November 4, 2021: Board Adopts a Resolution Urging Newsom to Reconsider the Student COVID-19 Vaccine Mandate

The agenda set the meeting at Don Lugo High School 1. President Joe Schaffer reconvened the open session at 6:00 p.m. with Don Bridge, Andrew Cruz, Christina Gagnier, James Na and Schaffer present 2. One item dominated the evening: Resolution 2021/2022-37, an urgent request to Gov. Gavin Newsom to reconsider or rescind the COVID-19 vaccine mandate for K-12 students as a requirement for in-person instruction. The minutes list 40 speakers in favor of it and six opposed, and the board adopted it as amended 3. A public hearing on naming a Chino High School facility after Mark Hargrove was pulled from the agenda 2. Schaffer adjourned the meeting at 9:41 p.m. 4

About this record. This page's record is the district's posted minutes of November 4, 2021. Their pages are the draft printed in the November 18, 2021 board packet (packet pages 27 to 35) 24, which the board approved without amendment on November 18 5. The posted copy ends with a signed copy of the final page 6. People are named here only where those minutes name them, and remarks from the recording are attributed to a named person only within the subject the minutes give that person.

Out of closed session

The board met in closed session on anticipated litigation (two potential cases), a student expulsion, labor negotiations with A.C.T. and CSEA, and assistant principal appointments. Na arrived at 4:05 p.m., and Cruz was not present in closed session. The minutes record no action that required public disclosure 2.

Student and employee representatives

Student representative Esther Kim announced that she is a candidate for the California state student board member position, acknowledged parents who advocate for their children, and encouraged civic engagement 2.

Molly Large of CHAMP thanked Superintendent Norm Enfield and district staff for getting the ESSER III plan submitted and spoke about Red Ribbon Week 2. A.C.T. President Brenda Walker said the association aims to protect members' safety and working conditions, and spoke about the lack of substitute teachers 2. On the recording she said the shortage was affecting every grade level and program, that there was "no easy fix," and asked the board to approve whatever it could to help the district attract substitutes 7.

Public comment on items not on the agenda

The minutes list these speakers and subjects, with names as printed: Parent Advocacy of Chino Valley, Kelly, and Kristal Barret regarding President Schaffer's conduct as a board member; Caitlyn Martinez, to file an official complaint and request an investigation of Schaffer for violating ethics policy and for intimidation; Sharon Duran and Sal in support of vaccine and mask mandates; and Mike Cargile and Betty Chu regarding the First Amendment and the Constitution 2. The complaint and the conduct concerns are the speakers' allegations, and the minutes record no response or finding. Because the minutes record subjects rather than remarks, the comments heard on the recording are not summarized here.

The vaccine-mandate resolution

Origin. The agenda memo, from Na, says he requested the resolution on October 26 under Board Bylaw 9322, and lists no fiscal impact 8. Its recitals say California's COVID case rate for children is proportionally lower than for any other under-65 age group, that some parents are uncomfortable with a vaccine "for which there is no longitudinal data," and that the mandate would push families out of in-person schools and cost school staff jobs 8.

The governor's office had announced the requirement as the first of its kind in the nation, expected to apply to grades 7 through 12 starting July 1, 2022 9. In September the board had turned down a resolution submitted by Cruz opposing statewide COVID-19 vaccination mandates 1011.

Public comment. Vice President Gagnier asked for and received consensus to extend the 30-minute limit on public comment for the item 3. The minutes name 40 speakers in favor of the resolution and six against it 3. The Champion later reported that a crowd of 300, mostly against the mandates, asked for the resolution 12. Schaffer called a recess from 8:50 to 8:56 p.m. 3

Action. On a motion by Na, seconded by Cruz, the board took up the item for discussion 3. A motion by Schaffer, seconded by Na, then amended paragraphs 7 and 8, the first two "resolved" clauses, by roll call 3. The original finding that the mandate "is ill-advised and in opposition to" state and district goals 13 became a finding that it "infringes on parental rights of choice and is not in alignment with" those goals, and the request to the governor was widened to cover "students in grades K-12 and staff" 3. The board then adopted the amended resolution on the original motion by Na, seconded by Cruz 314. The minutes record that Bridge and Gagnier voted no, and that the student representative's preferential vote was no 314.

Afterward. Superintendent Enfield sent the signed resolution to Newsom on November 8 15. In a December 27 reply, the California Department of Public Health thanked the district for sharing it. The department said the requirement would be added by regulation after full FDA approval for each grade span, would include exemptions "for both medical reasons and personal beliefs," and was expected to apply to grades 7 through 12 from July 1, 2022 16.

Public hearings

The hearing on naming or dedicating a Chino High School facility after Mark Hargrove, a request the staff memo says came from Schaffer in writing in August, was pulled from the agenda 217. The next meeting's minutes record that it was pulled again on November 18, at the Hargrove family's request 5. Schaffer opened the hearing on the Associated Chino Teachers' initial bargaining proposal for a successor contract effective July 1, 2022 at 9:36 p.m. There were no speakers, and it closed at 9:37 p.m. 318

Consent calendar

On a motion by Na, seconded by Gagnier, the board approved the consent items, which the minutes describe as amended without saying how 1819. Among them:

• Safety and security upgrades (keyless access, security cameras and intrusion alarms) for alternative education, the adult school and Allegiance STEAM Academy, awarded to R.I.S. Electrical Contractors; the packet gives the bid as $1,887,000 from Building Fund 21 1820.
• Poured-in-place rubber playground surfacing at Dickey, Rhodes, Newman and Eagle Canyon elementary schools, awarded to John Buck dba J2 Builders at a bid of $242,100 1821.
• A change order of $14,783.54 to Gentry General Engineering for the Briggs K-8 waterline upgrades, bringing that project to $213,203.54 1820.
• Payment of $7,558.75 to the law office of Tao Rossini, APC for legal services 1822.
• A student expulsion; school plans for Boys Republic, Buena Vista and Chino Valley Learning Academy; a Great American Smokeout proclamation; the annual and five-year developer fee reports; a piggyback contract; a construction notice of completion; the College Park special tax report; a City of Chino landscaping and lighting district annexation for Chino High; personnel items; and the minutes of October 21 and October 26 18184.

Information items

The board received three items for information 4. One was a revision of Administrative Regulation 5145.3 on nondiscrimination and harassment of students, submitted by Na; the memo says a recent sexual attack by a male student in a public high school restroom prompted it 23. The redline would permit students to access sex-segregated facilities such as restrooms and locker rooms, and sex-segregated programs, "consistent with their BIOLOGICAL gender identity." It would also strike the sentences barring the district from requiring transgender or gender-nonconforming students to use alternative facilities, and letting students join other gender-separated activities, such as yearbook pictures and field trips, in line with their gender identity 24. When the revision returned as an action item on November 18, the motion to approve it failed, according to that meeting's minutes 5. FOX 11 reported that before that vote the state superintendent of public instruction and the attorney general had said it would violate anti-discrimination laws 25. The other items were a revision to the regulation on district credit cards and the 2021/2022 student body budgets 4.

Board communications

Cruz and Na made no comment 4. Bridge said several athletic teams were in the CIF playoffs, said he had attended the Chino Hills High girls' volleyball playoff game, and spoke about the coming Veterans Day holiday 4. Gagnier announced a K-6 entrepreneur fair at the Shoppes at Chino Hills that Saturday, put on by the Chino Valley Chamber of Commerce with a parent, and the Chamber's Student Pitch competition 4. On the recording she said more than 85 district students were taking part in the fair and seven high school teams in the pitch competition 2626. Schaffer welcomed student representative Esther Kim to the in-person meeting and gave an update on a high school sports result 4.

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