When a member of the public testifies before a legislative body, the body may not prohibit the individual from criticizing the policies, procedures, programs or services of the agency or the acts or omissions of the legislative body. (§ 54954.3(c).
WE DO NOT CONSENT
"On August 11, 2021, PVPUSD School Board Members and The PVPUSD District violated their Oath of Office to support and defend the Constitution of the United States and the Constitution of the State of California."
VIOLATION OF OATH OF OFFICE
The California Constitution and the Brown Act ensure that control over the public boards, councils, and commissions created to conduct the public’s business, including school district and county boards, remains with the public.
(Cal. Const. art. I, § 3, Gov. Code §§ 54950-54963.)
To enable the public to fulfill this function, the Brown Act imposes requirements on the public bodies in conducting the public’s business. Foremost among these is the requirement that any item of business within a public body’s “subject matter jurisdiction” be conducted in an authorized meeting."
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Where matters are not subject to a closed meeting exception, the Act has been interpreted to mean that
all
of the deliberative processes by legislative bodies, including discussion, debate, and the acquisition of information, be open and available for public scrutiny.
(Sacramento Newspaper Guild v. Sacramento County Bd. of Suprs. (1968) 263 Cal.App.2d 41; 42 Ops.Cal.Atty.Gen. 61, 63 (1963); 32 Ops.Cal.Atty.Gen. 240 (1958).)
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While in attendance, members of the public may make a video or audio recordings of the meeting. (§ 54953.5.) As a general rule, the information given to a majority of the members of the legislative body in connection with an open meeting must be equally available to members of the public. (§ 54957.5.) Before or during the consideration of each agenda item, the public must be given an opportunity to comment on the item. (§ 54954.3(a).) "
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(Government Code section 54954.3.)
For any item on the agenda, the public must have the opportunity to address the board prior to or during the board's consideration of the item. At a regular meeting, the public is also permitted to comment on matters not on the agenda.
However, according to Government CODE 5495.4, the Board may not discuss or take action on an item not included in the Agenda.
What is the approval of agenda?
Before the meeting can begin, the agenda must be “adopted”, which results from: A member of the body making a motion to approve the agenda; That motion receiving a second; A simple majority voting to approve the agenda. The Board cannot have a meeting unless the majority of the Board Votes to approve the Agenda.
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What happens when a School Board does not have a majority Vote to approve the Agenda?
Without an approval of the Agenda the Board cannot continue with the meeting.
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FORCING PEOPLE WHO CANNOT COVER THEIR FACES DUE TO MEDICAL CONDITIONS IS DISCRIMINATION
Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of disability by recipients of Federal financial assistance, including IDEA funds. The Section 504 regulation at 34 CFR Part 104, 104.33-104.36, describes "free appropriate public education" requirements that are similar to the "free appropriate public education requirements" in IDEA.
STUDENTS MAY NOT BE EXCLUDED
LEAs must continue to adhere to least restrictive environment requirements of the Individuals with Disabilities Education Act (IDEA) when educating students with disabilities, including ensuring students with disabilities are educated with their nondisabled peers to the maximum extent appropriate (34 Code of Federal Regulations § 300.114). It is imperative that students with disabilities not be excluded from educational environments should their disability require a school-related health service.
AMERICANS WITH DISABILITIES
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability by State and local governments, whether or not they receive Federal funds. The Office for Civil Rights interprets the requirements of Title II of the ADA as consistent with those of Section 504. The similarities and differences in the requirements of the three laws are described in further detail in the response to question 13.
SCHOOLS MAY NOT EXCLUDE ANY PERSON WITH A DISABILITY FROM PUBLIC EDUCATION.
States receiving funds under IDEA must make a free appropriate public education available to eligible children with disabilities. The provision of a free appropriate public education requires that all special education and related services identified in a student's IEP must be provided at no cost to the parents. The term "special education" is defined at 34 CFR 300.17(a) as "specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including --
SCHOOLS MAY NOT DISCRIMINATE AGAINST ANYONE WHO CANNOT WEAR A MASK
School districts to place students in the least restrictive environment (LRE).
LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services," along with their nondisabled peers in the school they would attend if not disabled, unless a student's individualized education program (IEP) requires some other arrangement.
This requires an individualized inquiry into the unique educational needs of each disabled student in determining the possible range of aids and supports that are needed. Some supplementary aids and services that educators have used successfully include modifications to the regular class curriculum, assistance of an itinerant teacher with special education training, special education training for the regular teacher, use of computer-assisted devices, provision of notetakers, and use of a resource room, to mention a few.
OATH OF OFFICE OF SCHOOL BOARD MEMBERS
I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United states and the Constitution of the State of California; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
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HOW DOES THE SCHOOL BOARD PROTECT OUR RIGHTS?
We entrust the governance of our schools to citizens elected by their communities to oversee both school districts and county offices of education. In California, the public schools serve more than 6 million students — a collective student body larger than the total population of many other states. Over 5,000 school board members govern our state's more than 1,000 school districts and county offices of education. Ours is the largest public school system in the nation.
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WHY DO WE HAVE SCHOOL BOARDS?
Citizen oversight of local government is the cornerstone of democracy in the United States.
It’s the foundation that has lasted through the turbulent centuries since our nation came into being.
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RELATIONSHIPS
Board members’ relationships with each other, with the superintendent and other staff, and with the public have a profound impact on a board’s effectiveness. It is vitally important that voters pay attention to the citizens they select to oversee their schools.
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TRANSPARENCY
The board has a responsibility to involve the community in appropriate, meaningful ways and to communicate clear information to the community about district policies, educational programs, fiscal condition and progress on goals.
PAST PVPUSD
School Board Violations
School Board Members Must Follow the Law and
Understand The Legal Responsibilities of School Boards.
