Board of Education — October 6, 2022

October 6, 2022 Regular Meeting

All five board members were present: Don Bridge, Andrew Cruz, James Na, Joe Schaffer and President Christina Gagnier 12. The evening was dominated by a resolution opposing proposed federal Title IX changes, which the board received as an information item only, so no vote was taken on it 3. The board also adopted a resolution on instructional materials, corrected a CalSHAPE grant resolution, and approved the consent calendar 4.

Title IX resolution received for information

The agenda listed, under Information, a resolution in which Sonja Shaw, who was not then on the board, recommended that the district "stands in strong opposition" to President Biden's proposed Title IX changes and send him a letter and an email saying so 56. The packet memo said the change would redefine "sex" to include sexual orientation, gender identity and pregnancy, and open women's restrooms, locker rooms and sports to "men who identify as women" 7. The draft resolution urged the President and other officials to stop the changes and directed the superintendent to send it to President Biden at the White House and to state, federal and county officials, among them the county superintendent of schools and a county supervisor 7.

The federal change was then a proposed rule; The 74 reported in June 2022 that it would protect students against discrimination based on sexual orientation and gender identity, with athletics left to a separate rulemaking 8. EdSource, republished by LAist, reported in November 2021 that the board had defeated an earlier proposal to bar transgender students from restrooms and locker rooms matching their gender identity, and that the relevant state education code section dates from the School Success and Opportunity Act (AB 1266), in effect since January 1, 2014 9.

Fifteen people addressed the board on the item. The minutes name them as Max Ibarra, Skillet Lu, Leila Maleki, Ariel Garcia, Lia Lin, Amy Davlin Feria, Agnes Mazur, Kristi Hirst, Naomi Minogue, Sonja Shaw, Oscar Avila, Jim Gallagher and Kara D'Amato, plus two speakers whose names these minutes spell differently from the board's later minutes 3. The minutes record who spoke but not what each said, so this page does not summarize the remarks. With three speakers left, the board agreed by consensus to complete the comments 10.

Asked from the dais who had decided to list the resolution as information, the answer given was that it was staff's determination in setting up the agenda, in line with how other items brought forward had been placed 11. The minutes record that the board received "Sonja Shaw's resolution" for information 3.

In closing comments, Andrew Cruz said it was not right to place Mrs. Shaw's resolution on the agenda as an information item and that an opportunity for open dialogue was missed 2; on the recording he called "manipulation of the board policy to avoid discussion and a vote on an issue that impacts us all" shameful 12. James Na said he expects the item to come back as an action item for discussion and action 2: "I expect this item to be shown as an action item so that will be voted in the public" 13.

What came next: a resolution on the same subject, numbered 2022/2023-19, was listed as an action item on November 3, 2022, and that meeting's minutes record that it was pulled from the agenda 14. In the November 8 election, the Chino Valley Champion reported, Shaw won the District 3 seat over board president Christina Gagnier 15.

Test score presentation

Staff presented results on the district's essential standards and the Smarter Balanced assessments 1. As captioned, staff reported a gain of 0.77 percent in English language arts between 2019 and 2022 and a math decline of less than two percent 1616. Staff said that among San Bernardino County unified districts, Chino Valley had the greatest gain in English language arts and the smallest decrease in math 1717. They credited the focus on essential standards, teacher professional learning communities, and the 30 minutes added to the instructional day for all students 171717.

Employee representatives

Brenda Walker, A.C.T. President, spoke about securing respect for unit members, said she hopes the membership will ratify the tentative agreement, and said credit for test scores should be shared with the stakeholder community 1. On the recording she said "it's not just about the raise it's about acknowledging that we play a huge part in the successes that the district earns" 18. Danny Hernandez, CSEA President, said CSEA and the district had reached a tentative agreement he hoped members would ratify the following week, and recognized Custodian Appreciation Day and Breast Cancer Awareness Month 1. Barbara Bearden, CHAMP President, recognized custodians, announced an October 10 college fair at Don Lugo HS, and commended Parent Engagement Center staff 1. The Champion later reported that on October 20 the board gave teachers and classified employees the 8.75 percent raises they sought, plus a 2 percent one-time payment 19.

Public comment on items not on the agenda

The minutes list eight speakers and their subjects: Leila Maleki on school safety; Amy Davlin Feria on election laws; Erica Kelly on support for A.C.T.; Sonja Shaw with a general update; Oscar Avila with an update; Jim Gallagher on news coverage; Virginia Renteria on employee pay increases, and politics and curriculum; and Sharon Duran, who thanked Christina Gagnier for attending an event 1. This page follows the minutes and does not paraphrase the recorded remarks.

Action items

• Instructional materials: after a public hearing with no speakers, the board adopted Resolution 2022/2023-16 on the sufficiency of instructional materials, moved by Na and seconded by Bridge 4.
• CalSHAPE correction: the packet memo said Resolution 2022/2023-14, approved September 15, listed the grant award as $13,642,180 instead of the actual $3,642,180 20. The board approved the correction, moved by Na and seconded by Schaffer 4.
• Week of the School Administrator: Resolution 2022/2023-17 was adopted, moved by Na and seconded by Cruz 4.

Consent calendar

President Gagnier pulled the contractor and consultant agreements for separate action, and the rest of the consent items were approved as amended, moved by Na and seconded by Bridge 4. The agreements were then approved as amended, moved by Na and seconded by Bridge, with Gagnier recusing herself 4.

• The September 15 minutes, warrant register, fundraising activities and donations 44.
• Payment for legal services to Atkinson, Andelson, Loya, Ruud & Romo; Margaret A. Chidester & Associates; and Tao Rossini, APC 4.
• Two student expulsion cases, school-sponsored trips, a Red Ribbon Week proclamation, and revised Board Policies 5131.2 (bullying), 6142.2 (world language instruction) and 6173 (education for homeless children) 4.
• Surplus property, a piggyback contract resolution, and completion notices and change orders for projects including Don Lugo HS soffit removal and re-roofing and Townsend JHS slope landscaping 443.
• The Eagle Canyon ES alterations bid, awarded to 16 contractors 3; a correction read into the record changed a date in that item from June 28 to September 13, 2022 1.
• An investment management agreement with Crawford Investment Counsel, Inc. 3; the memo said the principal of the current advisor, Q Insight Group, was retiring 21.
• Personnel items, rejection of a claim with referral to the insurance adjuster, an affiliation agreement with the University of Phoenix 3, and revised Board Policy 1312.3 on uniform complaint procedures 3.

Information items

The board received the Williams quarterly complaint report for July through September 2022 and proposed policy and regulation changes on physical education, graduation requirements, state academic achievement tests and Williams complaint procedures 33.

Board communications

Joe Schaffer made no comments 2. Don Bridge congratulated former Chino HS coaches John Monger, Joe Murillo and Bob Sheehan on their CIF Hall of Fame induction, National Merit semifinalists at Ayala and Chino Hills high schools, Ayala HS student Spencer Schuller on the CIF Character Award, and state delegates; he announced the college fair and Ayala's Music in Motion band tournament and acknowledged Breast Cancer Awareness Month 2. Beyond the resolution, Cruz urged residents to learn candidates' positions, noted double-digit raises in surrounding districts, and invited the person who sent him a card to email him 2. Na described a Don Lugo HS dance for special education students and a teacher's comments about respect and pay, thanked custodians, and said he hopes A.C.T. and CSEA members get the respect they deserve by year's end 2. Superintendent Enfield made no comment 2. President Gagnier announced a Chino Valley Chamber of Commerce breakfast with Congresswoman Young Kim at Los Serranos Country Club on a Tuesday morning; the minutes date it October 10, 2022, which was a Monday 2.

Closed session and adjournment

The board met in closed session from 5:00 to 5:22 p.m. on student discipline matters and labor negotiations with A.C.T. and CSEA, and no action required public disclosure 1. President Gagnier adjourned the meeting at 8:06 p.m. 213.