Board Meeting Summary: July 20, 2023

Overview

The Chino Valley Unified School District Board of Education met in regular session on July 20, 2023. President Sonja Shaw called the meeting to order at 4:40 p.m. with Bridge, Cruz, Monroe, Na and Shaw present; the board met in closed session from 4:40 to 5:30 p.m. and reconvened in open session at 6:00 p.m. 1 It adjourned at 10:01 p.m. 2

The evening turned on one item, new Board Policy 5020.1 (Parental Notification). Staff reported 83 requests to speak on it, and the minutes list 79 entries 34. The board adopted the policy on a motion by James Na, seconded by Andrew Cruz, with Don Bridge voting no 4. The vote, and the state superintendent's departure from the meeting, drew news coverage across the state 567.

Board Policy 5020.1: Parental Notification

What the policy says. Under the packet text, principals or designees, certificated staff and school counselors must notify parents in writing within three days of any district employee learning that a student is asking to be identified or treated as a gender other than the student's biological sex or the gender on the birth certificate or other official records, including requests to use a different name or pronouns 88. Notice is also required when a student uses sex-segregated programs, athletic teams, bathrooms or changing facilities that do not match those records, or asks to change information in the student's records 8. The same policy requires prompt notice of significant injuries and of suicidal statements or self-harm, and notice within three days of altercations or bullying involving the child 89. It states that nothing in it changes staff duties as mandated reporters of child abuse 9.

The staff report says President Shaw submitted the item under Bylaw 9322, and that it first came to the board as an information item on June 15, 2023 10. On the day of the meeting, Attorney General Rob Bonta released a letter to Superintendent Enfield and the board urging the district to protect student privacy and warning that the policy would allow a student's gender identity to be disclosed without consent 11.

Procedure. Consensus was declared from the dais to cut each speaker's time from three minutes to one 12.

Legal briefing. Before public comment, an attorney briefed the board on the legal principles 13. He said a California Department of Education FAQ, written around AB 1266, concluded that parents have no right to be notified of a student's choices about sex-segregated programs and facilities, but that this guidance is not itself law, and that many districts follow it 131314. He said counselors may not disclose what a student aged 12 or older shares in counseling without the student's consent, and that the policy defers to such specific statutes 141414. He described the triggers as "action items" rather than a student merely questioning 1415. He said a court, ruling in a parent's suit over Chico Unified's policy, held that the U.S. Constitution does not mandate notification, and that the issue was one for the Legislature 15151516. He also said no notification would be made where there is a reasonable suspicion that it could lead to child abuse or neglect 16; the packet text itself refers only to staff duties as mandated reporters 9.

Public comment. The minutes list 35 entries, headed by State Superintendent of Public Instruction Tony Thurmond, who "addressed the Board opposed to the policy." A second list of 44 entries follows, headed by Assemblyman Bill Essayli, and the minutes print no stance for it 4.

The recording shows the item's first speaker identifying himself as the state superintendent and a parent. As captioned, he told the board that nearly half of students who identify as LGBTQ+ are considering suicide, and that the policy may fall outside laws protecting student privacy and safety 1717. When his minute ran out, a point of order was raised from the dais and an exchange followed 17. News outlets reported that he was escorted out by security, and that he later wrote he had been "forcibly removed" 67.

The minutes name the speakers but do not record what each said 4. This page does not summarize the other speakers' arguments, because nearly every one-minute comment sits beside a speaker's name or self-introduction on the recording.

Discussion and vote. After public comment, the board discussed the item 18. The minutes do not summarize that discussion, and this page does not describe individual members' positions beyond the recorded vote. On a motion by Na, seconded by Cruz, the board approved Board Policy 5020.1, with Bridge voting no 4.

What followed. The next day, the Inland Valley Daily Bulletin reported that teachers and students were "reeling," and that A.C.T. President Brenda Walker said the district had not yet given the union an implementation plan or clear expectations for teachers 33. Bonta later sued the district, and on September 6, 2023 a San Bernardino County Superior Court judge issued a temporary restraining order against the policy 19.

Related Information Item: AR 5145.3

The board received for information a revision of Administrative Regulation 5145.3 (Nondiscrimination/Harassment of Students) 2. The staff report says it was updated to correspond with new Board Policy 5020.1 20. The redline strikes the regulation's "Right to privacy" paragraph, which treated a student's transgender or gender-nonconforming status as private information to be disclosed only with the student's prior written consent, except where required by law or to protect the student's well-being 21.

Employee Representatives

Brenda Walker, A.C.T. President, reiterated the association's position on the proposed policy 22. On the recording she urged the board to vote no, arguing that the policy would expose the district to liability under state and federal privacy laws and California's anti-discrimination laws 2324. Emily Lao, CHAMP President, spoke about the superintendent's Leadership Charge, congratulated new administrators, and said August 7 is the first day of school 22.

Comments on Items Not on the Agenda

The minutes list 18 speakers and subjects: Glory Ciccarelli (Black erasure); Oscar Avila (rights); Karen Reyes and Steven P. (wellness rooms); Ben Richards and Nick Parra (LGBTQ matters); Agnes Mazur (parent diversity); Michelle Carney (union support); Jess Houson (constitutional obligations); Lisa G. (Board behavior); Virginia Renteria (parent rights); Barbara Rugeley and Jeena Trexler Sousa (the League of Women Voters); Linda Fraser (God's truth); Jess Enos (AVPE); Manuk Origdryan (protecting kids); Timothy Johnson (God and truth); and Nicolette Vonchelle (being Black in America) 22.

Closed Session and Appointments

Reporting out of closed session, the board announced that it had appointed Stephenette Graham as principal of Litel Elementary, Jae Heon as principal of Newman Elementary and Teressa Moore as principal of Briggs K-8, each effective July 21, 2023, and Kamila Kuklinski as assistant principal at Chino High School, effective date to be determined 22.

Items Pulled

Contract addenda for the superintendent and for three associate and assistant superintendents were pulled from the agenda 22. The packet shows the addenda would have run from July 1, 2023 through June 30, 2027 925.

Consent Calendar

On a motion by Na, seconded by Bridge, the board approved the consent calendar 4. It included:

• payment for legal services to Atkinson, Andelson, Loya, Ruud & Romo; Margaret A. Chidester; and Tao Rossini APC 4;
• attendance credit for a May 9, 2023 lockdown at E.J. Marshall Elementary, which the staff report says the Ontario Police Department ordered and which canceled an afternoon kindergarten class 426;
• the 2023/2024 School Plans for Student Achievement and the Child Development Parent Handbook 27;
• award of Bid No. 22-23-35F, Chino High hazardous material abatement and demolition, to Resource Environmental, Inc., whose bid the staff report lists at $953,000 2728;
• change orders and notices of completion for the Chino High reconstruction, phases 1 and 2 27;
• personnel items and the rejection of a claim 2.

Other Information Items

The board also received revisions of Bylaws 9320 and 9322, which the staff reports tie to AB 2449 and AB 2647 of 2022 22930, the Williams quarterly complaint report, and the annual debt report under Board Policy 3470 2.

Board Communications

• Don Bridge wished students, staff and teachers a good start to the year, spoke about an email from a teacher asking questions about the new policy, and spoke about bringing his Bible to the meeting and attending church every Sunday morning 2. On the recording he said the email came from a Rolling Ridge teacher and asked that the answers be specific 3131.
• James Na said he would like a resolution declaring July 20 as parental rights day in California's public education, and thanked the public for attending 2. On the recording he asked that it be presented at the next meeting 32.
• Andrew Cruz donated two books, Gender Queer and Call Me Max, to the A.C.T.; the minutes describe them as supported by the "National Teachers Association (NEA)" 2. The recording shows him reading aloud from Gender Queer, saying he would recommend it to A.C.T., and then reading from Call Me Max 323232.
• Jon Monroe and Superintendent Enfield made no comments 2.
• President Shaw closed by saying "we are in this together" and urging people not to give up 2.