fired him immediately. he's now facing felony assault charges. and tonight the district says they're reviewing the surveillance video to determine if other guards responded poorly as well. >> if we find that other staff members acted inappropriately, we will not hesitate out of sentiment or any other reason to bring the fullest possible punitive measures against them. >> reporter: many students are taking the side of the guard. they've even started a petition to show their support. >> i felt it was necessary. because, i mean, when you show somebody that sheer disrespect -- >> they're interviewing it as peer to peer action, analyzing mitchell's response as how they would respond. but that's not the standard here. >> reporter: the district says clearly, more needs to be done to improve the culture of oakland high. meanwhile, francisco's just trying to move forward. >> it affects my studies because everybody's just watching.

>> reporter: we're told francisco plans to file a civil lawsuit against the school district. we expect a formal announcement on monday. new at 5:00, a special needs student attacked on a school bus by the parent of another student. this is the father accused in the attack. 43-year-old burenss herd, it's said he climbed onto his son's school bus and accused other students of bullying his 8-year-old son. the bus was carrying special education students. it stopped on this block of carlson boulevard to pick up herd's son and the father climbed aboard and allegedly attacked. >> began yelling a screaming on students, focused on one student, picked him up and hit him against the side of the school bus. >> the fifth grader suffered a small cut to his cheek and ear. the father was arrested, police

say he was intoxicated. he's been charged with felony child abuse and he's in jail. mark matthews will join us live with more, including what the suspect's mother is saying about the case. now to a follow-up. the bart police officer who accidentally shot his colleague will not face criminal charges. alameda county district attorney found the evidence did not justify charging michael mays with a crime back in january. he shot and killed sergeant thomas smith jr. in dublin. the two went with a group of officers to an apartment in dublin to search for stolen property. a report says the department had an unusual layout and mays believed he was confronting an armed suspect when he accidentally shot his partner who emerged from a dark closet area. a historic discovery during construction of the bart to san jose project. work crews uncovered remains of native americans. take a look at this map. it shows where on lunde avenue in san jose and milpitas near the new tracks at the great

mall. nbc bay area's damian trujillo is in san jose. this was kept secret for quite a while. >> reporter: it was, terry. there's a purpose for that. the project actually is right behind me here off of lunde avenue. the chairman says protocol is out of respect for the tribe. the find is kept under wraps. those who live around here are surprised to learn this was once a sacred burial ground. the project is in its second year of construction. but today we're learning all work was temporarily halted on the bart to san jose extension project. that's the protocol whenever excavators find native american remains. >> i had no idea, to be honest with you. it's something to think about, that's for sure, yeah. all i can say at this moment. give it some thought before you tear it all up. >> it's very common to find remains. >> reporter: this san jose councilman is chair of the bta board, the agency running the

project, saying the silicon valley is home to many sacred burial grounds, primarily those of the illoney nation. the most recent discovery was 2012 when they temporarily halted construction until the local tribe was notified and the remains were respectfully removed. >> part of that protocol is that once remains are identified, and particularly if they are native american remains, which is what i believe the ones that were found in 2012 are, that they don't publicly announce it. they first inform the tribe. >> reporter: bta worked with the american heritage commission in sacramento to make sure the protocol was followed closely. the silicon valley was once a thriving native american community. i did reach out to a couple of leaders of the illoady nation in the south bay, i have not heard back. damian trujillo, nbc bay area news. more details on the bart to san jose extension. crews broke ground on the

project in april 2012. most of the construction is expected to be completed by 2016. the system will be tested in 2017. the new line is scheduled to open in 2018. however, good news there, bart officials say passenger service may start earlier because of accelerated construction schedules. san jose police officers and leaders hope a cash reward will help catch the man you see in this surveillance video. earlier this month we showed you the video of the robbery inside a store in san jose, the suspect uses his gun to hit one customer in the face and then points it at a worker demanding money. >> we want to send a strong message to the criminals that this is not something that we tolerate here in san jose. this is not something that we can tolerate here. >> reporter: crime stoppers and councilmember chu offered a $1,000 reward for information leading to an arrest.

the man got away with cash in a silver toyota sedan with a get8 way driver. redo. hundreds of students will have to retake ap exams after a seating error. frustrated parents met with school administrators today at amador valley high in pleasanton. the board was tipped off to so-called seating irregularities during the recent exams. the testing service found the seats were too close and not all the students faced the same direction. there are no allegations of cheating. >> the reason i'm so angry is because our kids didn't do anything wrong, but they are the ones who are being punished. >> the challenge, the blessing and the curse, is we have more and more students taking ap every year. we tried to pack a couple more kids in, by doing that we shifted the directionality of a table. >> there is another meeting for parents tomorrow morning. the new tests will be scored on time to meet college deadlines. now to our continuing

coverage of the va scandal. eric shinseki is out as secretary of veteran affairs. he's a disabled veteran himself. he lost part of his right foot to a mine in vietnam. the retired four-star general wanted to stay and fix the va, but agreed with president obama that he'd become a distraction. so he retreated from this fight. this follows a report outlining problems at the phoenix va hospital that exposed waits of more than 100 days and delayed care, all covered up by senior officials. republicans say the buck stops with the president. >> one personnel change cannot be used as an excuse to paper over a systemic problem. >> we need to get to the root of this which is why we've got to have a criminal investigation of the va. >> in a statement, senator dianne feinstein says "whoever heads up the department of veterans affairs must have the authority to terminate negligent senior managers. the house passed a bill that provides authority, the senate should consider similar legislation."

shinseki's deputy sloan gibson is taking over as acting secretary as focus shifts to ending long waits for care in the vast va system. white house press secretary jay carney has resigned. president obama announced his departure today at the white house. >> i'm going to miss him a lot. i will continue to rely on him as a friend and adviser after he leaves, to spend as much of the summer as he can with his kids before he decides what's next for him. whatever it is, i know he's going to be outstanding at it. >> carney has been replaced by deputy press secretary josh earnest. no word yet on what carney plans to do next. the drama continues to churn for the l.a. clippers. nbc news has learned outgoing owner donald sterling plans to sue the nba for $1 billion in damages for forcing him to relinquish the team. the move comes a day after shelley sterling struck a deal to sell the clippers to steve ballmer.

the league will still go ahead on tuesday with a vote whether to terminate donald sterling's ownership of the clippers after an audiotape was leaked last month with sterling making racially charged remarks. facebook founder mark zuckerberg putting his money where the future is. i'm scott budman in east palo alto. $120 million from the facebook ceo to bay area schools. plus, this video could make you squirm. where cameras caught hundreds of rats on the run. and what we're learning about the woman living among them. and the show must go on. we are live over napa valley. bottle rock is back after going bankrupt. the changes made to ensure things end on a happier note this time around. i'm meteorologist jeff ranieri. fog returned to the coastline. that has dramatically cooled temperatures 10 to 14 degrees across the bay.

we'll talk about what that means for that weekend forecast. at 6:00 a stranger walks up and walks away with a package. >> shocking that someone can be so brazen. >> one bay area police department makes a drastic move to nab thieves. does it go too far? >> get into that big brother thing. gridlock. teacher layoffs. and a 60 billion dollar budget deficit. that's what john perez faced when he became speaker of the california assembly. so he partnered with governor brown to pass three balanced budgets, on time. for the first time in thirty years. today, the deficits are gone and we've invested an additional 2 billion dollars in education. now john perez is running for controller, to keep fighting for balanced budgets. democrat john perez for controller.

firsrefused all debates.rnly now honda's slinging mud,

launching false attacks. isn't it time to put the old politics aside? the chronicle endorses ro khanna, saying he "offers an upgrade in congress for silicon valley." and the mercury news says, "ro khanna is ready for the congress of tomorrow... ...while honda is a politician of the past." for our future: ro khanna. khanna: i'm ro khanna and i approve this message. there may be a reason for a rat infestation in san francisco. a woman living in a residential hotel has been breeding rats. then releasing them. police say she was living with 300 rats. the situation had gotten so bad the rats burrowed into the walls and gone into other units. a social worker says the woman has a mental health issue and she's been doing this since 2011. they say she moves when

confronted about the problem. we usually hear about the highly contagious norovirus when it strikes a cruise ship. today in marin county it kept 50 students from school. custodians, staff and volunteer parents disinfected classrooms before student arrived at neil cummins elementary school in corte madera. the students are in two classes. half the students got sick, flu-like sister toms yesterday. the other parties kept kids home as a precaution. >> we've been in touch with the health department. they're very supportive. they've given us -- we always have sample letters ready to go, notices to parents about how to respond to children who may get sick over the weekend. >> parents are asked to carefully evaluate their children monday morning and to keep them home from school if they're not feeling well. a nine-figure donation to help bay area schools coming from facebook ceo mark zuckerberg and his wife. scott budman is live in east palo alto, a district which would love to see much-needed funds. >> reporter: very much.

$120 million to go to local school districts like ravens wood here. the hope that the tech mogul's money will help students find a better future. >> all the ideas that really resonate. >> reporter: mark zuckerberg has been hands-on when it comes to helping bay area schools. now he and his wife will open their wallets, donating $120 million to help local students. >> the bay area's our home. we've seen firsthand that the quality of education really varies in our area, from the highest-performing school to the most underserved of schools. >> reporter: among the districts in line for financial help, ravens wood of east palo alto where students have already received laptops and internships from facebook. >> even though we're here in east palo alto and many of our students and families are low income, they have been able to experience and see possibilities of a different kind of a future.

>> reporter: more money doesn't always lead to academic success. the bay area knows that. as does newark, new jersey, where zuckerberg gave schools $100 million in 2010, with little to show for it. >> i would certainly say that the road is littered with philanthropists that have put a lot of money towards school reform. with not much scoreboard to show for the work that they've done. >> reporter: it's not a sure thing. but one of tech's biggest success stories is reaching out to students in its own backyard. by the way, topping the wish list of the ravens wood school district here, better wi-fi coverage for students. we'll delve into that tonight at 6:00. warnings for people looking for cash hidden around the l.a. area. the person behind the treasure hunt who gives clothes on twitter using the handle

hiddencash made drops in southern california in the past few days. about an hour ago he tweeted more drops would be made in l.a. this evening and weekend. but there's a problem, the clues have drawn large crowds and concern from police as well. burbank police say people searching for money have created traffic nightmares. the l.a. county sheriff's department sent out tweets asking treasure hunters to be safe and considerate. campbell police are holding a treasure hunt but instead of hidden cash, it's hidden challenge coins. those are coins police departments across the country use to i.d. their departments. many people collect and trade them. a san jose man was having lunch in campbell when he got a tweet about hidden treasure. >> that it was under an iconic structure in campbell, i figured it had to be the water tower. i drove by after lunch and here we go. found a nice coin. >> right place, right time. follow the campbell police department twitter page if you want clues how to find one. there will be more clues but not

until next week, they say. happening now, bottle rock in napa valley. our helicopter is overhead as the music, food, and wine festival kicks into high gear. tonight's headliner, the cure. tomorrow, outkast. sunday, eric church. the new promoter is trying to avoid the fiasco of last year's event which left many unpaid. the promoter has paid bills in advance and tickets are still available for this weekend's festival. still ahead, we're going to check our forecast. it's cooled down today. i went hiking yesterday. glorious day. and i was so cold today, my brain felt frozen. >> i know. check out janelle's twitter page. she did this also before and after the fog storm. it is great. we're going to get that up at the 6:00 show. you're right, janelle, it was all about the fog today. you can see the fog storm in san francisco right now, moving in with winds out of the southwest at 18 miles per hour gusting up

to 25 if you are headed there tonight take the jacket. looks like we'll likely have a little bit of drizzle. you may actually need windshield wipers on the car. the remarkable thing, the onshore westerly wind, cool enough to drop all areas into the 60s right now. the north bay in the 65 degrees. east bay 62. we've got 67 in the peninsula. for the south bay averaging 66. so for the weekend, most importantly, the thing you should know, it's not going to be sunny from saturday all the way through sunday. the same system, this trough of low pressure that brought in fog throughout today, it's going to linger tonight. fog pattern not going anywhere. then as we head throughout saturday, the trough of low pressure is going to push a little bit more off towards the east. that's going to provide coastal drizzle. saturday's going to be the cloudier and cooler day. but that's going to be kicking out. as we head throughout sunday, check it out. high pressure returns. that's going to help heat to build back in the forecast. you're going to want to check out that seven-day forecast at the bottom of your screen.

you can see sunday is going to be offering temperatures that could be anywhere from 3 to 5 degrees warmer. let's go ahead and get you into the fogcast. tomorrow morning widespread, thick clouds at the coastline. marin, napa, sonoma counties, areas of clouds. also back for alameda and contra costa county. we'll see clouds down there across san jose. by the afternoon, sunny skies expected for interior valleys from santa rosa right on down to san jose. but, you guessed it, if you've lived here you know this pattern's not going to budge that fog at the coastline. if you're headed there, be prepared for that. let's take you to the microclimate forecast throughout saturday, we'll have sunny skies across san jose. temperatures right near average. awesome day. the fog helping us from getting too hot. you can see in san jose, 78 degrees. morgan hill could be close to where the hottest is, 80. across the peninsula 78 in palo alto, one of the warmest there. as you go toward the northern peninsula, cloud cover will stay

put. 71 in san mateo. san francisco 60s, sun along the embarcadero, along the marina, that cloud cover is going to stay put, and low 60s. north bay, east bay, tri-valley, warmest zone into the north bay with napa at 79. santa rosa 80. for the tri-valley, looks like a round of low 80s coming on back. let's get you into the weekend forecast. saturday will be cooler. by sunday that warmer weather arrives. i don't know, it's looking pretty good both days. if you want that heat, sunday's going to be the day. south bay 83. tri-valley 86. the north bay 85. we talked about the bottle rock festival in napa. and we've got some awesome weather again as we head throughout sunday's forecast with temperatures in the mid 80s. not only that, but if you want to head to the peninsula, maybe this one's for you, janelle. "sunset" magazine celebration. looking pretty good. >> i like the flowers in the background. >> a lot going on. >> perfect weekend to be outside, thanks. still ahead, a major medicare decision. the controversial surgery that's no longer banned. plus free pot.

all you have to do is vote? we'll explain. symbolic gesture, the move prosecutors in santa barbara county are making on behalf of a student killed in that deadly rampage.

one of the victims killed in last week's rampage is being cleared of a small criminal complaint. chen hong, known to family and friends as c.h., was one of the roommates of suspect elliot roger. in january, roger accused him of stealing candles worth $22. c.h. was booked and released and paid a fine. santa barbara county district attorney says that in the interests of justice she has filed a motion to dismiss this case. c.h.'s family says he took the

candles only to trade for a measuring cup that rogers stole. c.h. graduated from san jose linbrook high school in 2012. medicare is dropping its ban on sex change surgery. transgenders receiving medicare may no longer be automatically denied coverage. the request will be reviewed just like any other medical treatment. the decision was prompted by an administrative challenge brought last year by a 74-year-old army veteran whose doctor had recommended the surgery. to an nbc bay area follow-up, more protests today after a morality clause in a contract for teachers. parents and students gathered in oakland this morning upset that at least five teachers have quit over language in the morality clause. the oakland diocese ordered them to sign the contract, some parents say they might take further action. >> we are certainly considering and have already gone on record as saying that we will not be able to give the kind of pledge

money for various things that we do each year to the school beyond tuition. >> under the new contract some teachers are worried they can be fired for being gay, having premarital sex, or using birth control. marijuana, that's right, marijuana will be given out on election day in the south bay. it's an erpt are everyday to encourage voter turnout. dispensaries in san jose are giving free and discounted pot to patients who vote in the june primary election. tuesday's ballot doesn't contain any marijuana-specific deposits but activists have created a cannabis friendly voter guide. a list of clubs participating in the weed for votes campaign will be released on monday. a helping hand for low-income families, a help to the environment too. that story's next.

first, mike honda stubbornly refused all debates. now honda's slinging mud, launching false attacks. isn't it time to put the old politics aside? the chronicle endorses ro khanna, saying he "offers an upgrade in congress for silicon valley." and the mercury news says, "ro khanna is ready for the congress of tomorrow... ...while honda is a politician of the past." for our future: ro khanna. khanna: i'm ro khanna and i approve this message.

we'll be back in half an hour. tonight at 6:00, keeping the streets of san jose safer. new details just in to the news room of the city's plan to strengthen forces in the south bay. habitat for humanity celebrating a grand opening in san jose today. the organization is opening its fourth restore, a home improvement outlet in the bay area. the new restore is the second in san jose. local lawmakers including mayor chuck reed were on hand. >> the environmental innovation center we're opening up includes a place for restore, which is habitat humanity's location to recycle, reuse old building products which will provide low-cost products to the public

and allow people to recycle things that otherwise might be gone in a dump. so that's important and helps habitat for humanity raise money for affordable housing. >> the 1,500 square foot restore is on las mlumas avenue, opens at 9:00 a.m. tomorrow. looking for something to do this weekend? >> a bunch of stuff to do. up in napa? >> look at this, live helicopter shot of bottle rock in napa. i don't know who is onstage. if it's happening there it's got to be good. check out the crowds of people. >> wow. >> that is a huge event. i've never been there but this would be the weekend to go. >> good crowd. >> even tonight, that is hot. low 80s there for saturday. a bit of cloud cover in the morning hours that will burn off by afternoon. sunday looks like the sunniest and the warmest day with mid 80s. if you're going somewhere else across the bay area, we've got you covered. south bay temperatures in the 70s for saturday. east bay mid-60s.

tri-valley 80 degrees. >> i try to look at the band but there are four stages, i don't know which one to hit. >> so many. thanks for joining us. on our broadcast tonight, he's out. scandal takes down the man in charge at the v.a. tonight, now what? how to get veterans the care they were promised. big deal, $2 billion for the l.a. clippers as reports continue to swirl about team owner donald sterling, one of the richest men in the world has stepped up to take over. hillary's book, the chapter on benghazi has been leaked to the press, alswhat about the politics of promotion? is hillary clinton sending a message about her next chapter? and giving back and giving away a fortune. tonight, our first chance to hear from the young m.d. who is the other half of facebook's power couple. "nightly news" begins now. >> from nbc news world headquarters in new york, this is "nbc nightly news" with brian williams. good eveni