Gilroy
– Most of the key players were present, but action was nowhere
to be seen at Gilroy Unified School District’s Board meeting
Thursday night.
Gilroy – Most of the key players were present, but action was nowhere to be seen at Gilroy Unified School District’s Board meeting Thursday night.
Anxious community members waited to hear if any action was taken by the school board in a closed session prior to the public meeting, which would have resulted in the release of the legal opinion the district’s lawyer regarding teacher participation in Day of Silence.
The Day of Silence is a nationally recognized civil rights demonstration students and teachers participate in by not speaking for one day. Their silence is symbolic of the oppression gay, lesbian and transsexual individuals feel every day.
Four Gilroy High School teachers participated April 13, stirring debate in the community as to whether teachers are allowed to participate in such events during instructional time.
“We will make a statement in the very near future – no later than Monday,” Board President T.J. Owens announced to the crowd of about 15.
GHS Principal Bob Bravo, Gay/Straight Alliance President Adrianna Zepeda, GHS math teacher and Day of Silence supporter Wayne Scott and Mark Zappa, a GHS parent adamantly opposed to teachers participating in such activities during classtime, were all on hand at the meeting.
Zappa questioned the board’s decision to withhold the legal decision from the public.
“I’m just curious that no action was taken,” he said. “Since the board is the client in the attorney–client relationship … this can be easily overcome by redacting (the clause).”
The district has refused to release the legal opinion, citing attorney–client privilege. The Dispatch filed a public records act request Thursday for the release of the documents.
Prior to the Day of Silence, GUSD Superintendent Edwin Diaz consulted the district’s lawyers to determine whether the board had legal authority to prevent GHS teachers from participating. The board unanimously opposed teacher participation in the protest because of they believed it interfered with educational instruction, but did not restrict teachers from participating because they were unclear if they could legally do so.
The legal opinion formed by the district’s attorney should help the board understand their limitations and expectations of enforcement in the future.
Owens said that the board was not ready to make a statement informing teachers what exactly they can and cannot do.
“We want to make sure we do it right so we don’t get caught up in a big lawsuit,” he said.
At the April 21 GUSD board meeting, Zappa invited representatives from both the Pacific Justice Institute (PJI) and the Alliance Defense Fund to offer their legal counsel to the board. Before Thursday’s meeting, Zappa remarked, “Tonight I’m not bringing the troops out.”
But he did not attend the meeting unarmed.
He read a letter to the board from Kevin T. Snider, Chief Counsel of the PJI, offering to represent the district free of charge should any members of the Gilroy Teachers Association (GTA) or the American Civil Liberties Union file suit against the board if they bar teachers from participating in future activities such as the Day of Silence.
There has been no indication from the GTA that a lawsuit will be filed if legal opinion decided that teachers can be banned from participating. However, some have consulted the ACLU about past lawsuits.
GSA advisor Sally Enriquez noted Monday that the most important development should be a revisit of the district’s current discrimination policies and additional sensitivity training for both teachers and students.
Earlier Thursday, both Diaz and Bravo met with students from the GSA where they discussed discrimination on the GHS campus and possible solutions. They will meet with the GSA again next Thursday.
And by then, a statement from the school board should be available.
