Parents recently voiced their concerns to the Palos Verdes Peninsula Unified School District about a principal and teachers regarding the appropriateness of a book being read to their children in the 5th grade. The book, Too Bright to See by Kyle Lukoff, is a fictional novel about a ghost coaxing a young girl to find her inner-self by gender-transitioning into a boy. You can read more about the book in an article by EdFirstPV called Gender Ideology Being Taught in PVPUSD Classrooms.

Parents were rightfully concerned since they were neither told nor notified of the topics regarding gender sexuality being discussed with their child through the reading of this book. 

were parents mislead about the right of teachers to choose the book?

The response from PVPUSD staff, teachers, and the Teacher’s Union (PVFA) to parents was that the CA FAIR ACT (SB 48) allowed the teachers to read the novel. However, the FAIR ACT states:

“Add instruction in history-social science about the role and contribution of persons with disabilities; lesbian, gay, bisexual, and transgender Americans; and other ethnic and cultural groups to the economic, political, and social development of California and the United States, with a particular emphasis on portraying the role of these groups in contemporary society.”

The FAIR Act actually does not specifically permit teachers to present a work of fiction to discuss gender-transition in the classroom. Parents were also told that the CA Department of Education recommends the novel, when the CA Department of Education makes it clear that the local district has the ultimate responsibility of choosing literature, rather than an individual teacher.   

In addition the Palos Verdes Faculty Union (PVFA) claims that the book is acceptable to teach because of the CA Healthy Youth Act. The CA Healthy Youth Act is a bill that requires school districts to ensure that all pupils in grades seven to twelve, inclusive, receive comprehensive sexual health education and HIV prevention education. It specifically requires school districts to provide students with integrated, comprehensive, accurate, and inclusive comprehensive sexual health education and HIV prevention education, at least once in high school and once in middle school. It is essentially the outline for implementing the CA comprehensive sex education health courses provided by the school district. The CA Healthy Youth Act does not allow all other subject matters to teach topics regarding LGBTQ worldviews, and PVFA is misinterpreting the law.

Parent’s Right to know when controversial topics are topics in the classroom

Parents have the ultimately right to impart values regarding human sexuality on their own children. The state law is outlined in CA Education Code 51937:

“The Legislature recognizes that while parents and guardians overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children.”

Topics regarding human sexuality are regulated under the CA Healthy Youth Act within the district’s Comprehensive Health Education Curriculum. Parents have the right to opt-out their children from the Comprehensive Health Curriculum. Recently, however, opting-out has become increasingly more difficult for parents since this type of instruction is actively making its way into all other subject areas. The Palos Verdes Board of Education has the power to pass policies that align with their commitments they’ve made to parents and to the law.

PVPUSD has policies that address their Vision, Bylaws, Parental Involvement, Instructional Materials, Controversial Issues, and many more. PVPUSD Board Policy 6144 regarding topics that relate to Controversial Issues says:

“When providing instruction related to a controversial issue, the following guidelines shall apply:

1. The topic shall be suitable to the age and maturity of the students.

2. Instruction shall be presented in a balanced manner, addressing all sides of the issue without bias or prejudice and without promoting any particular point of view.

3. In the classroom, teachers act on behalf of the district and are expected to follow the adopted curriculum. In leading or guiding class discussions about issues that may be controversial, a teacher may not advocate his/her personal opinion or viewpoint. When necessary, the Superintendent or designee may instruct teachers to refrain from sharing personal views in the classroom on controversial topics.

4. Students shall be assured of their right to form and express an opinion without jeopardizing their grades or being subject to discrimination, retaliation, or discipline, provided the viewpoint does not constitute harassment, threats, intimidation, or bullying or is otherwise unlawful.”

A controversial topic is defined as any topic that arouses a strong reaction.

As parents pushed back against the overreach of instructional materials by some teachers, the PVFA has pushed harder to misrepresent parental concerns.  Subsequently, the Palos Verdes Democrat Party became involved by sending out an email requesting their members and LGBTQ+ supporters rally for "inclusive education" at the Board of Education meeting on 3/8/23. Even former Board Member Rick Philips misrepresented the law when he spoke out against parents who shared concerns about being more involved in the selection of their children’s instructional materials. Education Code 60002 very clearly states:

“Each district board shall promote the involvement of parents and other members of the community in the selection of instructional materials.”

Furthermore, the disregard for a parents’ rights to rear their children is also apparent in the 205 News interview given by a Transgender expert and teacher, Stevie Hirner. Stevie is a PFLAG activist, living in Long Beach, who was called to speak at our local school board meeting where he misrepresent and attack parent concerns.

The law is the law

There are many CA laws that promote the involvement of parents. In addition to the aforementioned Education Code 60002, there is the CA Education Law 51100 that outlines the benefits of parent involvement:

“(a) It is essential to our democratic form of government that parents and guardians of schoolage children attending public schools and other citizens participate in improving public education institutions. Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education.

(b) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance.

(c) All participants in the education process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning.

(d) Family and school collaborative efforts are most effective when they involve parents and guardians in a variety of roles at all grade levels, from preschool through high.”

It is the job of the Board of Education, the Superintendent Alex Cherniss and his staff, the principals, and the teachers to know and abide by the law and enforce Board Polices that regulate the school district. The Board of Education also has an obligation to the commitments it has made to parents and student learning.

PVPUSD states in its Board Policy Vision:

“The purpose of the district is to provide the guidance and resources necessary to ensure an environment conducive to learning. However, it is important to emphasize that the goal of our educational system is not to supplant parental responsibilities throughout the learning process. The Board desires to foster parental participation in order that an educational climate is created which reinforces the positive and healthy development of the child.”

Regardless of pressure from the Teachers Union (PVFA), activist support groups such as PFLAG that represent Lesbians, Gays, Bisexuals, Transgenders, and Queer Youth, the PV Democrat Party, or even former Board Members like Rick Phillips, PVPUSD must dedicate itself to uphold CA law and its own Board Policies for the posterity of the Palos Verdes Peninsula Unified School District.

The Palos Verdes Board of Education enforced policies that were in direct conflict with the California Educational Code, (EDC 51101). Parents have a legal right to volunteer in the classroom. However, for a large part of the 2021-22 school year parents who could not provide evidence of having received the COVID-19 vaccination were not permitted to volunteer in their child’s classroom and assist with on campus education. Unvaccinated teachers and staff could provide a negative test, but this alternative was unavailable for parents for nearly the entire school year. Many parents were unable to watch their children play sports or perform in school plays, and volunteer in their children’s classrooms.

PVPUSD School Board Candidate, Julie Hamill submitted this letter in December of 2021.

Parental Rights are secured by the CA Education Code and Protection of Pupil Rights Amendment. Both entities allow parents the legal right to review curriculum and opt-out of certain lessons, activities, and surveys that probe into the personal values and beliefs of the student or the family.

• Parental permission is required for psychological evaluations and some Social/Emotional Learning activities. EDC 49091.12 and EDC 51513

• Parents have the right to opt-out of all or part of Comprehensive Health Education (or Sex Ed.) EDC 51937

• Parents have the right to opt out of the annual Healthy Kids Survey.

Opting- Out

There is a formal process to opting out. Follow the link to the CA State Parent and Student Opt-Out Notice. Click on the State of California and follow the instructions on the form. The opt-out notice must be submitted every year to the school Principal, for each school age child in your home.

opting- out of SEL and DEI curriculum

Parents have a right to opt-out of social and emotional learning (SEL), and Diversity, Equity, and Inclusion curriculum. However it is become increasingly more difficult to opt-out of this type of instruction because it is making its way into all aspects of the curriculum, but the Board of Education has the power to stop it. A school board that offers opt forms and is transparent about its opting-in and opting-out policies, keeps its commitment to respecting parental rights. The Board not only protects itself from violating the law, but also maintains its professionalism and integrity.

The best way to accomplish this level of transparency is to elect school board members who are willing to stand behind parental rights, and then ask them to allow opt- out, or better yet, opt-in consideration for specific non-academic curriculum.

Opting- In

What does it mean to Opt- in? Well, this is actually a very important action, and a best practice. When the school district and its Board of Education uses opting- in practices, they are recognizing that parents ultimately have authority over their child’s education, and they are willing to make the effort and do work to ensure parents are informed and actually want their children to participate in the program.

How many genders are there? This is a question that has merited little discussion until very recently, but there are certain groups in our society who have been targeting young people with the idea that there are possibly more than two. While students may be confronted with this ideology in the general culture, the voters in Palos Verdes should be aware of the position currently taken by the Palos Verdes School District.

PVPUSD Board Policy Adopted in June of 2022

In June, all five members of the current School Board voted to adopt a policy that requires all students, teachers and staff to accept the world view that gender is both subjective and assigned at birth:

Board Policy 5145.3 Transgender student means a student whose gender identity is different from the gender assigned at birth.

The same board policy also states that teachers and staff will risk accusations of sexual harassment if they do not use the preferred pronouns of a student:

“Examples of the types of conduct which are prohibited in the district and which may constitute gender-based harassment include, but are not limited to: Refusing to address a student by a name and the pronouns consistent with the student's gender identity.”

While many people in our community are perhaps open to a discussion of this new world view,

the current School Board in Palos Verdes has taken a stand and created a district wide regulation to enforce that position.

Many parents may not be aware, but California lawmakers have provided for specific parental rights in the public schools. It is important for parents to be aware of their legal rights within the school system. The Education Code is lengthy, but it is written in plain English and many chapters include an introduction explaining the purpose of a particular set of laws. We can read the purpose of parental rights laws here. Sometimes teachers and school staff are unaware of certain laws, and they may inadvertently put illegal limits on parental involvement. Also, by knowing the law, parents may find new ways to become active in their local schools.

These are the rights guaranteed to parents in the state of California:

• Classroom observation and access to curriculum EDC 51101

• Volunteering in the classroom EDC 51101

• Ensuring safe school environments EDC 51101

• Participation in the selection of new curriculum EDC 60002

• Access to students’ records, academic progress and test results EDC 51101

• Parental permission is required for psychological evaluations and some Social/Emotional Learning activities. EDC 49091.12 and EDC 51513

• Participation in councils and committees EDC 51101

• Participation in developing the school’s Local Accountability Plan EDC 52063

Several of these will be explored in future posts

Every year, school districts in California are required to prepare a three-year public plan known as an LCAP (pronounced EL-cap). The LCAP (Local Control and Accountability Plan) officially defines the district's goals and priorities. Work that is measurably specified in the LCAP is an official priority. Anything not included in the LCAP is apt to be overlooked.

The district is required to include parents and community members in developing the LCAP. Participating in the LCAP process is an impactful way for parents to be involved in directing the priorities of our local schools.

The following are the priorities determined each year:

• Identifying and incorporating goals related to local priorities.

• Ensuring all students have access to fully credentialed teachers, quality instructional materials and safe facilities.

• Ensuring that parents are engaged in the decision-making process and the educational programs of students.

• Monitoring student achievement and outcomes along multiple measures, including test scores, English proficiency, and college and career preparedness.

• Evaluating the school climate and connectedness.

Learn how to participate in the Local Accountability Plan at PVPUSD

Parents cannot be subject to any evaluation or monitoring of the quality or character of a student’s home life.

Parents may not be tested or screened for any reason.

Schools cannot require a non-academic home-based counseling program.

Schools cannot require any type of parent training.

Schools cannot require participation in any family education service plan.

California Education Code 49091.18

Many schools across the nation have been adding Social/Emotional Learning (SEL) programs to the course of study, and Palos Verdes is no exception.  Our schools have introduced curriculum from Second Step, Social Thinking, Illuminate Education, and Panorama.

Some of the material covered in Ethnic Studies could also fall into the SEL category. The activities in these curriculums require students to engage in self-examination and share their personal feelings, values or beliefs with teachers or school staff.

It is important to be aware of the legal rights of parents when it comes to SEL programs.  California law is very clear on this matter: 

• Public schools must obtain written permission from parents before evaluating a student’s mental health or before asking students about their personal beliefs, sexual practices, family life, morality or religion. California EDC 51513 and EDC 49091.12

Apparently, not all teachers and staff are aware of this requirement of the law. During the fall of 2021, students were surveyed about their personal beliefs on the Panorama platform, without first obtaining written permission of parents.   

What can we do about this problem?

• Ask teachers what SEL programs are being used in your child’s class.

• Find out about the activities in which your child will be asked to participate.

• Make sure the teacher is aware that some activities require written consent from parents.