Mr. Harper provided his reasons for voting against the contract.

Motion carried 3-1.

Mr. Harper voted no.

Ms Castrey was absent.

(III-B)

Motion carried 3-1.

Mr. Harper voted no.

Ms Castrey was absent.

President Bruce explained that the Study Session was called to enable the Board to receive the Task Force’s report on open enrollment. Following presentation of the report, communication to the Board would be opened for the public. The Board would then be considering all input so that it could consider the Board’s policy.

Dr. John Myers introduced members of the Open Enrollment Task Force, as follows: Michael Simons and Matthew Harper, Board Members; Jerry White, Director of Curriculum, Kathy Miller, Principal, Westminster High School; Paul Sevillano, Assistant Principal, Ocean View High School; Roy Miller, teacher, Huntington Beach High School; Denis Gitschier, teacher, Fountain Valley High School; Jim Burch, teacher, Ocean View High School; Jodi Keidel, Psychologist, Marina High School; Marilyn Mauldin, classified staff, Huntington Beach High School; Ryan Hasegawa, classified staff, Westminster High School; Andrea Graboff, parent, Marina High School; Julie Carman, parent, Edison High School; Cindy Arthur, parent, Westminster High School; Fran Andrade, community member, Ocean View High School; Joseph Lai, student, Fountain Valley High School, and Stephanie Domzalski, student, Edison High School.

The Board of Trustees had directed Dr. Myers to put together a Task Force, specifically to examine paragraph 3 of the district’s Open Enrollment Policy which deals with the Board’s efforts to maintain appropriate racial and ethnic balances among district schools. Concern had been expressed by some parents that the policy is preventing some white students from transferring to their school of choice. The Task Force met on four occasions during the month of March, each time for three hours.

Dr. Myers indicated that the Task Force was not able to reach consensus on its recommendations. Therefore, the Board would hear three reports this evening from the All Star teams. Dr. Myers commended the Task Force on demonstrating mutual respect, respecting diversity and individuality, ensuring the equality of all group members, acknowledging others, listening respectfully for understanding, setting aside judgmentalness and demonstrating integrity on extremely complex issues. Dr. Myers reviewed the Problem Solution Criteria in priority order.

Dr. Myers indicated that school capacity was an issue which might limit open enrollment options in the future.

Solution Recommendation No. 1 was presented by Cindy Arthur and Julie Carmen. Mrs. Arthur thanked the Board for the opportunity to be involved in this process. She thanked fellow members of the Task Force and particularly Dr. John Myers for his leadership and expertise. Members of the team were introduced as follows: Fran Andrade, Cindy Arthur, Julie Carman, Andrea Graboff, Ryan Hasegawa, Marilyn Mauldin, Jim Burch, Paul Sevillano and Kathy Miller.

Solution Recommendation No. 1 recommends that the District Intradistrict Open Enrollment Board Policy paragraph #3 that addresses maintaining racial/ethnic balances among district schools be revised as follows:

"The Board retains the authority to maintain appropriate racial and ethnic balances among district schools. (Education Code 35160.5) Open enrollment may not adversely affect the racial or ethnic balance of any school and it should promote the strengths of diversity. If a school is declared to be ethnically isolated, the open enrollment process for the school affected will be limited. An ethnically isolated school is defined as one that is 10% below the district student ethnic majority percentage.

This policy will be re-examined on an annual basis in November."

Recommendation #1 recognizes that discrimination is inherent in a policy that limits the individual rights of students, because granting those rights may infringe on the rights of other students. We believe there is a legal and moral obligation to consider racial/ethnic balance within the district. We believe that the school choice act does not supersede the district’s primary obligation to provide equitable optimal educational opportunities for all of its students. We believe that it is incumbent upon the district to evaluate and implement programs that will enhance the marketability of those schools losing students to the open enrollment process. Finally, we believe that, in light of increased enrollment as it relates to school capacity, the sibling option policy must be re-examined."

Dr. Myers clarified that the underlined portions of the proposed Board Policy are the parts that are recommended for change. He indicated that coalitions and memberships of these teams changed throughout the process.

This recommendation would maintain the district’s current open enrollment policy and ethnic balance.

Board members asked questions.

Solution Recommendation No. 2 was presented by Joseph Lai and Jodie Keidel. Members of the team were Stephanie Domzalski, Joseph Lai, Jodie Keidel, Denis Gitschier, Roy Miller and Jerry White. It "Recommends that the District Intradistrict Open Enrollment Board Policy paragraph #3 that addresses maintaining racial/ethnic balances among district schools be revised as follows:

"The Board retains the authority to maintain appropriate racial and ethnic balances among district schools. (Education Code 35160.5) Open enrollment should promote the strengths of diversity. If a school is declared to be ethnically isolated, the open enrollment process for the school affected will be limited. An ethnically isolated school is defined as one that is 15% below the district student ethnic majority percentage. Open enrollment will support educationally attractive academic and co-curricular programs at ethnically isolated or potentially ethnically isolated schools. This policy will be re-examined on an annual basis in November, including sibling options."

1. Protects Westminster High School from further ethnic/racial isolation (Westminster High School is now 33.4% below the district student ethnic majority percentage)
2. Allows for the automatic yearly adjustment of the definition of ethnic/racial isolation by attaching the 15% to the district student ethnic majority percentage
3. Provides more opportunity for transfers from Ocean View High School
4. Encourages additional attractive programs at ethnically or potentially ethnically isolated schools
5. Gives the Board additional time to consider necessary changes to the policy as a result of potential increases in student enrollment
6. Promotes ethnic diversity
7. Meets the educational needs of all students
8. Is legal

This recommendation would change existing policy and would limit open enrollment if a school’s ethnic majority percentage falls 15 percent below the district average. Committee members indicated that this option would allow students waiting to leave Ocean View High School to go to their school of choice. This option would be re-examined annually.

Solution Recommendation No. 3 was presented by Matthew Harper. Team membership consisted of Matthew Harper. Recommends that the District Intradistrict Open Enrollment Board Policy paragraph #3 that addresses maintaining racial/ethnic balances among district schools be deleted and replaced with the following:

"The Huntington Beach Union High School District shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of the open enrollment policy for intradistrict transfers."

Recommend that the Board develop a process to evaluate the competitive factors that attract students to the various high schools on a regular basis.

1. Eliminates the mixed message to students that racial discrimination is okay in some cases
2. Spends more time educating students and less time manipulating the population demographics of the schools
3. Acknowledges racial and ethnic data based on the student census form is unverified and not held to a single standard
4. Implements Proposition 209, as mandated by the community; eliminates the racial quota scheme; and allows for closure to the issue
5. Protects students rights against discrimination and racial preference as guaranteed by the Equal Protection Clause and Proposition 209 of the California Constitution and the Fourteenth Amendment to the Constitution of the United States.

Dr. Myers stated that every effort was made to find agreement on the issue. However, the issues involved are complex and the Task Force could not narrow it down to less than three solution recommendations.

Ms Bruce suggested that the Board ask their questions and then the meeting would be opened up for public comment. She indicated her hope was that the Board be presented with a policy for first reading at the April 20, 1999 Board meeting so that this issue could be brought to closure.

Dr. Simons asked questions of group number one, represented by Jim Burch and Kathy Miller, who provided reasons for their recommendation. Mr. Harper asked further questions. Following much discussion, Mrs. Bruce indicated that school capacity might be a major factor that would impact the policy. Dr. Myers indicated that all members of the Task Force agreed that students who live within school boundaries will have first right to that school. Mrs. Bruce stated that the Board may have to look at redrawing boundaries.

Further discussion took place. At the conclusion, Mrs. Bruce thanked the entire committee, stating that the Board is most appreciative of its efforts, and asked Task Force members if they wished to make any comment. Fran Andrade, Joseph Lai and Marilyn Mauldin addressed the Board.

Mrs. Bruce asked Board members if they needed any other information from staff as she was making the assumption that they would like the issue of open enrollment on the next agenda for first reading. Dr. Simons stated that the Board definitely needs a policy to consider at the April meeting. He stated it is important that the Board have Mr. David Larsen present as it is not fair to talk about the district’s legal counsel without him being present to defend himself. He indicated he has had the pleasure of working with Mr. Larsen for the past eight years and could not think of a more competent school attorney in the area. He asked staff to consider what has been said and to bring forth a recommendation that would answer the problems.

Ms Dashiell asked what the first reading would look like. Mrs. Bruce explained it would give the Board the opportunity to take the policy and word-smith it and move it on for adoption.

Dr. Simons said the Board would need something to work with - whatever the staff feels they have heard from the committee and the public - something to allow some movement of students. However, the Board understands the necessity of maintaining equitable programs for students. Therefore, we must explore ways of reaching this delicate balance.

Mr. Harper asked for clarification on what was being recommended and how he might affect a change in it.

Mrs. Bruce indicated that it would not be fair to Ms Castrey to come up with a really specific recommendation at this Study Session which would lock the Board into a position.

Mrs. Bruce asked that when the district’s attorney is requested to attend the April Board meeting, she would like him to be able to address the issue about Proposition 209 and its impact upon Education Code 35160.5.

Members were asked to hold Sunday, April 18 from 3-5 p.m. for a WASC Accreditation reception at five high schools.

Dr. Myers thanked members of the Intradistrict Open Enrollment Task Force for their hours of hard work.

Kurt English addressed the Board on the parameters for the agenda and on open enrollment.

Fran Andrade, member of the Task Force, commented on her perception of the Task Force’s agreements on confidentiality.

Patrick Moir, Stephanie Erickson, Bruce Crawford, Chad Morgan, Joseph Laid and Julie Carman, all commented on open enrollment.