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Board adopts revised nondiscrimination/harassment policies; administration and union to resolve questions about administrative regulation
Summary
Trustees adopted amended nondiscrimination and harassment board policies on Aug. 14, reverting Title IX language to 2020 regulations and waiving a second reading while administration and union leaders examine an administrative regulation for contractual conflicts.
The East Side Union High School District Board of Trustees on Aug. 14 voted to adopt amended board policies on nondiscrimination and harassment that revert Title IX language to earlier (2020) federal regulations and moved to waive the usual second reading.
Associate Superintendent Teresa Marquez explained the changes were drawn from California School Boards Association (CSBA) model language to align district policy with current federal rules, after the 2024 regulations were vacated. She said board approval of the policies is needed now so the district can conduct Title IX investigations and meet federal program-monitoring expectations under the current law.
During public comment, staff member Thomas Brittendall asked the board to allow a second reading so management and union leadership could review a potential conflict between two lines in the administrative regulation (AR) and language in the ESTA collective bargaining agreement related to staff conduct and discipline. Brittendall said small edits to two lines could retain the AR—s intent while avoiding conflict with the collective bargaining agreement.
Trustees pressed administration for clarity about the distinction between board policy (a board action) and administrative regulations (an administrative matter). Administration said the AR can be resolved outside a board meeting and that it had already referred the concern to legal counsel earlier the same day. The associate superintendent said she had exchanged communications with union leadership and legal staff and committed to continue discussions.
Board members expressed concern about waiving the second reading without a legal memo in hand but ultimately voted 5–0 to adopt the board policies and waive the usual second reading; they also directed administration to continue to work with union leaders and legal counsel on the AR. Trustees emphasized that if legal review identifies problems, the board can revisit policies or act on further changes at a future meeting.
The action updated board policy language only; administration said any necessary edits to the AR would be negotiated or resolved with unions and legal counsel and would not prevent the district from implementing required Title IX procedures for the new school year.
