Chino Valley Unified Board of Education: Regular Meeting, November 16, 2023

Decisions and actions

📚 Library-book complaint policy. On a motion by James Na, seconded by Andrew Cruz, the board approved the revision of Board Policy 6163.1 (Library Media Centers) and Administrative Regulation 1312.2 (Complaints Concerning Instructional Materials). The minutes record Don Bridge and Jon Monroe voting no, and the student representative's preferential vote was also no 1. The item came in a memo from President Sonja Shaw, noting the policy was presented for information on October 19, 2023 2. The adopted text, now posted with a November 16, 2023 revision date 3, works like this:

• Parents, students, staff, or district residents may ask to remove a school- or classroom-library item alleged to contain "sexually obscene content considered unsuitable for students" 4.
• Once a formal complaint is received, the principal must remove the item and notify the superintendent within three days, and the superintendent notifies the board within two business days 4.
• The board then holds a public hearing within 45 days; anything it votes unsuitable comes out of all school and classroom libraries within five days 5.
• The regulation's new track has the principal review a complaint within two days and pull the book from every library at the school if it holds any sexually obscene language or content 6. The board may not remove books "because they disagree with the ideas of an author" 7 8.
• Other complaints keep the existing three-step process, ending in a review committee that includes two teachers chosen with the Associated Chino Teachers, a certificated librarian, and two community members 9.

The two documents describe the first step differently: the policy requires removal once a formal complaint arrives 4, while the regulation has the principal review the material first 6. The minutes record no amendment 1. One wording change since October: the earlier version said "unsuitable for minors" in the complaint sentence 10, and this one says "students" 4.

👥 Appointments. Reporting out of closed session (4:30 to 5:41 p.m.), the board appointed Patricia Vega-Jeter principal of Oak Ridge Elementary and Heather Post principal of Boys Republic/Adult School, and Laurie Jenkins Coordinator, Expanded Learning and Support Programs, effective November 20, 2023 11.

✅ Consent calendar. President Shaw pulled expulsion case 23/24-27 for separate action. On a motion by Na, seconded by Monroe, the board approved the rest of the consent items as amended, and the student representative voted yes 1. Case 23/24-27 was approved on a motion by Na, seconded by Bridge; eight expulsion cases were approved in all 12. Sara Omari addressed the board on the October 19 and October 30 minutes, which were approved; the minutes do not record what she said 1. Other consent actions:

• Payment for legal services to Margaret A. Chidester & Associates; Atkinson, Andelson, Loya, Ruud & Romo; and Tao Rossini, APC 12. The packet lists $194,089.76 in invoices, including $104,867.13 for August and $54,998.38 for September from Atkinson, Andelson, Loya, Ruud & Romo 13.
• The Cal Aero K-8 playground installation bid went to J2 Builders, Inc. 12, the lower of two bids at $117,350 14.
• Two claims were rejected and referred to the insurance adjuster 12: one over a crash involving a district vehicle, and one for a student's injury on the Wickman Elementary after-school playground, seeking $200,000 15.
• Also approved: the warrant register 1 ($20,362,102.59 in the packet 16), roofing and sound-system change orders, the developer fee reports 12, a Foster Grandparent/Senior Companion agreement 12, and December 14, 2023, at 6 p.m. for the annual organizational meeting 1.

Public comment on the library policy

The minutes list 21 people who addressed the board in favor of the revisions 1 and 13 opposed, and record that Roy Westerlink read a portion of a 1960's banned book 1. Given the number of speakers, time was cut to one minute each on a sliding scale 17. Names come only from the minutes; the themes below come from the recording, are grouped by theme rather than speaking order, and are not attributed.

• In favor: comments included that the policy regulates "what is deemed appropriate based on age" and that pornography is not appropriate for any school-age child 18; a citation of Penal Code 288.2 on harmful matter and minors 19; and the argument that "it doesn't take a master's degree to know what porn is" 20.
• Opposed: comments included a defense of teachers' classroom libraries alongside the complaint that the policy gives no definition for "this extremely subjective term" 21, and objection to religious influence over the board 22.
• One speaker urged an amendment first, saying the policy and regulation set out different first steps 23.

Student and employee representatives. Student representative Chloe Kubeldis gave her opinion on the revisions in her report 11. On the recording, that report called "sexually obscene" "far too vague" 24, warned that "a completely innocent book may be taken off the shelves for over a month" 25, and asked how the process would tell kindergarten books from those for seniors 25. Brenda Walker, A.C.T. President, urged the board not to adopt the revisions 1. Her remarks said A.C.T., after consulting its attorneys, considers the policy unconstitutional 25, cited a book challenge elsewhere that, as captioned, took over 220 hours and cost $330,000 26, and objected that the board, "not Librarians not teachers," would be the first and final arbiters 26. Danny Hernandez (CSEA) honored retiring duplicating staff, and Emily Lao (CHAMP) congratulated schools on their PBIS awards 1.

The minutes record no board discussion of the item; on the recording it opens after the motion and second 27.

Other public comment

On items not on the agenda, the minutes list Curtis Burton, Chino councilmember (city events); Steven Paez and Oscar Avila (thanking the board); Kristi Hirst (legal fees); Jacob Costa (student log-in problems); Elder Cashey (labor issues); Angie Nsek (Chino Hills High room keys and bus tardies); Brenda Kapila (meeting etiquette); Molly Large (an African American Parent Advisory Council); Glory Ciccarelli (Black erasure); Eric Shamp (student needs and performance); and Lisa Greathouse (fiscal responsibility) 1. The minutes do not record what they said.

Reports and recognitions

🎓 President Shaw recognized Levi Dickey Elementary students Joseph Ham, who led the Pledge, and Camleigh Garcelli (in absentia), and Chino High music director Doug Bowden 11. Staff presented on Positive Behavioral Interventions and Supports (PBIS) under LCAP Goal 2 11; the presentation counted, as captioned, 10 platinum, 22 gold, and one silver recognized schools, with every CVUSD school recognized 28.

Board communications

• Don Bridge spoke about playoff games and the Biomedical Science and Technology Academy open house, and said it is time for the district "to get away from culture wars and focus on education" 29. On the recording he framed it as a repeat now that the vote had been taken ("I'll say it again") 30.
• James Na thanked the speakers, spoke about California's education ranking and parental involvement, and said children must respect teachers and staff 29.
• Jon Monroe thanked the local Lions Club for scholarships to 12 classrooms and spoke about qualifications and agreeing as a community 29. He said that for the first time in his year on the board "both sides have actually agreed" on something: that the books read at the previous meeting were terrible 31.
• Andrew Cruz spoke about a ribbon cutting, a speaker's mention of 1984, and why he voted for the revisions 29. He tied Orwell's "2 + 2 = 5" to what "the state's telling us" 32, and described a planned scholarship for Don Lugo High students 32 in the arts and culture 33.
• Superintendent Enfield thanked the Lions Club for its scholarships to teachers 29.
• President Shaw spoke about site visits and events she attended, and commented on litigation fees incurred before a legal matter was handed to Liberty Justice Center 29, saying "we have a right to respond to unfair litigation" 34.

President Shaw adjourned the meeting at 8:50 p.m. 29

Press and context

📰 KVCR reported that night that the policy does not define its key term, and that opponents said the district already reviews library books and worried about lawsuits 35. LAist noted the process does not apply to state-approved curriculum 36. The Daily Bulletin said it was unclear whether the policy conflicts with Assembly Bill 1078, signed in September 2023; it also recalled that on October 19 a San Bernardino Superior Court judge had granted the state a preliminary injunction against two provisions of the district's July parental-notification policy 37. This meeting's closed-session agenda listed a superior court case with Liberty Justice Center and Atkinson, Andelson, Loya, Ruud, and Romo as counsel 38. CBS Los Angeles reported Shaw saying the legal fight with the state would cost the district no money because a firm represents it pro bono, and Our Schools USA co-founder Kristi Hirst disputing that: "Your political crusade is costing the district money" 40.

On December 4, 2023, the Freedom From Religion Foundation wrote the board asking that the Bible be removed from district libraries under the new standard, or that the policy be dropped 39.