October 15, 2020: Board Declines to Seek a TK-6 Waiver, Opens Special Education Cohorts and Sports Conditioning

Chino Valley Unified's board voted on one reopening item in three parts: a motion to seek a state waiver to reopen TK-6 classrooms failed, while small in-person cohorts for students with disabilities and school-based sports conditioning were approved. Emails about Sycamore Academy filled the non-agenda comment period. President Schaffer called the meeting to order with Cruz, Gagnier, Na and Schaffer in the board room and Hernandez-Blair attending by Zoom 1. This page draws on the signed minutes, the agenda packet, the recording, press coverage and a district letter.

🔒 Closed session

The board met in closed session from 5:00 to 5:37 p.m. on a student readmission matter, labor negotiations, employee discipline, an appointment and the superintendent's evaluation 1. It appointed Beverly Hatch assistant principal of the Adult School, effective October 16, 2020 2.

🧑‍🎓 Student and employee representatives

Student representative Justin Rendon reported on student activities and left at 6:06 p.m. 2. Barbara Bearden, CHAMP president, spoke about planning for returning students to school safely 2. Danny Hernandez, CSEA president, thanked the district for taking part in the Great California ShakeOut, spoke about the TK-6 waiver and the need for more health technician hours so technicians are on campus during the school day, and acknowledged National School Lunch Week 2.

📧 Email comments on Sycamore Academy

Under the pandemic public advisory, comments were submitted by email during a set window, and only those received in it were to be read into the record 3. Staff read them in the order received 4. The minutes list these writers on Sycamore Academy: "Angie Bacon, Audrey Han, Karen Hajjaj, Danny Castillo, Diana Lee, Sandy Padilla, Hans Grevenstrale, Jennie Voorhees, Carly Colvin, Sandy Padilla, Morgan Wagner, Peggy Benson, April R., Johanna Russle-Bagarry, Mr. and Mrs. Desai, and Charles R." 2. That is 16 entries, with one name listed twice. Reading stopped at the 30-minute limit, with a note from the dais that unread emails had still been forwarded to board members 5.

The minutes record who wrote and on what subject, not what each said. Staff read each writer's name aloud with the comment, so this page does not summarize the emails from the recording.

The Chino Valley Champion later reported the background: on October 8 the superintendent had sent Sycamore Academy, a charter using district space under Proposition 39, a letter demanding $245,027 within 15 days as reimbursement for over-allocated space 6. The paper reported that Sycamore's director said enrollment had come in below projections, and that a district spokeswoman said Sycamore had projected more than twice its actual enrollment 6.

🏫 Reopening: one item, three votes

At the October 1 meeting, Andrew Cruz had requested an action item on sports conditioning, a TK-6 waiver and special education cohorts. Those minutes were printed in this packet 7 and approved on this meeting's consent calendar 8. His memo recommended all three 9.

The memo noted that San Bernardino County had reverted to the purple tier on September 29, where in-person learning was allowed only through TK-6 waivers, limited special education cohorts and sports conditioning. Waivers were considered where a community's case rate was below 200 per 100,000, and applying did not guarantee one. A cohort meant no more than 14 children and two supervising adults, or 16 people in all 10. State guidance allowed youth sports only with six feet of distancing in a stable cohort, outdoors where practicable 9.

The minutes list 24 people whose emails on this item were read: "Christy Johnson, Kevin Butscher, Lu Alecxih, Jennifer Merrill, Dusty Starkey, Basel Badawi, Tom Geeting, Jenne Hoch, Anacristina Riker, Stacy Howarth, Mike Bateman, Shannon Hartz, Sydney Train, Robert Izumi, Ryan Duchsherer, Vincent Coletta, Clint Poulter, Linda Scott, P. Perez, Tina Gackstetter, Vicki Poulter, Lizz Ingram, Cynthia J. Barbosa, and Kristina Lords" 8. Again, the minutes do not say what each wrote.

It was explained from the dais that each part needed its own motion and second, and that a part without a second would die without discussion 11. Per the minutes 8:

• TK-6 waiver. Na moved and Cruz seconded a motion to submit a TK-6 waiver and reopen TK-6 classes upon county public health approval. It failed, with Gagnier, Hernandez-Blair and Schaffer voting no.
• Special education cohorts. On a motion by Na, seconded by Cruz, the board approved small-cohort in-person instruction and services for students with disabilities under state guidelines, effective as soon as possible. Gagnier and Schaffer voted no.
• Sports conditioning. On a motion by Gagnier, seconded by Na, the board approved school-based sports conditioning programs under state guidelines, effective as soon as possible.

The minutes do not record the discussion. On the recording, members are identified only by the chair calling on them, which cannot establish who said what, so this page does not summarize it.

The Champion reported that the superintendent said each special education class would be evaluated against state guidelines, and that families who had chosen distance learning could stay in it 12. It also reported that Kevin Butscher, who leads the parents' group Chino Valley Special Needs Network, told the paper after the vote that he was "so thankful to the school board for listening to special needs parents and caregivers" 12.

In a letter to families the next day, the superintendent wrote that his recommendation had been to wait until every city the district serves had been in the red tier for two consecutive weeks before applying for an elementary waiver. Only special education classes able to meet the state cohort criteria would return, no earlier than November 9, 2020. Conditioning would begin around October 26, once each team's safety plan was approved by its athletic director and the district's Risk Management Department 13.

📋 Consent calendar

On a motion by Na, seconded by Gagnier, the board approved the consent calendar 8. It included:

• The October 1 minutes, the warrant register, fundraising activities and donations 8.
• Payment of $11,750.50 to the law office of Margaret A. Chidester & Associates for August legal services 814.
• A memorandum of understanding with the Joint Powers Authority for the Career Technical Education Incentive Grant and K-12 Strong Workforce Grant 15, which the memo estimates adds $330,000 to the Strong Workforce fund 16.
• A student readmission case and School Plans for Student Achievement for Boys Republic HS, Buena Vista HS and Chino Valley Learning Academy 15.
• Contractor and consultant agreements 15, among them $75,000 for tutoring for homeless and unaccompanied students 17.
• A change order adding 115 days to Premier Paving's Adult School parking lot contract at no added cost 1518, and notices of completion, including the $274,000 Townsend JHS slope tree and brush removal 1519.
• Personnel items, and rejection of a claim, referred to the district's insurance adjuster 20.

💬 Board communications

Andrew Cruz spoke about the effects of COVID-19 on families, including deaths, job losses, mental health and financial hardship, and his hopes for a better future 20. James Na acknowledged parents who work on behalf of their special needs students 20.

Irene Hernandez-Blair spoke about misinformation she said employees were sending parents, including lies about how the board was voting. She asked Dr. Enfield to bring forward a discussion item on how performing arts such as dance and theater could return. She reminded the community of the November 3 election, shared why she had decided to run for the board, and said she had done her best in eight years on it 20.

Christina Gagnier thanked parents who emailed and took issue with the action items going against staff's earlier recommendation. She urged the board to listen to those evaluating student safety, and said she was focused on Chino Hills, Chino and Ontario under the tier system 20. On the recording she noted that Chino Hills was in the red tier 21, while Chino and Ontario were in the purple tier 22.

Superintendent Enfield made no comments 20.

President Schaffer addressed the facilities use agreement concerns expressed by Sycamore Academy and said the shortfalls fall squarely on Sycamore 20. On the recording he said Sycamore's board had rejected the technology portion of the agreement 23, that the county board of education had approved the charter after the district denied it 24, and that the district's only obligation was facilities under a Proposition 39 request 25. In his Baldy View ROP report he said the career technical education and Strong Workforce grant applications had been submitted 26, and he reported that Chino Hills had reopened parks and fields 20. He adjourned the meeting at 8:24 p.m. 27.

📰 What came next

On October 24 the Champion reported that Sycamore Academy had received a state waiver to reopen TK-6 classrooms 6. On November 5, Hernandez-Blair explained that her performing arts item was not on that agenda because new guidelines had extended conditioning to performing arts groups under the board's last action 28.