San Ysidro board authorizes RFQ for independent investigation into handling of alleged preschool assault
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Trustees voted unanimously to authorize a request for qualifications to hire an outside attorney to investigate the district's handling of an alleged assault at Sunset Preschool. Public commenters demanded a public timeline, and legal counsel warned about attorney-client privilege limits.
The San Ysidro School District governing board on Nov. 13 authorized a request for qualifications (RFQ) to hire an independent law firm to investigate how the district handled an alleged assault that was first reported to authorities this year.
Board members moved to issue the RFQ during a special 4:13 p.m. session so the district can solicit proposals and then narrow candidates based on conflicts and qualifications. "We want an unbiased firm," a trustee said during the discussion, emphasizing that the board will later define the scope and select a firm without prior ties to district vendors.
Mary Davis, founder of the Public Education Oversight Project, told the board the RFQ title and agenda language should be specific so future reviewers can understand what was investigated. "For the record... you won't even know what the investigation was for," Davis said, urging the board to avoid law firms already doing district work and to include clearer scope language in public materials.
District legal counsel Joseph Sanchez told the board the Brown Act provides sufficient notice for the RFQ discussion and explained the RFQ process: firms submit qualifications, the district vets conflicts and later negotiates fees. Sanchez warned that because the investigator will be a licensed attorney, much of the investigation’s work product could be subject to attorney-client privilege unless the board chooses to waive it.
A motion to authorize the RFQ carried on a voice vote; multiple trustees answered "Aye," and the president declared the motion passed. The board did not select a firm at the meeting; trustees said proposals will be evaluated and selection could occur in an email session or at a subsequent meeting.
What happens next: staff will publish the RFQ, accept proposals, and return to the board with recommended candidates and a proposed scope. Public commenters asked the board to publish a clear, public timeline of events and to commit to protecting whistleblowers during the process.
Provenance: topicintro SEG 143, topfinish SEG 461.
