Board of Education — October 17, 2024

October 17, 2024 Regular Board of Education Meeting

Board adopts the "No Deception" policy

The board adopted new Board Policy 0100.1, No Deception, on a motion by James Na seconded by Andrew Cruz 1. The minutes record Don Bridge voting no and the student representative voting yes 1.

The policy says that "when making disclosures otherwise required by law, district policy, or district administrative regulation," the district and its employees "shall at all times be truthful and honest and not misrepresent, either directly or by omission," to parents or guardians about school-related information affecting their child's education and well-being 2. When making such disclosures, staff must provide all relevant information on a child's health, safety and education, and may not intentionally withhold information or give misleading partial information unless disclosure is otherwise prohibited by law or policy 2. For purposes of three cited sections of the Family, Health and Safety, and Education codes, including parents is appropriate "unless specifically prohibited by law," and nothing in the policy affects employees' duties as mandated reporters of child abuse 3. The packet redline shows an earlier phrase, "even if not directly requested by the parent or guardian," struck through 2.

The agenda lists the item as submitted by President Sonja Shaw under Board Bylaw 9322. It was presented as information on September 5, 2024, given a second reading with changes on September 19, and changed again during consultation with the teachers' association, A.C.T., on October 8 2. The minutes do not summarize the board's discussion before the vote, so this page does not attribute the members' recorded remarks to individuals 1.

The legal backdrop and the coverage

In a press release dated September 11, 2024, Attorney General Rob Bonta announced a San Bernardino County Superior Court final ruling. It permanently halted the provisions of the district's earlier policy that required schools to inform parents about transgender and gender-nonconforming students 4. In July 2024, Governor Gavin Newsom signed AB 1955, which bars district policies requiring employees to disclose information related to a pupil's sexual orientation, gender identity or gender expression without the pupil's consent 5. The district sued the state over that law in federal court on July 16, 2024, represented by Liberty Justice Center 6; that afternoon's closed-session agenda listed two existing cases handled by Liberty Justice Center 7.

The Daily Bulletin reported the vote the next day, noting critics' view that the policy was a workaround to the court decision 8. Q Voice News reported a crowd of more than 200, and critics who said the policy would still forcibly out students 9. A Los Angeles Times overview two weeks later said opponents called the rule an attempt to circumvent the new state law and overly expansive. Supporters, it said, saw it as making educators transparent with parents on all matters 10.

Public comment

The minutes list 16 people who addressed the board on the policy 1. Separately, they list 43 entries for comments on items not on the agenda, with one name appearing twice 11 12. Because the minutes do not record what anyone said, comments below carry no names and are grouped by theme, not in speaking order. From the dais, 46 requests to speak and a one-minute limit for non-agenda comments were announced (as captioned) 13.

On the policy, one opponent called its wording vague and "a thinly availed attempt to circumvent the safety act" (as captioned) 14, and described it as the board's third "Force outing policy" (as captioned) 15. Another warned of "the potential of students being outed to their Guardians" 16. One speaker said it would create "an environment of heightened pressure and anxiety for teachers" 17 and called it "a unilateral change in our working conditions" 17. Another argued that teachers reporting suspected abuse by a parent would have to tell that parent 18. The policy text itself says mandated-reporter duties are unaffected 3.

Supporters framed it as plain honesty. They praised "a policy that promotes honesty and accountability" 15, said "honesty is a virtue we cherish" 19, and argued that "if one teacher lies to a parent this policy is needed" 19.

Non-agenda comments largely returned to the board's policies on LGBTQ+ students. A statement read for an anonymous student described "the cold reality of students being forcely outed" (as captioned) 20. One supporter said parents' rights were being stripped away by a political agenda "propagated by the teachers unions and special interest groups" 21; another credited the board with the district's rankings 22. From the dais, speakers were warned against personal attacks and reminded "there is no electioneering here" 23.

Employee representatives

Steven Frazer, A.C.T. president, said the policy cites legal codes "but the policy provides no guidance on how staff should navigate the legal requirements." He recommended detailed guidelines and training, and urged the board to work with the union on a policy that is clear, fair and practical 11. Yvette Bookout, CSEA second vice president, urged involvement and, in support of ongoing negotiations, asked everyone to wear blue on Thursdays 11. Annette Hatch of CHAMP reported on the Great American ShakeOut, GATE screening and the upcoming Literature Day 11.

CSEA bargaining hearing

After a recess, the board held a public hearing on the district's initial proposal to CSEA Chapter 102 for a successor contract, and the minutes record no speakers 1. The proposal would modify the district's financial contribution toward a full-time release for the association's president 24. It would also set advance-notice rules for short vacations and change how employees on probation in a current position are considered for a new one 24.

PBIS report and recognitions

Deputy Superintendent Dr. Grace Park and Dr. Katrina Gomez presented the Positive Behavior Intervention and Supports report 11. The presentation reported that all of the district's schools received state recognition this year 25, with three at gold and 30 at platinum, up from one platinum school two years earlier 25. It ranked the district second among California unified districts for its share of platinum schools 26, and first in San Bernardino County for the number awarded 26.

President Shaw presented certificates to National Merit semifinalists Ryan Chao, Caden Hong, Ethan Kim and Cole Mattison of Ayala HS and Alec Enfijian of Chino Hills HS. She also recognized Roy Dorsey, a longtime Ayala HS volunteer 11. Student representative Gabriella Segoviano 7 reported that Don Lugo HS took back the Milk Can from Chino HS and Chino Hills HS won the Battle of the Bone against Ayala HS 11. She also said students attended the CADA conference in Pasadena 11.

Closed session and consent calendar

Out of closed session, the board reported appointing Bob Nelson as Coordinator, Equity, Diversity, and Support Systems, effective October 21, 2024 11.

The consent calendar was approved as amended on a motion by Na seconded by Jon Monroe 1. The amendment changed one CUPCCAA project figure, for Cal Aero K-8 and Adult School classroom HVAC replacement, from $19,500 to $19,900 12. The calendar included:

• payment of legal services to Atkinson, Andelson, Loya, Ruud & Romo; Margaret A. Chidester & Associates; and Tao Rossini, APC 1. The memo puts the August invoices at $93,485.16 27;
• four student expulsion cases 1;
• a revision of Board Policy 6158 on independent study 1, which reflects Senate Bill 153 and now defines long-term independent study as 16 days or longer 28 29;
• continued funding for the CSPP child development program, with its resolution 1;
• three resolutions to use piggyback contracts 1;
• change orders and notices of completion on facilities projects, among them eleven items for the Group A administration relocations at Anna Borba, Marshall and Walnut elementary schools 30 31.

Information items

The board received revisions of Board Bylaws 9010 (Public Statements) and 9012 (Board Member Electronic Communications), updated to CSBA recommended language 31 32 33. New 9010 text says a member may put a disclaimer on a personal social media account that the views expressed are personal 32. It also received two new CTE dance courses 31 and the quarterly Williams complaint report, which lists one facilities complaint, resolved 34.

Communications

Don Bridge said he attended both rivalry games and was impressed with the sellout crowds, and described a visit to Ayala HS where AP teachers were recognized for the school's place on the AP school honor roll 31. James Na thanked parents who attended, said "government or any policy cannot separate children and parents," and said his faith, family and friends are not for sale 31. Jon Monroe and Superintendent Norm Enfield made no comments 31. Andrew Cruz recalled a teacher who influenced him in elementary school and said he believes in fighting for kids no matter what 31. President Shaw thanked staff, educators, parents and community members who believe honesty and trust are virtues, and said she will keep working to make the district the best in California and the nation 31. She adjourned the meeting at 9:03 p.m. 35