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July 25, 2018 CUSD BOT Meeting Agenda Item #53: FIRST READING – BOARD POLICY 5180, NONDISCRIMINATION 

Board Agenda page 994

Board Audio

Assembly Bill 699, signed into law in October 2017, expressly added “immigration status” as specified protected characteristic for purposes of anti-discrimination and equal protection laws in schools. This proposed revision of Board Policy 5180, Nondiscrimination, bring this policy in alignment to recent changes in law.  

This policy must be translated in the student’s primary language if at least 15 percent of the students enrolled in the school speak a single primary language other than English. CUSD must translate this policy into Spanish and Farsi.

CUSDWatch Comment

The proposed changes seek to empower school districts to govern "off campus" and "outside of school-related or school sponsored activities" 

Board Agenda page 996

This policy shall apply to all acts related to school activity or to school attendance occurring within a district school, and to acts which occur off campus or outside of school-related or school-sponsored activities but which may have an impact or create a hostile environment at school. (Education Code 234.1)

 

New Recording Keeping Requirements 

Board Agenda page 996

Record-Keeping

The Superintendent or designee shall maintain a record of all reported cases of unlawful discrimination, including discriminatory harassment, intimidation, or bullying, to enable the Ddistrict to monitor, address, and prevent repetitive prohibited behavior in Ddistrict schools.

 

CUSDWatch Comment

The following "Management Resources" should be removed from Board Policy 5180(c) because they are not "legal authority". These resources constitute "political advocacy" not legal authority. 

Management Resources:

CSBA PUBLICATIONS

Updated Legal Guidance: Protecting Transgender and Gender Nonconforming Students Against Sex Discrimination, July 2016

CSBA is the nonprofit education association. A membership-driven association, CSBA provides policy resources and training to its dues paying members. It is a POLITICAL ADVOCACY ORGANIZATION. See: CSBA Public, Legislative and Legal Advocacy 

CA School Boards Foundation

The California School Boards Foundation is a 501 (c)(3) nonprofit, tax-exempt educational organization whose mission is to provide direct support and training to school board members, conduct policy research and analysis, and recognize educational leadership and achievements in California. The Foundation is integral to achieving the long-term vision of CSBA, which is to build a “state where the public schools are widely recognized as the foundation of a free and democratic society, where local citizen governing boards are fully vested with the means to advance the best interests of students and the public, and where the futures of all children are driven by their aspirations, not bounded by their circumstances.”

CALL TO ACTION TAXPAYERS AND PARENTS

CUSD spends hundreds of thousands of dollars for memberships in Associations like CSBA. All of the organizations have political action pacs which often advocate against the interests of students and taxpayers. Ask CUSD to stop spending student money to fund political advocacy organizations like CSBA.

CSBA Advocacy Positions 

CALIFORNIA OFFICE OF THE ATTORNEY GENERAL PUBLICATIONS

Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's K-12 Schools in Responding to Immigration Issues, April 2018

The State Attorney General spends tremendous amounts of taxpayer dollars in political efforts to delegitimize the current duly elected president of the United States. Tremendous taxpayer resources are put into the legal defense of people who have entered our country illegally. The State of California (a self-declared sanctuary state) pours tremendous taxpayer dollars into new programs and entitlements for people who are not legally entitled to be in this Country and does so at the expense of the education of the children of legal residents. 

This "resource" is the political opinion of a rouge Attorney General in a State that has 1.7 million more registered voters than the number of people who are entitled to vote in this state.

This is NOT legitimate legal authority for California School Board Policy, this is "Political Advocacy". 

FIRST AMENDMENT CENTER PUBLICATIONS

Public Schools and Sexual Orientation: A First Amendment Framework for Finding Common Ground, 2006

The drafting of this publication was facilitated by the First Amendment Center (www.firstamendmentcenter.org) and BridgeBuilders (www.bridge-builders.org), which provide mediation services to help schools and communities find common ground on the issues addressed in this guide.

The process for dialogue recommended in this guide has been endorsed by: American Association of School Administrators

Association for Supervision and Curriculum Development (ASCD)

BridgeBuilders

Christian Educators Association International

First Amendment Center

Gay, Lesbian and Straight Education Network (GLSEN)

This is NOT legitimate legal authority for California School Board Policy

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBLICATIONS

Examples of Policies and Emerging Practices for Supporting Transgender Students, May 2016

Dear Colleague Letter: Title IX Coordinators, April 2015

Dear Colleague Letter: Harassment and Bullying, October 2010

Notice of Non-Discrimination, Fact Sheet, August 2010

WEB SITES

CSBA Inappropriate Source- Political Advocacy organization

California Department of Education

California Safe Schools Coalition Inappropriate Source- Political Advocacy organization

Questions & Answer Guide On California's Parental Opt-out Statutes: Parents' and Schools' Legal Rights and Responsibilities Regarding Public School Curricula 

California Office of the Attorney General

First Amendment Center Inappropriate Source- Political Advocacy organization

National School Boards Association - Inappropriate Source- Political Advocacy organization

U.S. Department of Education, Office for Civil Rights