Board of Education — June 15, 2023

June 15, 2023 Board of Education Meeting

Highlights

The board approved a revision of Administrative Regulation 6115 limiting which flags may be displayed on district property, with Don Bridge voting no on the roll call. 1 It adopted the 2023/2024 budget and LCAP 1 and named Preserve School #2 Legacy Academy. 2 A proposed parental notification policy, Board Policy 5020.1, came forward for information only. 3

Flag display regulation (AR 6115)

What was proposed. The agenda memo, from President Sonja Shaw, said the revision would keep district property, classrooms included, from being used "as a platform for the display or promotion of political or social policy matters, religious, or personal viewpoints." 4 The new text defines a flag as "a display of distinct color and design used as a symbol, standard, signal, or emblem." 5 Besides the U.S. and California flags, it allows country, state or U.S. military flags used for educational purposes within adopted curriculum, and higher education flags as part of the college and career program; any other flag needs the superintendent's or a designee's advance approval, and only for educational use during the related instructional period. 5

The teachers' union objected. The minutes record that A.C.T. President Brenda Walker spoke about agenda items "that may have legal ramifications." 6 In the recording she said it was "surprising" that district legal counsel had not advised against bringing the item forward and that A.C.T. had not been given the opportunity to meet and confer 7, so the change could be interpreted as bad faith bargaining. 7 She said the notification policy would direct educators to violate California law 8, and urged a no vote on the regulation. 8 CSEA President Danny Hernandez spoke in support of A.C.T. 6, saying CSEA backs A.C.T.'s stance where classified staff and their livelihood are affected. 8 When the item opened, it was said from the dais that district administration had already reached out to A.C.T. and offered dates to speak. 9

Public comment. The board agreed to hear all 20 speakers on the item rather than stop at 30 minutes. 9 The minutes list eight speakers in support and twelve opposed. 1 Names on this page come only from the minutes, which record each speaker's position but not what was said; because the recording calls each speaker to the podium by name, individual remarks are not summarized here.

Recess and vote. After several audience members were told to leave 10, President Shaw called a recess from 8:55 to 9:00 p.m. due to public disruption, the minutes record 1; the roll call came after it. 10 On a motion by James Na, seconded by Andrew Cruz, the board approved the revision by roll call, with Don Bridge voting no. 1

What came later. A.C.T. took the regulation to the Public Employment Relations Board, whose precedential Decision 3017-E, dated April 20, 2026, upheld a finding that the district's flag display policy interfered with employee rights, including the right to display union insignia. 11 A May 7, 2026 district memo says PERB directed the district to rescind the June 15, 2023 revisions, finding the flag definition overly broad. 12 A June 18, 2026 memo instead dates PERB's final decision and order May 26, 2026, and brought a revision forward to comply. 13

Budget, LCAP and other action items

The board adopted the 2023/2024 budget for all funds and authorized the superintendent or designee to sign the certification of budget adoption. 1 It also adopted the LCAP and approved a Title I schoolwide programs waiver for Chaparral ES and Glenmeade ES. 1

School name. After a motion to open discussion, Jon Monroe moved Legacy Academy, James Na seconded, and the board approved it as the name of Preserve School #2. 2 The suggestions forwarded included Legacy Innovation Academy 14, and from the dais the shorter name was tied to nearby streets and a Legacy Park. 15

Associate superintendent. The board approved the employment contract for the Associate Superintendent, Human Resources. 2 The memo said the vacant assistant superintendent post would not be filled. 14 The packet contract names Lea Fellows, for July 1, 2023 through June 30, 2027 at Range 9, Step 4, or $231,720 a year. 16

Consent items

The consent items were approved as amended, on a motion by James Na seconded by Don Bridge. 2 The Ayala HS gymnasium sound system rebid went to Sunset Audio Visual, Inc. 3; the staff memo put it at $81,729 17, and a correction read into the record changed its funding from Measure G Building Fund 21 to the Arts, Music, and Instructional Materials Discretionary Block Grant. 6 A Phase 3 energy services contract with PacificWest Energy Solutions was approved 3; the memo put it at $4,621,153 for a networked building automation system with classroom CO2 sensors. 18 Consent also covered five student expulsion cases and federal program monitoring revisions to seven board policies 2, including BP 0410 on nondiscrimination, last revised at this meeting. 19

Closed session, recognitions and employee groups

The board reported that in closed session it accepted a settlement agreement under which a classified employee resigned effective June 13, 2023, and appointed, effective July 1, 2023, Joseph Durkin and Jaime Ortega as Directors, Human Resources; Michael Cloke as principal of Townsend JHS; and Katie Grinsteinner, Sukaina Husain and Jung Choi as assistant principals of Magnolia JHS, Oak Ridge ES and Walnut ES. 6 President Shaw recognized Townsend JHS students who placed second in the MATHCOUNTS MATHVIDEO challenge and Ayala HS students in Mr. Boren's Business Entrepreneurship Pathway program. CHAMP President Barbara Bearden congratulated the appointees, announced CHAMP scholarship recipients and gave thanks for her three years as president. 6

Comments on items not on the agenda

The minutes list 21 speakers on items not on the agenda, on subjects including parent rights, school safety, equality, wellness rooms, after-school programs and the city of Chino's July 4 fireworks event. 1 The minutes record each speaker's subject but not what was said, so individual remarks are not summarized.

Parental notification policy (information only)

The memo for new Board Policy 5020.1 also came from President Shaw and cited Education Code Section 51101 on parents' rights to be informed and involved. 20 As drafted, the policy would require written notice to parents within three days after staff learn that a student is asking to be identified or treated as a gender other than the student's biological sex or the gender on official records. 21 It also covers significant injuries and suicidal intent 21 and verbal or physical altercations, including bullying. 22

From the dais it was announced that comment would be limited to 30 minutes and that the policy would come back for a vote, with public comment heard again. 23 President Shaw asked for and received board consensus to extend the meeting beyond 9:00 p.m. The minutes list seven speakers in support and four opposed; they record names only, and this page does not summarize the remarks. 3 The board approved BP 5020.1 at its July 20, 2023 meeting. 24 The board also received the Local Indicators report for the California School Dashboard 3, in which the district reports all five local indicators as Met. 25

Board communications

Don Bridge made no comments. James Na acknowledged former school resource officer John Cervantes, asked staff to look into after-school program needs at Cal Aero, and spoke about a kindness program for staff and supporting parent engagement. Andrew Cruz spoke about the sincerity of some speakers and about "things being done to children related to transitioning," spoke about the passing of an employee at Soft Touch Car Wash, and donated a Fourth of July book to Cal Aero Preserve Academy. Jon Monroe spoke about public comments and making himself available to meet and talk, and shared a quote about listening. Superintendent Norm Enfield thanked the board for approving Lea Fellows' contract. 26

President Shaw congratulated Mrs. Fellows and the other appointees and said she would never bring a policy forward without checking the legalities. She said privacy laws protect students from government and third parties "and not their parents," that informing a parent "should never be called outing," and that she stands behind what she said about wellness centers. She adjourned the meeting at 10:00 p.m. 26

Coverage

The Champion described a contentious meeting at which, it reported, 350 people voiced concerns or support, and reported that President Shaw said afterward the flag item followed classroom disputes among teachers over pride flags. 27 Same-night and next-day reports from CBS Los Angeles 28 and the Daily Bulletin 29 led with the flag vote and the deferral of the notification policy; the Los Angeles Times reported that the board put off a final vote on the policy until July. 30 The Champion also covered the Legacy Academy naming. 31

Record notes

The correction read into the record and the staff memo give the sound system bid as No. 22-23-33I 617, while the agenda listing and the consent minutes give No. 22-23-31I. 323