February 17, 2022: Mask Protests, a Failed "Positive Learning Environment" Item, and Two Resolutions on State Policy

President Christina Gagnier reconvened the regular meeting at 6:00 p.m. with Don Bridge, Andrew Cruz, James Na, Joe Schaffer and Gagnier present, at Buena Vista Continuation High School 1. Speakers opposed to mask mandates and in support of parent choice filled public comment 2. A "Positive Learning Environment for Students" item failed; the board adopted resolutions on SB 328, on parent choice in student COVID-19 vaccination, and on two bond issues 23.

This page's record is the adopted minutes, with item details from the district's agenda packet. People are named only where those documents name them; recorded remarks are attributed to a named person only within the subject the minutes give that person.

😷 Public comment against the mask mandate

On the recording, 47 non-agenda requests to speak were reported 4, and a bylaw provision was read that limits comment to 30 minutes when an unusual number of speaker cards is submitted 4. Comment ran a second half hour ("we have now exhausted another 30 minutes") 5, and the board then moved to action items 5.

The minutes list 26 non-agenda speakers, one of them an organization, and record them collectively as having "addressed the Board opposed to mask mandates and in support of parent choice": Harley, Riley, Taylor Wiggins, Jackson Van Dell, Kendall Hall, Jacob Costa, Elizabeth, Isabella Avila, Kaylee Bergeroa, Nina Harris, Brooklyn Mangold, Malia Kesler, Adam Hoover, Parent Advocacy of Chino Valley, Nick Wilson, Sonja Shaw (spelled "Sonjia" in the minutes), Nichole B., John Monroe, Rich Wales, Michael Partida, Julie Van Dell, Meghann Long, Mary Butscher, Shaun Smith, Cindy Foisy and Misty Startup 2. The minutes do not record what each said, so individual remarks are not summarized from the recording.

The Chino Valley Champion reported that two days earlier, around 150 students and their parents had protested mandatory face coverings outside district headquarters 6. FOX 11, reporting from the packed meeting, wrote that the district said it was aligning with the state's COVID-19 regulations, and that state health officials planned to reassess the K-12 mask requirement on February 28 7. ABC7 quoted a student asking why the mandate continued when the governor and Los Angeles mayor had been pictured maskless at the NFC title game, and a parent who said her family was leaving the district and California 8.

⚖️ "Positive Learning Environment for Students" fails

The February 3 minutes record James Na saying he would bring a resolution prohibiting disciplinary actions against students for not wearing masks or not having vaccination 9. The item he submitted said the district "will continue to provide students a positive learning environment regardless of their vaccination status and belief regarding facemasks" 10. The minutes record that Kendall Hall, Oscar Avila, Michael Sherman and Sonja Shaw addressed the board in favor of the item 2.

Na moved the item for discussion and Cruz seconded; Cruz then moved, with Na seconding, to add the words "without any unjust punishment"; the minutes record that amendment carrying with Schaffer voting no and Gagnier abstaining, and the student representative abstaining 2.

The motion as amended then failed 211. The minutes record Schaffer voting no and Bridge and Gagnier abstaining; the student representative voted no 2. ABC7 described the board as having turned down a proposal to weaken the mask mandate 8.

🏛️ Resolutions on state policy

SB 328 start times. On February 3 the board had tabled a resolution asking the Legislature to delay SB 328, sending it back "with revisions reflecting a request to rescind SB 328 rather than to delay it" 12. The revised resolution, submitted by Board member Christina Gagnier 13, notes that the 2019 law requires junior highs to start no earlier than 8:00 a.m. and high schools no earlier than 8:30 a.m. by July 1, 2022 13. It asks the Legislature to rescind the law or, failing that, to let districts delay implementation until at least the 2024/25 academic year, with a letter to every legislator 14. The board adopted it on a motion by Bridge seconded by Gagnier, with the student representative voting yes 2.

Parent choice on COVID-19 vaccination. The February 3 minutes also record Andrew Cruz saying he was submitting a resolution at the next meeting regarding mandated COVID-19 vaccines for students 9. The resolution he submitted 14 cites Senator Scott Wiener's SB 866, which would allow children 12 and older to consent to a vaccine without a parent's or guardian's consent 15, and urges the state to keep COVID-19 vaccination medical and personal belief exemptions in place for students 16.

Cruz moved the resolution and Na seconded; Gagnier moved, with Cruz seconding, to add Senator Josh Newman, Congresswoman Young Kim and Assemblymember Phillip Chen to its final paragraph, and that amendment carried 2. The resolution was then adopted as amended, with Bridge abstaining and the student representative voting yes 2.

💰 Bonds, easements and temporary teachers

The district had issued $208 million and $258 million of its $750 million Measure G authorization from November 8, 2016; Resolution 2021/2022-57 allows a third series of up to $160 million through a negotiated sale to underwriter Stifel, Nicolaus & Company 1717. Resolution 2021/2022-62 allows up to $302 million in refunding bonds "to realize taxpayer savings" 18. Sandra H. Chen and Gregory J. Stachura prepared both memos 1718.

The board adopted both resolutions on motions by Bridge seconded by Gagnier, with the student representative abstaining 319. The minutes' motion line for the first prints the cap as "$160,000,00"; its title gives $160,000,000 3.

The board also approved an easement to the City of Chino for public access and sidewalks at Chino High, an Edison quitclaim of a 1987 easement on the new district office site, and an easement to Edison for utility access at Chino High 2331620.

Resolution 2021/2022-60 gives temporary certificated employees the release notice Education Code 44954(b) requires 20. The board adopted it on a motion by Bridge seconded by Gagnier, effective June 30, 2022, with Cruz and Na voting no and the student representative abstaining 3.

🔒 Closed session

After a closed session on litigation, student discipline, appointments and employee discipline, the board reported that it had authorized the superintendent to release a certificated management employee, identified only by employee number, effective June 30, 2022, and reassign that employee to a certificated position 11. The agenda also listed A.C.T. and CSEA labor negotiations, which the minutes' closed-session list omits 211.

📋 Consent calendar

Joe Schaffer pulled one expulsion case and Christina Gagnier pulled the contractor and consultant agreements; the rest of the consent calendar was approved on a motion by Na seconded by Bridge 3. The pulled case was approved with Schaffer recusing himself, and the agreements with Gagnier recusing herself 2222.

Consent business included an allowance of attendance for Ayala High School 22, where the memo says more than half the students stayed away on November 5, 2021 after a threat, later found not credible, spread on social media 23. It also included a revision of Board Policy 6170.1 22 phasing in wider transitional kindergarten eligibility 24, so that from 2025/2026 children who turn four by September 1 are admitted 25, as well as school safety plans and the rejection of claims, referred to the district's insurance adjuster 26.

📊 LCAP mid-year update

Associate Superintendent Grace Park and staff presented the Local Control and Accountability Plan mid-year update 1. On the recording, staff said attendance and chronic absenteeism targets were missed because of the pandemic 27, while cohort graduation rates rose between the classes of 2020 and 2021 28.

🎓 Student and employee representatives

Student representative Esther Kim spoke about Student Government Day, LCAP input and the student board member selection process 2. On the recording she said Student Government Day would be held February 26 at Chino Hills High School 2930, and urged an election or open selection of the student board member instead of a rotation in which high schools take turns appointing their senior ASB president 3030.

Barbara Bearden, CHAMP President, spoke about kindness campaigns, thanked district administrators, and announced that Canyon Hills JHS Principal Todd Finkbiner had been nominated as middle grades principal of the year by ACSA Region 12 2.

💬 Board communications

Joe Schaffer congratulated sports teams that advanced to the CIF championship playoffs 26. James Na asked Superintendent Norm Enfield to present an action item at the next meeting similar to one the Roseville USD had recently passed 26.

Andrew Cruz acknowledged speakers' words about the COVID mandate situation, presented a PowerPoint on mask mandates, vaccines and freedom of choice, and spoke about SB 866 and AB 1993 26. Local News Matters had reported that AB 1993 would require employers to verify that workers are fully immunized against COVID-19 31.

Don Bridge said he had updated the Chino Valley Fire Board on the district's trustee area election process and SB 328, and commended the student speakers 26; on the recording he said he had told the fire board about the new school start times for next year 3232. Superintendent Enfield and President Gagnier made no comments, and Gagnier adjourned the meeting at 8:50 p.m. 26

After adjournment, audience members kept speaking on the recording; one said they had waited three hours and felt ignored 33.