.5 million from next year’s budget. Even with the layoffs and cuts approved by school board trustees last month, the district is within a hair’s breadth of meeting its required budget reserve.

The court-style appeals hearing ended Friday afternoon. Lawyers for both sides will submit their closing arguments to the judge next week. The board will decide by May 15 whether or not to approve the layoffs.

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