i'm amy hollyfield. live in oakland where parents are trying to understand how in the world second graders could engage in sexual acts in the classroom while the teacher was there. i'm terry mcsweeney live in patterson, searchers are going to be bringing out sonar equipment to find a car in the canal. they expect to find the body of the kidnapper and the four-year-old. >> good morning. live look from the vollmer peak in east bay hills. no wind and much colder when you step outside.

an early no early morning accidents, no delays at all. >> good friday morning. it is a friday. thank you so much for joining us. i'm eric thomas. >> and i'm kristen sze. topping our news, parents are outraged and oakland school district are investigating how this could battles possibly happened, second graders engaging in sex acts with the teacher in the classroom. amy? >> the teacher will not be here today. he is not allowed back to school pending the outcome of the investigation. school district officials confirm there were two separate incidents, first one involved several children who took their clothes off. the second time there were two kids involved and they engaged in oral sex. the teacher is not accused of participating in any of this, but his lack of supervision is being questioned.

school officials will be holding classes to review what is appropriate behavior. >> i would like to offer our deepest apologies. this is egregious act lack of supervision. we're trying to establish a school a safe haven. when an incident like this occurs it violates the trust. so we're going to battles to work really hard to repair that to the community. >> reporter: prosecute the principal heard about what happened, she sent a letter out to parents saying the teacher is not coming back to school and she also apologized. they will battles a meeting with the children to try to figure out how and why this happened. live in oakland, amy hollyfield. the letter markham's principal is on our website at

www.abc7.com. oakland police are investigating a sexual assault near lake merritt. a woman was on her way home tuesday night when she was robbed and attacked in a residential neighborhood off lake shore avenue. the victim was treated for her injuries and released from the hospital. police are working with her to get a detailed description of her attacker. investigators are trying to determine if this assault is connected to two others that occurred in the same area in september. prosecutors say a pleasanton university is a front for illegally providing immigration status to foreign nationals. they report immigration and custom enforcement agencies executed search warrants at tri-valley university campus on wednesday. officials say the university caters mostly to online students. they say the school's founder has made millions of dollars in tuition fees by issuing visa related documents that enabled

them to obtain student immigration status. 95% of the students were from india and more than half of them reported their address as single apartment in sunnyvale. >> george gascon has asked pamela harris to decide whether recent police shootings could result in criminal charges against the officers. there may be a conflict of interest. because gascon was police chief at the time of the shootings. however, gascon says he will not recuse himself from the police shooting of a man in a wheelchair. they say the man stopped an officer with a knife. >> they are trying to big themselves out bankruptcy. vallejo has suffered drastic cuts in services.

three fire stations battles been closed and the police force has been reduced by more than a third. the city manager thinks the worst is over. >> we battles stabilized the city to the point where we do not anticipate any further reduction in staffing or other resources in the city. >> the city council will consider almost 300 proposed reforms aimed at easing the financial burden. among the most controversial to pay unsecured creditors as little as 5 cents on the dollar on the debt. recreation and parks commission has given preliminary approval to a deal, it lets the team renew their lease for five years starting this year but. the team hopes to move into a proposed stadium in santa clara

in 2015. the deal must get final approval from the board of supervisors and the commission. see was the weather forecast looks like. >> a little chillier start today. >> the wibtd battles relaxed and it is much cooler this morning. you battles to go out and look at that. oregon and washington to see where the storm track where it's going to remain. they are going to see a pretty wet, friday saturday and sunday. let's talk temperatures. it's much different, we're in the mid to upper 60s around livermore, concord, fairfield and santa rosa. low to mid 40s until you get to san francisco and half moon bay. pretty mild at 50 and 57 degrees. these temperatures, colder than yesterday. except half moon bay where we're at zero. maybe one degree cooler in redwood city. napa, oakland, los gatos, 10-15 degrees cooler than yesterday. friday afternoon, we have the

person for record highs, santa rosa, oakland, concord, most of us in the mid to upper 50s. san rafael, a little cooler and 51. monterey bay, we'll battles mid to upper 60s here. even a 71 in salinas. accu-weather seven-day forecast, mild temperatures will continue with 50s. >> and friday morning where we wo i go. >> and there is a stalled frito lay truck. it's partially block the eastbound lane. it's friday and very early in the morning. and eric mentioned all you need is some dip or sal. >> here is a live shot. bottom part of the screen, they

are not causing any problems and at the bay bridge toll plaza. look at that. good ride across the san mateo bridge. traffic is fine in both directions and that road work in hayward should just be about cleared. >> it's 5:08. >> still ahead, new look at the best companies to work for. >> they vote on slash adult education. what they want to spend montgomery on, next. >> and management shuffle at google, why top executive says adult supervision is no longer needed. >> and miraculous transplant that

>> closed captioning brought to you by mancini sleepworld. good morning. president obama's advisory board. they are switching to job creation and competitiveness. homes sales ended on a high note starting above 5 million homes for the first time since the government's tax incentives. it's providing hope the market may stabilize this year. and aes tops the list of best group to work for. followed by google and data

storage firm. that is the money scope report. it's almost 5:12 now. searchers hope that sonar could tell them what divers could not. whether a car is at the bottom of a patterson canal. terry mcsweeney has the latest for us. searchers, divers battles checked out most of the canal near where the eyewitness said he saw a silver car go in. that is called the siphon where the canal goes along and dives about 70 feet underground, goes underneath a river bed and occupy the other side, hundred hundred yards between where it comes up. that is the area they have to check. take a look at what they found on the other side of the river bed south of where i'm standing yesterday. they found a silver lexus, not the silver corolla, but the car

driven by rodriguez the man accused of kidnapping on saturday. they are pursuing the lead, they battles received many leads from around the state, this is the best they battles. the mother is begging him to release the boy. >> you need to bring him home. i don't know if he is hungry or thirsty. >> sonar equipment is being brought out today. there were safety concerns about current and right next to where tire tracks led into the canal. test results are coming back today showing if the tire tracks belong to the lexus pulled out yesterday or if they belong to another car, maybe the toyota corolla. the amber alert is still in place until authorities know for a fact where the missing boy is. the four-year-old boy, they are

still looking for the toyota corolla, silver and just remember the last three digits on the plate, last four digits, 445. on the silver toyota corolla. >> google's chief executive eric schmidt is stepping down in a surprise shakeup. google cofounder larry paige is reclaiming the top job. submit was brought in because investors believed the company needed a more mature leader but on his twitter account, he wrote day to day adult supervision is no longer needed. he will now act as an advisor to paige. >> i believe larry is ready. he has been working on this time and his ideas are interesting and clever and it's time for him to have a shot at running this.

google says schmidt plans to sell 534,000 google shares over the next year. that would be worth about $335 million. there is a drastic decision in san jose to gut adult education. they voted to take millions of dollars from the program that teaches people english. lisa amin gulezian reports, it's all to protect k-12 education. >> they want to take money away from the metropolitan adult education program and use it instead to fund more programs for children. >> it puts us in a position where we have to feed our own. >> two years ago they gave control of the state funding to the school board, you now the district needs that money, it can take it. parents and students of all ages sounded off about which group should get financial priority. >> i do request that you allow

adult education. >> i urge you to vote for the recommendation. >> the money would restore furlough days, reinstate summer school and help at risk middle school students. >> currently 7,000 adults use the program. >> they battles a good education so they can support their children. >> these guys only get one chance. this is we need to start at the low level. >> all the cuts cuts to adult education will begin in may. lisa amin gulezian, "abc 7 news." 5:16. a modesto woman has a new voice thanks to one of the most complex transplant operations that surgeons can perform.

brenda jensen is the second person ever to receive a larynx transplant. a team of surgeons around the world practiced for two years before performing the complex operation. thanks to their work. she went to sounding like this to sounding like this. >> and i'm doing it. so it was very much worth it to me. >> the vocal cords were paralyzed when a ventilation tube was accidentally removed. her new voice continues to get stronger and she hopes to battles her breathing tube removed sometime in the next few months. >> its new life. >> that's right. it sure is. new morning, it feels a

little different. >> much colder this morning and not nearly as breezy. let's take you outside and see the flags, they are barely limp this morning as we look down the embarcadero toward the bay bridge. let's talk about what is going on outside. live doppler 7 hd, all is quiet. in case you are traveling this morning, dense fog advisory all the way down to bakersfield. visibility on 99 and 5 could be less than a quarter of mile. clear sky, definitely colder, look at this. mid to upper 30s. santa rosa, fairfield, concord, livermore, redwood city. low to mid 40s around most of the bay shore up to san rafael. 47 in oakland and 50 in san francisco and half moon bay. around the monterey bay and inland, low to mid 40s. getting a little frosty around gilroy at 34. a lot of sunshine this afternoon.

we battles a couple records yesterday and couple records are possible tonight. cool temperatures are feeling close to normal so expect tomorrow to be a lot like this morning. no rain or snow in the forecast, at least until february. today is january 21. mid to upper 60s. low to mid-50s in the lower peninsula. low to mid-50s through the north bay. santa rosa, 68. bodega bay, 58. mid to upper 60s along the east bay shore. then upper 50s around the monterey bay. morgan hill, 56. then 71 degrees to for the valley. tonight, 30s will dominate inland valleys. we may be a 41 at san rafael, vallejo and antioch for a little warmer temperatures. low to mid 40s around the bay shore and out to the coast. let's take a look at the setup.

dominating high, you can see it on the left-hand side of the screen. that is where we have the syringe go air and the steering currents for the storm track. we battles a very strong high pressure right now, starting to weaken around the great basin. all right. let's take a look at accu-weather seven-day forecast, across the board all the way to thursday, low 50s at the coast. we'll battles mid to upper 60s around the bay. low to mid 50s inland. hope you have a great weekend. here is frances. >> there is road work on 880, not slowing anyone down, but the drive northbound 880 hayward from tennison up to 92 and southbound by the oakland airport. from 66 out to hegenberger. that is until 6:00 this morning. see all the green. traffic is light and we'll show

how light. in berkeley, drive time, only 19 minutes from the carquinez bridge to the maze westbound. another shot in the south bay, northbound 101 looks good from the peninsula and no problems on 101 on the north bay. live shot in san rafael, this time headlights southbound. get traffic when you want it by going to our website at www.abc7.com. it's under the bay area traffic link. >> you've seen the video, a woman falls into a fountain while talking on the cell phone. next, why her threat to sue is drawing her attention to her troubled legal past. >> and one of hottest new electric cars, why the wait is getting longer. >> and san francisco zoo shows off its newest family member.

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it is just about 5:24 this morning. a pennsylvania woman that fell into a fountain is thinking of suing, she has other legal problems. she is facing charges that battles nothing to do with the mishap. here the youtube it's been viewed million and a half times. the woman in the video, kathy morera is facing felony charges of using the credit account to buy $5,000 worth of merchandise. meantime, she hired a lawyer whether security could battles aided her when she fell in the fountain. >> nobody took my feelings into consideration. nobody. nobody called. are you okay?

it shows in the video nobody went to my aid, not one single person went to my aid. >> she works in the mall says she was text ago friend and just didn't see where she was going, obviously. >> bad news for customers waiting to get behind the wheel of their new nissan. they say they are months behind delivering the electric car. 20,000 customer that has pre-ordered the vehicle may battles to wait until may or june instead of getting one this month or next. meantime, gm says wait times for their chevy volt is running two to four months. >> superbowl fans can expect to see the king of beers associated with the game for years to come. the owner of budweiser has reached a deal to make it the only national beer advertiser in the superbowl through 2014. this year the famous horses will

be featured. beer sales rises as much at as 20%. >> san francisco zoo is showing off the newest member of the family. this giant anteater can grow up to seven feet long and weigh up to 140 pounds. baby and mom are doing very well. this is the first baby giant anteater born in ten years. >> several feet long. >> wow. >> and major push getting underway in silicon valley to try to save caltrain. >> i'm janelle wang, barry bonds is soon headed for trial but today a judge will consider whether key evidence will be admissible or thrown out. i'll tell you about the potentially damaging documents.

>> and a stunning admission leaves parents speechless. oakland teacher now on leave and the claims of sex in the classroom happened involving second grader is. >> an arctic air mass is moving through the midwest and into the great lakes. look at single digit highs. low to mid 30s around boston and d.c. but much colder there this weekend. we still battles snow falling there. no flight delays at any of the airports, maybe some cancellations around boston. check out flight tracker at www.abc7.com.3q with the money you invest in clothes, why risk they'll end up faded or stretched ? try woolite. woolite isn't just for your delicates. it's for all your clothes. with woolite complete you can wash everything

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i'm amy hollyfield live in oakland where parents are wondering how in the world second graders were able to engage in sexual activity at school.

the story coming up. also this morning, investigators reveal plan "b" after the search of a kidnapped four-year-old boy comes up empty-handed. it's calm and cold this morning but sunshine will dominate our afternoons and warm temperatures could give the third day in a row of record highs. >> good looking drive if you are planning to get ready for work and head out the door. minor delay at the bay bridge toll plaza. >> good morning. thanks a lot for joining us. i'm kristen sze. >> and i'm eric thomas. >> a teacher is on administrative leave this morning while officials investigate shocking allegations from the staff. among them that his students engage in sex acts while the teacher was in the room. and didn't notice. amy hollyfield live at markham

elementary school. >> even school district officials are horrified and can't believe what happened. they are promising a full investigation and they are apologizing. the teacher will not be here at markham elementary school. he was sent home while the investigation is underway. he is not accused of engaging in any sexual act. he his lack of supervision is being questioned. they are concerned that both incidents happened in the same classroom. >> on one career, two students were engaged in sexually explicit acts where one performed oral sex on another. in a separate incident, students were disrobing and in various states of undress. >> it's unheard of. this would battles never happened when i went to school or when my children went to school. this is just absurd, unbelievable. when the principal heard about what happened, she sent

out a letter to parents telling them that the teacher will not be coming back to school until the investigation is complete. she also apologized. the district has a counselor talking to the children to figure out how and why this happened. the letter from the principal is posted on our website at www.abc7.com. investigators will return to a canal and use sophisticated sonar equipment to search for a missing four-year-old boy. he was kidnapped tuesday. police say his mother's ex-boyfriend, 27-year-old jose rodriguez snatched him from the grandmother's arm. amber alert was issued. they are looking for a silver toyota corolla. a farm worker reported seeing the car drive into the canal on

tuesday. police are looking for the gunman who opened fired fire at a west oakland park killing a man with the victim's daughter and other children playing nearby. investigators say 31-year-old terrence tomkins was shot near 14th street and died later at the hospital. 20-month old daughter was not hurt neither were any of the other kids. detectives are trying to find out if the killing is related to other recent homicides in oakland. lawyers for former giants slugger barry bonds will be back in court to get more evidence in the weakened perjury case against him thrown out. seven years since barry bonds pled not guilty to multiple counts of perjury and obstruction, he will finally go to trial in march, in the first two of hearings where a judge will determine what evidence will be admissible in that trial. the judge has already barred

evidence to a key witness who has refused to testify, greg anderson was his personal training and a frequent customer of balco labs which developed and sold undetectible steroids. anderson has spent more than a year in prison on contempt charges. the defense is arguing the evidence connected to anderson should be thrown out. urine tests came back positive for steroid use but the former baseball star has consistently said he never knowingly took performance enhancing drugs. they seized batches of material from anderson's home and balco labs. they including doping calendars with the initial with b.b. on it and handwritten notes that said barry. prosecutors will argue they are entitled to use this evidence as a road ed map to lay out their case that bonds lied and misled investigators. prosecutors do battles other

witnesses that could be damaging including a former bonds' girlfriend, kimberly bell and steve hopkins a personal manager. both sides will present their arguments today. the judge will come back with a decision next month and the trial is set to begin on march 21. this morning, san jose mayor chuck reed will join a south bay business organization for a summit on helping caltrain deal with a $30 million budget deficit for the next fiscal year. the leadership group is working with caltrain to review options that might include putting tax measures in front of voters. it relies on muni, samtrans and others for funding. those transit systems are dealing with their own budget problems. right now caltrain has only enough money to run during the morning and evening commute

hours. hundreds of mayors and council members from around the state are planning to join labor leaders to denounce the governor's proposal to eliminate redevelopment agencies in california. some leaders heard from governor jerry brown at a luncheon this week. the governor wants to use $2 billion to offset the cuts in education. opponents say that proposal will kill hundreds of thousands of jobs and harm local economies while doing nothing to solve the budget deficit. it's 5:36. once again we have a clear morning, but you know what, it's a lot cooler. >> it is. but mike, it's going to warm up and see records? >> record highs possible, third day in a row. no wind storm last night. won't be waking up to tree limbs in the yard. we're nearly calm. southeast is calm.

winds at sfo at 6. that still air has made it quite chilly. mid to upper 60s in palo alto, concord, livermore, antioch fairfield and santa rosa. rest of us in the 40s. by noon, total sunshine, upper 50s to low 60s. that sunshine will go throughout the afternoon with a passing high cloud from time to time. look at this low to mid-50s along the coast into the bay. the same thing for san rafael and low to mid-50s around napa and santa rosa. compared to average, much warmer 50 degrees warmer in livermore. redwood city, 6. 8 in san jose. 12 degrees warmer in oakland. sunrise, 7:21. accu-weather seven-day forecast, warm weather will continue all seven days, no rain in sight once again. we have a gorgeous weekend ahead.

pretty nice start to the day. if you are heading to sfo, live shot in millbrae, northbound traffic looks good into san francisco. southbound also delay free. it's delay free everywhere around the bay area. live shot of 880 in berkeley. westbound traffic looks great heading to the bay bridge toll plaza. no delays. and we'll checks out the ride in contra costa, southbound traffic is flowing well. looks like there is a little bit of some fog develop or haze in the distance. a few earlier accidents but nothing blocking any lanes right now. >> it's 5:38. >> still ahead, mission identical. >> we always had different ways but we would meet at the same time. >> twin sisters make a pledge to enlist and why it could be a first for the army. >> and man who mesmerized the

bay area, why he says it was a good thing. ♪ hey! wait up! ♪ [ female announcer ] you see a mud stain. but new wisk sees a particulate stain. with our breakthrough stain spectrum technology, wisk is engineered to fight all the major stain groups like particulates and oils. [ girl ] that lip gloss is soooo cute on you. [ female announcer ] you'll never look at stains the same way again. for a powerful clean against a full range of stains, use new wisk. fight stains with science.

>> closed captioning brought to you by mancini sleepworld. the saga of spider dan.

he vows to beat criminal charges relating to a stunt of scaling one of tallest buildings in san francisco. his jury trial begin yesterday. last september he climbed up the millennium tower making a statement how people can get trapped in skyscrapers. his stunt caused mission street to be shut down for four hours. firefighters shook hands with him. >> trends in the east bay are taking an unusual stipulate for the twins. it's been an unusual journey. they are preparing for boot camp and what may come next. cecilia vega has their story. even their own family battles a difficult time telling them apart. at 18 they tried to go their separate ways but haven't hanged

to get very far. >> we always had to go different ways but in the end we meet at the same place. >> the sisters decided to enlist together. it caught the recruiters by surprise. >> we haven't been able to track a case like this. >> for these sisters the army is a way to pursue an education, make their parents proud. >> my mom was like, once i told her we were going, okay, the army is going to teach you something that i couldn't teach you guys. more discipline, it's going to be different. whole different thing that i couldn't teach. >> you they know the mother is proud because she told them so right before she died of cancer just a week after they enlisted. >> everything you do, i know you guys are going to do good. this is for your future. >> melissa will be the first, leaving for south carolina boot camp in about two weeks.

her sister follows a few weeks later. nine weeks after that for the first time they will go their separate ways. >> we've been together always. we share a room. we battles to share everything for a while. >> so we were like, you know, everything we had to share but we battles rooms we can separate from each other. nice story. if you are thinking of going all out for this year's superbowl party, you may battles some competition. bloomberg business report straight ahead. >> why bay area cities are getting failing grades in the fight against smoking. >> in arizona, congresswoman gabrielle giffords reaches a big milestone in her remarkable recovery two weeks after being shot in the head. >> plus, new poll that gives president obama a big thumbs up

and a major thumbs down. >> and how students at a san francisco school are fighting violence as you see there, with smiles. [ female announcer ] smooth skin? not good enough.

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welcome back. time for the california forecast. clouds approaching on eureka. big sur, 62.

upper 50s around sacramento to 68 in chico. sierra is going to be quite sunny and snow free. dropping down to 47 in tahoe. mid 40s around yosemite. if you are heading down to southern california, los angeles temperatures in the 70s and sunshine, san diego, 70 today and 63 tomorrow and 71. we're going to talk about when we're going to get more snow in tahoe. >> a second great teacher is on administrative leave while the district investigate charges that two children engaged in sex acts in the classroom while class was in session. parents and markham elementary school were informed by a letter. >> this morning, investigators will return to a canal and use sophisticated sonar equipment to search for a four-year-old boy. he was kidnapped tuesday.

police say his mother's ex-boyfriend took him. a farm worker record seeing cart matching the suspect drive into the canal. >> there be a hearing on bear bring bonds' case. he has pleaded not guilty that he lied to a commission during a drug scandal. we'll battles the latest on the stories coming up at 6:00. >> suspected gunman on a deadly shooting that wounded gabrielle giffords is set to be back in court on monday. meanwhile, arizona congresswoman giffords leaves a tucson hospital today and move to a rehab center in houston for next stage of her recovery. giffords has made remarkable progress since the shooting rampage less than two weeks ago. she smiled when doctors wheeled her outside for the first time to get some sunshine and fresh air. giffords' husband mark kelly says he expects for her to make

a full recovery. >> again, it will be what the person needs. >> it will let me be there by her side as much as possible. >> houston is home to the rehabilitation center and also to johnson space center where mark kelly is an astronaut. he says at some point he could return to work assisting his wife every day. >> the polls show that most americans life president obama. associated press finds that 83% find mr. obama likable with about 53% approving of him favorably. 53% approve how the president is governing the country. that puts him in the middle comparing to other modern day presidents. only 26% believe the president has kept most of his campaign promises. they like him but don't feel he kept his campaign promises.

>> a lot of folks are enjoying this spring weather. you know me, i'm watching the snow situation. >> it's still fine, we battles so much but it is melting and we if a need more. take a look outside. as we look down from vollmer peak. this is what you would see. there is some haze hanging over. a little tule fog trying to push into the east bay valleys. look for a little bit thicker haze and some fog in those areas. let's talk temperatures. it is much colder this morning. that is our first weather story. it allowed temperatures to drop in the mid 30s, napa, livermore and redwood city. antioch and most of the cia shore, low to mid 40s. oakland at 47. san francisco and half moon bay, still 50, starting to get frosty

around gilroy, 34 degrees. first highlight, bright afternoon with more record highs possible. we set a couple yesterday. this will be the fird day. clear tonight but the temperatures we're dealing with, we'll deal with tonight. pretty close to average. what we're feeling is so much different than yesterday. today right now, january se. we are at 58 in brentwood. cool spot in east bay valleys. low to mid-60s and where you see an asterisk that is the temperature that gets close to the record high. oakland and hayward, we'll battles mid to upper 60s throughout the east bay shore. down in the south bay, mid to upper 50s. on the peninsula, mid to upper 60s. as we head over to the beaches, low to mid-50s. through the north bay valley we start in the low 60s around san rafael and sausalito, work our way up to 68 in santa rosa.

to 70 in ukiah. mid to upper 60s around the monterey bay and carmel. mid to upper 50s for gilroy and hollister. for tonight, os will dominate our inland valleys once again. 41 in antioch, vallejo and san rafael, low to mid 40s around the coast and out into the bay shore. it will be calm again tonight thanks to this area of high pressure. it is weakening which is why we don't battles the wind this morning, it is still strong enough to keep us in this dry offshore pattern and that low off to the north and all the storms will hit washington and oregon if you are heading that way. look across the board, 50s, low 50s at the coast. mid to upper 60s around the bay and low to mid 50s inland. total sunshine all seven days. have a great weekend. accident reported in san francisco, south 101 at silver and chp got there and already

gone. southbound 101 and 280 in and out of city, mass transit systems reporting no delays. i do want to take you a live shot of 680 in walnut creek where we started to see fog develop. you'll notice a little bit, it might be spilling in from the central valley. traffic is light all the bay area. no delays elsewhere but if anything changes that we post it on our website 24/7, www.abc7.com. superbowl related businesses are scoring big time this year. >> bloomberg reporter jane king with this morning's report. >> good morning. spending on superbowl, food, beverages and entertainment poised to jump. they are up by more than 50% compared to last year.

they are waiting for all electric nissan car. many people may battles to wait until summer because of production problems. >> and google offers,. board shakeup of hewlett-packard replacing four board members, increasing the number of women. and president obama getting new help, president has asked him to head the outside panel of economic advisors. lower close and today, investors are looking at bank of america, reporting a quarterly loss. did he kroo creasing the state value of the mortgage unit. marriott lowering the curtain on adult films, they are liability because kids may see see them and revenue there is falling anyway.

i'm jane king with the bloomberg business report. >> bay area cities battles received good and bad grades on smoking policies according to a new report card from the american lung association. the study graded the states and cities and counties in how they protect the public from secondhand smoke. san jose got a "d". five bay area counties and cities received and "a", albany, contra costa county, richmond, santa clara county and union city. san francisco middle school are fighting violence with smiles. students at the school in sunset district are being encouraged to smile at each other throughout the day as part of the school district's success week. >> in hallways and classes they smile at each other, it builds up community. i may not know your name but i'm

going to give you a smile and brighten your day. >> the school putting smiles in the hallways, watching for grins and surprising students with stickers, i got caught smiling. when you smile, it makes a reaction it makes you happy. >> it's a great idea. >> just ahead at 6:00, bay area university that officials now say is nothing but a cover for illegal immigrants. >> shocking behavior in a second grade classroom has officials promising a thorough investigation.444444444