September 15, 2022 Board of Education Meeting

Overview

Stalled contract talks with the district's two employee unions dominated the meeting. The Champion reported that more than 250 employees, from both the Associated Chino Teachers (A.C.T.) and CSEA Chino Chapter 102, packed the board chambers 1. President Christina Gagnier announced that an information item revising the student nondiscrimination and harassment policy and regulation (BP and AR 5145.3) had been pulled from the agenda 2. The board then approved the 2021/2022 unaudited actuals, the 2022/2023 Consolidated Application and a second-round CalSHAPE ventilation grant, along with the consent calendar, and adjourned at 8:34 p.m. 2 2 3.

Closed session

The board met from 4:55 to 5:55 p.m. on labor negotiations with A.C.T. and CSEA, a compliance coordinator appointment, and a personnel discipline matter 4. The agenda listed the district's negotiators as Isabel Brenes, Sandra Chen, Eric Dahlstrom and Richard Rideout 5. According to the minutes, the board appointed Melissa Martinez as Coordinator, Compliance, effective September 16, 2022, and, under Article 16 of the CSEA agreement and Administrative Regulation 4218, suspended the classified employee identified as employee 7130 without pay for three days. On both, Cruz, Na, Schaffer and Gagnier voted yes and Bridge was absent during the vote 4.

Contract talks

Brenda Walker, A.C.T. President, spoke about what teachers contribute to student success, said it is the responsibility of the administration and board to support Chino Valley educators, and spoke about recruitment and retention 4.

Danny Hernandez, CSEA President, said negotiations had "hit a wall" and that the union's proposals were reasonable, sustainable and within the budget, and spoke about the cost of living 4.

The Champion reported that Hernandez said the district's counterproposal fell below the 6.5 percent cost-of-living adjustment, that eight sessions with CSEA had been held, and that Walker counted four A.C.T. sessions since the previous school year, with the next ones set for September 28 (A.C.T.) and September 30 (CSEA). It also described teachers in black T-shirts reading "You Can't Put Students First if You Put Teachers Last." 1

Barbara Bearden, CHAMP President, congratulated Hidden Trails ES on opening a Mandarin dual immersion program with 48 kindergarteners, and announced the next CHAMP meeting for October 13 4. Student representative Maya King said she was wearing black and blue in solidarity with teachers and classified staff 4.

Public comment

The bylaw read at the start of comment allows 30 minutes for non-agenda comments, with the remainder heard after business if the board chooses 6 6. From the dais, the number of comments waiting was given as 90 7; the minutes list 42 speakers. Members later agreed by consensus to hear the remaining speakers before the action items 8.

The minutes list 32 speakers on classified and teacher salary compensation and parity: Sophia Bautista, Elaine Maxwell, Matthew Janse, Candida Celaya, Esther Kim, Lisa Greathouse, Robin Rouzan, Ericka Lopez, Jeffrey Avila, Jacqueline Mouw, Patrice Benemie, Veronica Aguinaga, Robert Theising, Anastacia Olivares, Brenda Rios, Teresa Martinez, Leticia Bogdon, George Bodgon, Nancy Delgadillo, Jennifer Sturgis, Marcia Parga, Susan Fekete, Veronica Muñoz, Evelia Ramirez, Gabriel Aguilera, Eric Montoya, Aaron Moyer, Monika Diller, Shawn Alvarez, Jonathan Leach, Robert Davis and Crystal Shebby (spellings as the minutes print them) 2.

The minutes give the other speakers these subjects: Caity Martinez, Christina Gagnier; Misty Startup, compelled speech, special education and various issues; Kylene Valles, political correctness; Sonja Shaw, various issues; Angelina Bustos, dress code; Michael Sherman on behalf of Patricia Cauley, a preferred-pronoun policy change; Jim Gallagher, campaigning from the dais; Virginia Renteria, confidential permission slips; Amanda Swager, independent study; and Oscar Avila, campaigning guidelines, staff and Cabinet raises, and pronoun policies 2.

The Champion reported that bus driver Robin Rouzan told the board there can be no district without the classified employees who keep it running; that Ayala High teacher Elaine Maxwell said surrounding districts were giving 10 percent raises; and that A.C.T. secretary Candida Celaya described vacancies left unfilled when candidates took higher-paying offers elsewhere 1. This page does not summarize individual comments from the recording, because speaker names come only from the minutes. The recording's call-outs do not match the minutes' list exactly; the names above are the minutes'.

The pulled nondiscrimination item

The pulled item, IV.A.2, was to present revisions to BP and AR 5145.3 as information. The staff memo said they reflected law on medical condition and AB 34's website-posting rule, and that the regulation was updated for AB 711, which requires the district to update a former student's records on documentation or a written request for a name or gender change and clarifies how employees handle requests by or on behalf of transgender and gender-nonconforming students. The update also broadened that section to support intersex and nonbinary students 9. In board communications, Andrew Cruz said Superintendent Enfield had made a good decision in pulling it 3, and President Gagnier said the superintendent had pulled it 10.

Action items

Each action item was moved by Na and seconded by Bridge, and the student representative voted yes 2 2.

• 2021/2022 Unaudited Actuals: approved, with the superintendent or designee allowed to sign the district certification 2. The report states final revenues and expenditures for 2021/2022; the external audit was due in January 2023 11.
• 2022/2023 Consolidated Application: approved 2. It covers Title I Part A, Title II Part A, Title III Immigrant and LEP, and Title IV Part A 11.
• CalSHAPE, Resolution 2022/2023-14: adopted, and the grant agreement approved 2. The memo says the California Energy Commission approved the district's round-two application on August 17, 2022, for $3,642,180, for HVAC assessments, filter upgrades, maintenance and classroom carbon dioxide monitors at the balance of the district's sites; round one, $1,364,460, had gone to 12 others 12.

Consent calendar

Na moved and Bridge seconded the consent calendar, which was approved with the student representative voting yes 2. It included the September 1 minutes and warrants 2, fundraising, donations, legal services to Atkinson, Andelson, Loya, Ruud & Romo, and Gann limits of $171,702,548 (2021/2022 actual) and $189,541,276 (2022/2023 estimated) 13. It also approved school trips, three Baldy View ROP contracts and a joint powers amendment, and four student policies 13:

• BP 5125.1, Release of Directory Information: revised to the Attorney General's model under Education Code 234.7, expanding the items not treated as directory information 14 15.
• New BP 5145.13, Response to Immigration Enforcement: a protocol for a safe and welcoming place for students and families irrespective of citizenship or immigration status 16.
• BP 5145.7, Sexual Harassment: revised for Title IX and uniform complaint procedures, supportive measures, definitions, notices and AB 34 website posting 17 18.
• BP 5145.9, Hate-Motivated Behavior: revised to define hate-motivated behavior and require website posting 19 20.

Purchase orders, consultant agreements, personnel items and a student-teaching agreement with National University were also approved 13. The board received for information revisions on bullying (BP 5131.2), world language instruction (6142.2), education for homeless children (6173) and uniform complaint procedures (1312.3) 13 3.

Board communications

Joe Schaffer and Superintendent Enfield made no comments 3.

Don Bridge congratulated Don Lugo HS placekicker Mackenzie Aguilera on a Daily Bulletin feature, wished the four high schools luck in their rivalry games, acknowledged the speakers from both unions and said he is very proud of the district and its staff 3. In the recording he recalled bargaining raises as A.C.T. president and said he hoped the sides could get back to the table 21.

Andrew Cruz spoke about teachers who believed in him and asked Dr. Enfield for a response on what AB 34 and AB 711 have to do with employee discipline and "using wrong words," whether the unions agreed with the discipline language, and who will discern when a misgendering is inadvertent 3. In the recording he called it "really about controlling language" 22.

James Na thanked teachers and CSEA staff, spoke about California's cost of living and the lower funding a high-performing district receives, asked the superintendent and staff to reach out to union leadership, thanked Sonja Shaw for her thoughts on AR 5145.3 and raised surveying parents on it, and asked staff to look into air-conditioning concerns 3. In the recording he noted the district had surveyed parents before, for LCFF 23.

President Gagnier spoke about how board policies are updated and said individual members are not pushing agendas 3. In the recording she said the updates come from the California School Boards Association to all districts 10, and that earlier boards had approved updates to this policy on September 5, 2013, September 21, 2017 and March 21, 2019 10. She said she supports going back to the bargaining table and supporting the unions 3.

What came next

The board approved these minutes on October 6, 2022 24. On October 20, 2022, it ratified tentative agreements with A.C.T. and with CSEA Chapter 102 25; the Champion reported raises of 8.75 percent plus a 2 percent one-time payment 26.