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Board amends Policy 5021 after legal review of caregiver‑affidavit notarization
Summary
The board discussed Policy 5021 (custodial affidavits); legal counsel advised removing a notarization requirement as likely vulnerable to challenge. Speaker 7 moved to amend policy language; a voice vote recorded 'Aye' though full roll‑call tally was not recorded in the transcript.
District counsel told the board the district revised a caregiver‑affidavit requirement after legal review and removed a clause requiring notarization because that requirement "likely [would] not withstand judicial scrutiny." The counsel reported there is no controlling case that bars notarization broadly, but advised the district to omit the specific notarization mandate (SEG 1099–1111).
Following that legal briefing, Speaker 7 moved to amend Policy 5021 to restore certain caregiving language. The motion was seconded or supported in discussion; the transcript records discussion about the breadth of the policy, concerns about defensibility and the importance of addressing the caregiving language (SEG 1120–1139). The board chair called for a vote and the transcript records a voice vote with "Aye" responses (SEG 1155–1158). The transcript does not include a full roll‑call or a precise tally of yes/no/abstain votes.
The explicit action recorded in the transcript is the motion to amend policy language with an affirmative voice vote. The record of the meeting also notes the district previously removed the notarization sentence from the affidavit but shows board members debating whether to restore caregiver language; legal counsel cautioned about legal risk from requiring notarization.
Because the transcript records only a voice affirmative response and does not provide a roll‑call tally, the meeting record in the transcript does not permit a precise vote count. The board adjourned after closing business.
