001All right, we're going to call the special board meeting of Tuesday, October 28th to order. Secretary, call the role, please. >> Valencia >> here. >> Johnson, >> here. >> Oliva >> here. >> Boreno, absent. >> He's here. >> He says here. >> Didn't say here. >> Not yet. Ryan, see you're here. >> All right. Public comments. We have none. All right. Before we uh discuss the um the resolution, I did have a statement that I wanted to make uh regarding um some of the things that have gone on. So let me let me read this out first. So the laws of the United States make it clear that the school district has a duty to provide educational services to all ch children residing within the district without regard to their race, color, creed, gender, national
002origin, or their immigration status. Any circumstances that interferes with the educational process is in direct conflict with the mission. During the course of this past week, without the authority of the district, the United States Immigration and Customs Enforcement Agency, ICE, entered onto district property for the purpose of conducting or staging operations having no connection with the administration of the educational interest of this district. The presence of these agents on district property was clearly disruptive and has created an obstacle to our ability to educate our children. No government agency has the authority to enter district facilities without the permission of this board or the district's administration, which this district has not given and cannot and will not give. The presence of ICE agents on district property creates uh creates a false and dangerous impression that somehow
003attending school, participating in school events or visiting or utilizing district facilities for the for any purpose or any or at any time will bring our students, parents, families or staff into contact with an agency having an interest in their immigration status which we are by law prohibited from considering. This impression is in direct and in perilious conflict with our ability to deliver services to all students on a fair and equal basis. To overcome the false impression that the events of this past weekend have created, we are tonight proposing and acting upon the upon adopting of a resolution that provides that the presence of ICE agents on school property is prohibited. The resolution directs the superintendent and his design to in the event ICE agents appear on district property demand that such agents leave immediately and
004that if agents refuse to leave, they will be considered to be trespassers who will be removed according to the process and law that applies to any trespasser. We are by law also prohibited from providing student information without court order and we will not do so. Additionally, the resolution makes it clear that the district will not give access to district facilities to ICE agents on the basis of administrative warrants issued under the provisions of US immigration laws. No access will be given unless the district is so ordered by a federal judge or magistrate. Before we act on this resolution, the superintendent can provide information on how directly this issue affects our ability to educate our children and why a resolution of this board is necessary. Dr. Halverson. >> Thank you, Board President Suentes and members of
005the school board. The district is charged with the responsibility of providing a free education to all school-aged children who live within our boundaries. We cannot live up to that responsibility when another government agency lands in force on our property to take people into custody. Whether a single agent or multiple members of a task force appear at our doorstep, an image is created that includes our facilities. That image then becomes a subject of a subjective message which in turn forms the basis of decisions made by our families of our students. It is clear that the events of this past weekend have had a direct adverse effect on our students. The number of students districtwide who reported for class on Monday after this incident were 256 fewer than the number in attendance on average for the previous
006week. In addition, the attendance rate at the school where the ICE interaction took place on Saturday, October 25th has decreased to 86.89%, which is historically approximately 6% lower than the yearly average for that site. Because of the widely disseminated reports about citizens of the United States being taken into custody during the course of ICE operations, the chill the presence of ICE agents at our facilities has upon the willingness of our students to attend class reaches all of our students, even those students with citizenship. Even for those who choose to come to school, there is in our buildings a pable anxiety about whether some operation may take place on our grounds that could result in a student's detention. We cannot ask our teachers and staff to work in the midst of this obvious distraction. The law
007is clear. We must educate every child in our district without regard to immigration status. We cannot do that unless we give our families assurance about our commitment to prevent to the best of our ability any interference with our efforts to provide a safe and welcoming educational environment. No government agency, let me repeat that, no government agency has a right to enter upon our property to conduct operations that are in conflict with this commitment. We have reviewed the legal precedents that clearly tell us what's what we must do and what we have the right to prohibit. What we must do and what we must prevent from occurring is reflected in the draft resolution that is before the board of education at this meeting. It directs me to prohibit any agent of ICE from entering onto our
008school property and to have them removed as trespassers if they refuse to leave. It also confirms that no entry can be gained by ICE on the basis of an administrative warrant and that unless we re we or we are otherwise directed by an order signed by a judge or magistrate, we will give no access to our information to or we will give no access to or information about our students. I am asking on behalf of our students that this resolution be adopted so that there is no misunderstanding about what our families can expect from the school board or my administration. Thank you. >> Thank you, Dr. Halverson. So, now on to um I have a motion to approve the resolution regarding the use of district facilities. >> So, move. >> Second. >> Hold on a
009second. I think we have to unless unless what you read was >> you have questions. >> I have questions. >> Yes. >> Thank you BA. Um I don't think anyone read the resolution to So when you say is there a motion like >> a minute to read it? >> Do you want a few seconds to read it or do you want >> No, I mean we have to read it out loud. No. >> No. Okay. Okay. >> Okay. So, >> so I move that we approve this resolution concerning the immigration enforcement actions on operations on East Toro School District 131 property. >> Do we have a second? I think we did that already. We already had our first and second. >> Thank you, Jud. >> Any other discussion on the resolution, >> Bernie? This is
010legal, the whole thing. When when I hear an administrative warrant, that that's we don't >> Yeah. So, administrative warrants are actually civil warrants that are um issued pursuant to the terms and provisions of the um uh Immigration and Nationality Act. Uh they do not they do they is all they do is they command the arrest of people. They do not allow any access. Um uh they they it is not a ticket to get into our facilities. >> And we have the legal right to keep >> we have the legal right to because we have uh um we are the um uh the keeper of this of these facilities. And we have the legal right to determine who enters and who does not enter. >> Okay. >> So if they have a regular search warrant, we
011have to let them in. >> Pardon me. >> If they have a regular search warrant, >> if they have a warrant, if they have a warrant with that is signed by a judge or magistrate of the federal court. Uh then it is going to be inspected by the superintendent and its design to determine the extent of whether or not it gives um access to our facilities or not. >> Okay. And that would have to be in the nature of a of a search warrant uh not necessarily just an arrest warrant. >> Okay. >> Sure. >> Email that goes out to all staff to inform them of all of this. Did I miss that? >> Nope, you did not miss it. Great question, Miss Valencia. Um, so the plan for communication, just when we look at
012the communication cadence, is we're going to have a principal Zoom meeting tomorrow at 9:15 a.m. so we can talk about it with all of our building leaders to reaffirm this. Um, there will be an email that will go out to all staff at approximately 9:45 a.m. And then there will be an email blast out to parents at 4 p.m. at the conclusion of the day tomorrow. So, we'll make sure that we follow that cadence um and communicate with all stakeholders effectively there. And just to kind of touch on what uh Mr. Ryer was uh talking about there. We have a uh due diligence to act in local apprentice at this time. Um so it's very important that we act in local apprentice in the best interest of our kids and if there was the protocols
013we've already established for their building administrators is if there is a warrant there that's issued by uh the judicial uh judicial system. They know that that warrant comes directly to the district office. So that is not a change in protocol. It's just formally adapting that and making sure that we also take a look at our facilities um as far as parking areas and things of that nature because that's the instant that we've had at one one site two different times now. >> I have a question. >> So, um since we're passing this, are we putting signs out because I know that's a big thing all over. Are we going to have like a special sign for them or is it just going to be a normal no trespassing sign? Because obviously if they show up
014there, oh, I don't see a sign. You know, the typical rule. So, we're going to put something specific specifying that um ICE agents aren't allowed there or what's the process? >> Great question, Mr. Random. We will put additional signs up. Um we had some signs that were put up recently at the district office because of some um interactions that have occurred in other districts recently. Um so, we have those signs up at the district office. They're temporary. We will be ordering additional signs for our facilities there. It will not specify ICE specifically, but it'll talk about the trespassing act and we'll be working with Mr. Wiler's office to make sure that we're up to speed as far from from a legal perspective there as well. And with regard to that the trespassing laws and the
015reason for the signs is that uh you have to give notice to people that they are trespassing that notice does not have to be given by sign. So these are facilities that are used uh uh and are occupied by people. So anytime that anybody sees someone who doesn't belong here, you give them notice that you do not belong here. And that's the same thing as if there was a sign. So um the signs are useful um but uh not necess you know you can't put a sign everywhere. So um but everybody who is part of the safety and security plan that uh you will be discussing later this evening uh will have that understanding that they must give that direction. Uh actually it goes to the superintendent. superintendent sends design who will be uh provided
016with information about specifically what to do. Uh also we um uh I have the I have a resource now uh to of uh from the uh US attorney's office who was involved in that incident. uh that I can then get um information about specifically who to talk to with ICE um to indicate that those operations are not to be conducted on school property and we'll explain to them why. Okay, this is this is all about our responsibility to serve the children who live in this district. And we're not going to not do that. And we're not going to let people uh be subject to an impression uh that somehow uh there's going to be some unrelated detention when they show up at school. So that's all this is about. >> Y Thank you. Any other
017discussion? All right. Secretary, call the roll, please. >> Yes. >> Johnson. >> Yes. >> All right. We're going to go into executive session for the purpose of discussing safety and security of school district property and the safety of students, personnel, and the public pursuant to five ALCS 120-52C8. >> So move. So move >> second. >> Um, secretary color, please. >> Yes. >> Valencia. >> Yes. >> Moreno. >> Yes. Oh, the motion sensor. >> All right. Motion to reconvene from executive session. >> The move. >> Second. >> Secretary, call the role, please. >> Yes. >> Johnson. >> Yes. Motion to adjurnn. The move. Second. >> Secretary to call the role, please. Yes. >> Yes. >> Moreno. >> Yes. >> Valencia. >> Yes.