Chino Valley Unified School District Board of Education

Regular Meeting — September 1, 2022

Meeting Date: Thursday, September 1, 2022
Location: District Board Room, 5130 Riverside Drive, Chino, CA 91710

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Overview

The Board of Education held its regular meeting on September 1, 2022, opening the 2022/2023 school year with a personnel appointment, five policy items presented for information, and extensive public and board comment. 1 The board received public comment on Buena Vista High School's alternative-education program, pandemic-era policy, and a request to oppose proposed federal changes to Title IX, then closed the evening with each board member's own remarks before adjourning at 6:49 p.m. 7

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Closed Session & Personnel Action

The board convened in closed session at 4:15 p.m. and reconvened the open meeting at 6:00 p.m., after meeting from 4:15 p.m. to 5:42 p.m. on labor negotiations with A.C.T. and CSEA, a high school assistant principal appointment, employee discipline matters, and the superintendent's performance evaluation. 12

Following closed session, the board appointed Viviana Gentry as Assistant Principal at Chino Hills High School, effective September 19, 2022, with Bridge, Cruz, Na, Schaffer, and Gagnier supporting the appointment. 3

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Policy Revisions & New Policies: Information Items

The board received five policy items for information; no votes were taken at this meeting. Four of the five — the board policies — were formally adopted at the board's September 15, 2022 meeting; the accompanying Title IX administrative regulation was not part of that action (see Upcoming Items, below). 633

Immigration Enforcement & Student Privacy

Board Policy 5145.13 (Response to Immigration Enforcement) and Board Policy 5125.1 (Release of Directory Information) establish protocols to protect students and families regardless of immigration status. 16

Mandated by California Education Code 234.7 and the California Attorney General's model policy, the immigration enforcement policy bars district staff from soliciting immigration-status information or assisting with immigration enforcement on school grounds. A student's parent or guardian must consent before the student is interviewed or searched by immigration officers, absent a valid judicial warrant, and staff must register all visitors — including immigration officials — and follow set protocols when officers are present. 17

Sexual Harassment Policies

The district revised Board Policy 5145.7 (Sexual Harassment) and adopted new Administrative Regulation 5145.71 (Title IX Sexual Harassment Complaint Procedures) to reflect federal Title IX regulations and California law. 18

The regulation distinguishes Title IX sexual harassment, which follows a dedicated federal complaint process, from other harassment complaints handled under the district's uniform complaint procedures. Key provisions include:

• Mandatory reporting: an employee who observes or receives a report of sexual harassment must notify the Title IX Coordinator within one school day 19
• Supportive measures: the Title IX Coordinator must offer nondisciplinary support — counseling, schedule changes, added security — to both complainant and respondent 20
• Investigation timeline and standard: a written determination is due within 60 calendar days of the complaint, using a "preponderance of the evidence" standard 21
• Record-keeping: investigation records are kept for seven years 22

Hate-Motivated Behavior Policy

The board revised Board Policy 5145.9 (Hate-Motivated Behavior), requiring staff who learn of hate-motivated conduct to notify the principal and compliance officer immediately, with complaints investigated under the district's uniform complaint procedures. 23

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Consent Calendar & Routine Business

The board approved the consent calendar, which included:

• Minutes of the August 18, 2022 regular meeting 4
• Warrant register totaling $8,003,670.09 9
• 2022/2023 fundraising applications and activities, and donations 4
• Legal services payments to Margaret A. Chidester & Associates and Tao Rossini, APC 4
• Revision to the 2022/2023 Local Control and Accountability Plan, incorporating edits required by the San Bernardino County Superintendent of Schools 10
• Purchase order register 11
• Resolution 2022/2023-12, authorizing purchase of technology equipment through a piggyback contract with Irvine Unified School District 12
• Construction change orders and Notices of Completion for Ayala HS Alterations Phase 3, resulting in a net decrease of $52,053.00 in project costs, and a subcontractor substitution for the Allegiance Steam Academy portable project 135
• Certificated/classified personnel items and the student teaching agreement with Alliant International University 1415

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Public Comment

Four community members addressed the board on non-agenda items. 3

Greg Killinger, who introduced himself as a teacher at Buena Vista High School, described a growing wave of students headed for the school's alternative-education program — nearly at capacity with 180 students and more than 50 applicants per intake — and asked the board to consider a fifth quarter or extended school year to serve more of them. 324

Cindy Foisy addressed the board on the effects of pandemic-era restrictions, per the minutes' own description of her topic. 3

Maia Dean, community programs manager for the Chino Basin Water Conservation District, introduced herself before announcing free youth programs, including grade-specific field trips, a poster contest, and an October 1 "Waterwise Garden and Pumpkin Fest." 325

Sonja Shaw, who identified herself as the mother of two female athletes, asked the board to adopt a resolution opposing the Biden administration's proposed changes to Title IX, saying the changes would let transgender athletes compete in girls' sports and "shatter" opportunities the law had built for them; she asked the district to send a letter to President Biden opposing the changes. 326

Note: the minutes themselves print this topic as "Title IV" in both Shaw's and Trustee Na's entries (Sources 3 and 7). The transcript has Shaw self-identify and say "title ix" explicitly, Na say "title nine," and a later district resolution (see Upcoming Items) confirms the subject was Title IX — so "Title IV" in the minutes is very likely a minutes-taker typo, not a different topic. This page follows that stronger evidence rather than the minutes' literal text.

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Board & Staff Communications

The board's own comments came at the close of the meeting, following the information items. 6

Trustee Schaffer made no comments. 6

Trustee Bridge described attending Hidden Trails Elementary's Dual Language Immersion ribbon-cutting ceremony, job-shadowing the district's Technology Department, and joked about bringing Phoenix's heat home from a weekend trip, before wishing everyone a good Labor Day weekend. 627

Trustee Cruz said he agreed with Killinger's account of Buena Vista High School's needs and suggested the district find a creative response; he also cited COVID-19 mortality figures from European sources, described anonymous communications the board had received about COVID testing/tracking and classroom discussion of sexual orientation and gender identity, referenced the recently passed AB 2098, recapped several of the board's past pandemic-era votes and resolutions, and urged parents to research the candidates in the upcoming board election. 728

Trustee Na thanked Killinger for raising his concerns, said he supported looking into an extended school year for Buena Vista High School, commended the mother of student representative Maya King for supporting her daughter, and said he agreed with Sonja Shaw's request to oppose the proposed Title IX changes. 729

Superintendent Enfield made no comments. 7

President Gagnier announced two upcoming Chino Valley Chamber of Commerce events — a Kids Entrepreneur Fair and a "Shark Tank"-style pitch competition, both at the Shoppes in Chino Hills on November 5, 2022 — and extended Labor Day weekend wishes. 730

President Gagnier adjourned the meeting at 6:49 p.m. 7

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Upcoming Items

Four of the five policy items presented for information on September 1 — BP 5125.1, BP 5145.13, BP 5145.7, and BP 5145.9 — were formally adopted at the board's September 15, 2022 meeting. 33 Administrative Regulation 5145.71 (Title IX Sexual Harassment Complaint Procedures) does not appear anywhere in the September 15, 2022 minutes; the archive record does not show whether or when the board separately took it up. (Administrative regulations are ordinarily adopted administratively rather than by board vote, which may explain the omission, but that is inference, not something the record states.)

The Title IX resolution Sonja Shaw requested appears to have been taken up two months later: the November 3, 2022 board agenda records Trustee Na recommending adoption of Resolution 2022/2023-19, "Opposing President Biden's Executive Order to Make Changes to Title IX With Regard to Gender." 32

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Meeting Attendance

Board Members Present:
Don Bridge, Andrew Cruz, Christina Gagnier, James Na, Joe Schaffer, and Maya King (Student Representative)

Administration:
Norm Enfield, Ed.D., Superintendent; Sandra H. Chen, Associate Superintendent, Business Services; Grace Park, Ed.D., Associate Superintendent, Curriculum, Instruction, Innovation, and Support; Lea Fellows, Assistant Superintendent, CIIS; Gregory J. Stachura, Assistant Superintendent, Facilities, Planning, and Operations

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This meeting was live-streamed and recorded. The official minutes are on file with the Chino Valley Unified School District.