Balde V. Alamedia Unified School District

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Kevin T. Snider, State Bar No. 170988 Matthew B. McReynolds, State Bar No. 234797 2 3 4 5 6

FFLE.

PACIFIC JUSTICE INSTITUTE

212 9th St., Ste. 208 Oakland, CA 94607 Tel. (510) 834-7232 Fax (916) 857-6902

ALAMEDA COUNTY AUG 1 `1.1 Z00.9 CLERK or MI5 Cirviirf

kevinsniderapacificiustice.org [email protected]

URT

ey.

Attorneys for Petitioners

7 8

SUPERIOR COURT OF THE STATE OF CALIFORNIA

9

COUNTY OF ALAMEDA

10 11 12 13 14 15 16 17 18 19 20 21 22

4 d 8 6 '3 7

) Case N t3 AISHA BALDE, JOLENE CHAN, TOMMY CHEUNG, DANIEL CHIN, ) HANFORD CHIU, RICHARD CLARK, ) ) VERIFIED PETITION FOR WRIT OF DIANE CLARK, MIKEL DEL ) MANDAMUS AND DECLARATORY ROSARIO, ARCHIE FELIX, J'AIME ) RELIEF FELIX, WENDY FONG, SUE FUNG, ) MARIA GUADALUPE GOMEZ, JUDY) JOHANSING, DANLIN LI, KERRI ) LONERGAN, MATT LONERGAN, ) ) LINDA MORGAN, JONATHAN ) STAIRS, and VICKI STAIRS, ) Petitioners, ) v. ) ) ) Date: ALAMEDAUNIFIED SCHOOL ) Time: DISTRICT, KIRSTEN VITAL, ) Dept.: SUPERINTENDENT, in her official S Hon.: capacity. ) ) Respondents. )

Introduction

23 24

Petitioners apply for an issuance of a writ of mandate under Cal. Civ. Proc. Code § 1085

25

to require Respondent to excuse students, upon written request of the parent or guardian, from that

26

portion of Safe School Community Curriculum that conflict with their religious training and beliefs

27

and personal moral convictions as per section 51240 of the California Education Code.

28 Verified Petition for Writ of Mandamus -I-

• Parties

1 2

1.

Petitioner, AISHA BALDE, is a parent of children who will be enrolled in a school

3

which is under the jurisdiction of the Alameda Unified School District ("AUSD") during the

4

2009-2010 school year.

5

2.

Petitioners, JOLENE CHAN and TOMMY CHEUNG, are the parents of a child

6

who will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010

7

school year. As parents of said child, they file this petition jointly.

8 9 10 11 12 13 14

3.

Petitioner, DANIEL CHIN, is the parent of a child who will be enrolled in a school

which is under the jurisdiction of AUSD during the 2009-2010 school year. 4.

Petitioner, HANFORD CHILI, is the parent of children who will be enrolled in a

school which is under the jurisdiction of AUSD during the 2009-2010 school year. 5.

Petitioner, JUDY JOHANSING, is the parent of a child who will be enrolled in a

school which is under the jurisdiction of AUSD during the 2009-2010 school year. 6.

Petitioners, ARCHIE FELIX and J'AIME FELIX are the parents of a child who

15

will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school

16

year. As parents of said child, they file this petition jointly.

17

7.

Petitioners, RICHARD CLARK and DIANE CLARK are the parents of a child

18

who will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010

19

school year. As parents of said child, they file this petition jointly.

20

8.

Petitioners, ARCHIE FELIX and J'AIME are the parents of children who will be

21

enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school year.

22

As parents of said children, they file this petition jointly.

23 24 25 26 27

9.

Petitioner, MARIA GUADALUPE GOMEZ, is the parent of a child who will be

enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school year. 10.

Petitioner; MIKEL DEL ROSARIO, is the parent of a child who will be enrolled in

a school which is under the jurisdiction of AUSD during the 2009-2010 school year. 11.

Petitioner, WENDY FONG, is the parent of a child who will be enrolled in a schoo l

28 Verified Petition for Writ of Mandamus

1

which is under the jurisdiction of AUSD during the 2009-2010 school year. 12.

2

Petitioners, DANLIN LI and SUE FLING, is the parent ofa child who will be

3

enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school year.

4

As parents of said children, they file this petition jointly. 13.

5

Petitioners, KERRI LONERGAN and MATT LONERGAN ARCHIE FELIX and

6

J'AIME are the parents of children who will be enrolled in a school which is under the

7

jurisdiction of AUSD during the 2009-2010 school year. As parents of said children, they file this

8

petition jointly. 14.

9 10

Petitioner, LINDA MORGAN, is the parent of children who will be enrolled in a

school which is under the jurisdiction of AUSD during the 2009-2010 school year. 15.

11

Petitioners, JONATHAN STARS, and VICKI STAIRS are the parents of children

12

who will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010

13

school year. As parents of said children, they file this petition jointly. 16.

14

Respondent Alameda Unified School Disltict is a unified school district as defined

15

under Education Code §83 and is a school established pursuant to Article IX, §6, of the California

16

Constitution. 17.

17 18 19 20

Respondent, KIRSTEN VITAL ("Superintendent Vital") is the Superintendent of

AUSD, is an employee of AUSD and serves as AUSD's chief executive officer whose duties include the implementation of AUSD curriculum in accordance with the California Education Code.

21 Jurisdiction and Venue

22 23 24 25 26 27

18.

This action arises under Cal. Civ. Proc. Code § 1085.

19.

Venue is proper in this Court because the principle place of business of the

Respondent is in Alameda County and the actions complained of occurred within this county. Statement of Facts 20.

On May 26, 2009, the AUSD Board of Education adopted the Safe School

28 Verified Petition for Writ of Mandamus

1

Community Curriculum — Lesson 9, also know as the Caring School Community supplement,

2

Lesson 9, for the 2009-2010 school year. (For ease of reference the curriculum will be referred to

3

as "Lesson 9"). The purported purpose of the curriculum is to teach safety and tolerance in the

4

classroom A true and correct copy of the relevant portion of the approved curriculum is attached and marked as Exhibit 1). At issue is what the school has identified as Lesson 9: Lesbian, Gay,

6 7

Bisexual, Transgender ("LGBT") instruction. 21.

The grades K-2 portion of the Lesson 9 curriculum begins with instructions on how

8

to teach students about what makes other students feel welcome in a new school. (Exhibit 1, pg

9

62). However, by grades K-3 the lesson soon moves on to a discussion about what constitutes a

10 11

family. (Exhibit 1, pg. 65). 22.

The stated objectives for the K-3 portion of the curriculum are for students to be

12

able to 1) "identify what makes a family" 2) "identify and describe a variety of families" and 3)

13

"understand that families have some similarities and some differences." (Exhibit 1, pg 65).

14

Students are also asked to learn "what family members give or share with one another" and the

15

responsibilities various family members have within their families. (Exhibit 1, pg. 66).

16 17 18 19 20 21 22 23

23.

follow. In grades 1- 3, students are asked to discuss different family structures with particular care to be "inclusive of gay and lesbian parents." (Exhibit 1, pg.68) Students are then required to read, And Tango Makes Three, a book about two male Chinstrap Penguins who "fall in love and with the help of their keeper, Mr. Gramzay, become fathers to Tango (another male penguin)." The curriculum states that this book is required reading in order to illustrate to students the "beauty of diverse families." (Exhibit 1, pg. 68). Throughout all of this, students are asked to remember that "every person gets to decide who their family is" (Exhibit 1, pg. 67). 24.

25 26 27

The objectives of the K-3 lessons are expanded upon in the grades 1-3 lessons that

Petitioners' religious training and beliefs and personal moral beliefs are

inconsistent with the curriculum's instruction on the characteristics of families. As such, the current curriculum would serve to undermine Petitioners' ability to provide moral and religious training to their children according to their own beliefs. As a result, Petitioners provided written

28 Verified Petition for rit of Mandamus

1

notification to the Respondents pursuant to section 51240 of the California Education Code

2

requesting to be excused from Lesson 9. Section 51240 of the Education Code which states in full

3

as follows:

4 5 6 7 8 9

"(a) If any part of a school's instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the • pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs. (b) For purposes of this section, "religious training and beliefs" includes personal moral convictions." A true and correct copy of Petitioners' requests are attached and marked as "Exhibit 2." 25.

The attorney for Petitioners sent a letter to the Superintendent of AUSD,

10

Respondent Kirsten Vital, in which the Respondents were notified that Lesson 9 falls under the

11

Health Education Content Standards for California Public Schools, Kindergarten Through Grade

12

Twelve's definition of Health studies. Because Lesson 9 constitutes instruction that conflicts with

13

Petitioners' religious training and beliefs and personal moral convictions, Petitioners were entitled

14

to have their children excused from classes in which the above mentioned materials would be

15

covered. (A true and correct copy of said letter is attached and marked as "Exhibit 3").

16

26.

AUSD has responded by letter from Superintendent Vital in which the request to be

17

excused has been denied. Respondents have refused and continue to refuse to comply with the

18

mandate of the statute. (A true and c,on-ect copy of the letters received is attached and marked as

19

"Exhibit 4").

20

27.

21

"On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option."

22 23 24 25 26

The letter states in pertinent part as follows:

28.

In their letter, Respondents have not contested Petitioners' position that esson 9

falls within the scope of Health Education. 29.

Petitioners' letters stated that if e request to opt their children out of Lesson 9 was

27 28 Verified Petition for Writ of Mandamus

-5-

I

denied, that AUSD was to "provide a complete description, including forms or other written

2

materials, for exhausting administrative remedies." Said request for written materials was made

3

under the California Public Records Act (Gov. Code. § 6250, et seq.) In that no description or

4

forms for exhausting administrative remedies was provided, Petitioners have exhausted their

5

administrative remedies. In the alternative, because the Respondents have failed to assert that any

6

administrative remedies are available, Respondents have either waived this procedure or have

7

determined that this procedure would be meaningless.

8 FIRST CAUSE OF ACTION FOR WRIT OF MANDAMUS

9 10 30. 12 13

The foregoing paragraphs 1-29 are incorporated herein by reference as though fully

set forth. 31.

Lesson 9 includes instruction that involves health education. As such, pursuant to

14

section 51240 of the California Education Code, parents have the right, upon written request, to

15

have their children excused from the parts of the Safe School Community Curriculum that conflict

16 17 18 19 20 21 22 23 24 25 26 27

with Petitioners' religious training and beliefs and personal moral convictions. 32.

Petitioners have submitted the required written requests to have their children

removed from the LGBT instruction within Safe School Community Curriculum that conflict with their religious training and moral convictions and personal moral convictions. 33.

Petitioners are beneficially interested in having AUSD comply with section 51240

of the California Education Code. 34.

Respondents, and each of them, have refused to comply

oners' request in

violation of section 51240 of the California Education Code. 35.

Respondents have the ability to comply with Petitioners' request.

36.

Petitioners petition this Court to issue a writ of mandamus, requiring Respondents

to comply with Petitioners' written requests and excuse Petitioners' children from the parts of the Safe School Community Curriculum that conflict with their religious training and beliefs or

28 Verified Petition for Writ of Mandamus

• 1 2

persOnal moral convictions. 37.

The issuance of the writ is indispensable to the enforcement of the Petitioners' right

3

in that Petitioners have no plain, speedy, or adequate remedy in the ordinary course of law

4

whereby their rights can be upheld or whereby Respondents can be compelled to comply with

5

Section 51240. If the relief sought by this petition is not granted, great and irreparable injury will

6

be caused to Petitioners.

7 PRAYER

8 9 10

WHEREFORE, Petitioners therefore request relief as follows: 1.

That the Court issue an alternative Writ of Mandamus commanding Respondents to

11

comply with Cal.Educ.Code § 51240 or to show cause before this Court, at a time specified by

12

Court order, why it has not done so and why a peremptory writ should not issue;

13

2.

That, on the return of the alternative writ and the hearing of this Petition, this Court

14

issue its peremptory Writ of Mandamus commanding Respondent to excuse students, upon written

15

request of the parent or guardian, from the parts of Safe School Community Curriculum that

16

conflict with their religious training and beliefs, including personal moral convictions.

17

3.

For reasonable attorney fees;

18

4.

For taxable costs of suit incurred herein;

19 20 21 22 23 24 25 26 27

5. For such other and further relief as the Court deems just and proper. Dated: August 11, 2009 By Kevin T. Snider Matthew B. McReynolds PACIFIC JUSTICE INSTITUTE

212 9th St., Ste. 208 Oakland, CA 94607 Tel. (510) 834-7232 Fax (916) 857-6902 [email protected] mattmcreynoldsapacificjustice.org Attorneys for Petitioners

28 Verified Petition for Writ of Mandamus

From

DR. DANIEL CHIN, OPTOMETOT

Aug.

PHONE No. : 510 523 1344

11

2009 1 • 58PM P01

VE RIFICATiON

11

2

)8v e (,)

3 4

,

:4111

One Of the Petitioners

mailer. I have read the VERIFIED PETITION FOR WRIT Ol e MANDAMUS AND 1.ARATORY RULJLW and am familiar with wan% The

6 7

in the above-captioned

contents RTC: true and nectarine and

known to me by personal knowledge except for those Mutters asserted on information and belief, AN to

those matters, I believe them to be true.

8 I declare under penalty of perjury, under the laws of the State of California, that the

9

foregoing is true and 11

City of

coned.

EXCOACC.1 this

‘i

day of 11/407 , 2009, in the County of Mauled;

kpimeota„,, , Suite of Califinnia,

12 13 14 15 16 17 IR 9 20 71

22 23 2.4

26 77 28 Writiod Petition for Will of Mondoinui:

-510 a 521 5997

G&L PLUMBING.

p.1

VERIFICATION 2 3

I/16N Ft t-W4Ifil t-

,

am one of the Petitioners in the above-captioned

4

matter. I have read the VERIFIED PETITION FOR WRIT OF MANDAMUS AND

5

DECLARATORY RELIEF and am familiar with same. The contents are true and accurate and

6

known to me by personal knowledge except for those matters asserted on information and belief.

7

As to those matters, I believe them to be true.

8 9 10 11

I declare wider penalty of perjury, under the laws of the State of California, that the foregoing is ITue and correct. Executed this Al day oftjwt,2009, in thpCöinty of Alameda, P it / City o ye-,;,(xe /a , State of California.

12 13

Petitioner

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Verified Petition for Writ of Mandamus

VERIFICATION

1 2 3

I, Jonathan H. Stairs, am one of the Petitioners in the above-captioned matter. I have read

4

the VERIFIED PETITION FOR WRIT OF MANDAMUS AND DECLARATORY RELIEF and

5

am familiar with same. The contents are true and accurate and known to me by personal

6

knowledge except for those matters asserted on infonuation and belief. As to those matters, I

7

believe them to be true.

8 9 10 11 12

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 10 th day of August 2009, in the County of Hardin, City of Savannah, State of Tennessee where I am attending training. My residence continues to be in the County of Alameda, City of Alameda, State of California.

13 14 15 16 17

Petitioner

18 19 20 21 22 23 24 25 26 27 28 Verified Petition for Writ of an us

-a-

Lesson 1:

•Paps&

A WELCOMING CLASSROOM Grades K-2

01,70. Students in the film talked aBout how negative references about 1GBT people are used as put-downs from early elementary school through middle schooi. The teachers highlighted in the film set a tone where such put-downs are not acceptable and where conversations about LW people could happen in an atmosphere of respect. The following lesson, excerpted with permission from the Welcoming Schools Guide (2007), a publication of the Human Rights Campaign Foundation's Family Project is a good introductory lesson to help students understand what makes people feel welcome and the effect of hurtful teasing, name-calling and exclusion.

Froth The Film "I think the neat thing about this issue is that its already there—its

Goals • To create a more welcoming classroom. • Students will understand what makes them and other children feel welcome or unwelcome in school.

already in the classrooms. The kids are already thinking about it. There's ways to

Objectives

just start it off with [talking about) name

• Students will listen to the story The New Girl...and Me and talk about feelings.

calling, with a book, with talking about famous gay and lesbian people. There's ways that are pretty standard, elementary curriculum across this country, which, with a little inventiveness and a little risk,

• Students will apply that discussion to their own experiences. • Students will be able to give examples of what makes them feel welcome or unwelcome in school.

you can start going on." —Daithl Wolfe, third-grade teacher in It's Elementary

Time Required One 45-minute session or tWo 30-minute sessions.

Materials Chart paper and markers, drawing paper, markers or crayons for drawing, pencils.

Required Books The New Girl...and Me by Jacqui Robbins, illustrations by Matt Phelan (Antheneum Books for Young Readers, 2006). Two girls become friends when Shakeeta boasts that she has an iguana named lgabelle at home and Mia learns how to help Shakeeta "feel at home."

Page 62

et: Elementary

ACTIVITY 1:

Defining "welcome" and "unwelcome"

• Talk with your students about what the words "welcome" and "unwelcome' mean. You may choose to ask the students what they think "welcome" and "unwelcome" mean or you may give the student a definition of the words.

Welcome: When you feel good/comfortable about where you are and the people you are with.

Unwelcome: When you do not feel good/comfortable about where you are or the people you are with. The teacher in the book The New Girl...and Me uses the phrase "make her feel at home." You may want to say that the phrase, "Make her feel at home" means the same thing as make her feel welcome. • .Read the book The New Girt ..andMe. • After reading the book initiate a discussion by asking your students: » Has anyone ever seen an iguana? What did it look like? What did it eat? 3)

What did Di do or say that made Shakeeta feel unwelcome or "not at home?

» When DJ told Shakeeta that she looked like an iguana, what did other people in the class do? » How do you think Shakeeta felt when children in her class laughed at al's comment? » What did Mia do that helped Shakeeta feel welcome? » How do you think mia felt after she talked to Shakeeta? • Ask the students to give examples of when they feel unwelcome. Prompt them to include what makes them feel unwelcome at school. Prompt them to include name-calling and hurtful teasing if they do not bring it up. Record their responses on a chart entitled I Fee/ Unwelcome When... • Review the chart together, then read some of the responses aloud, and ask your students, "What does It feel like when you feel unwelcome?" You can prompt them to think more about how it feels by using some of the examples that are on the chart. For example, you can say, "How does it feel when someone calls you a name?" • Next, ask the students to give examples of when they feel welcome. Prompt them to include what other students, teachers and administrators do that helps them feel welcome. Record their responses on a chart entitled I Feel Welcome When... 4

• Review the chart together, read some of the responses, then ask your students, "What does it feel like when you feel welcome?"

Ws Elementary

Page 63

ACTIVITY 2: Student Responses • Using the writing prompt "1 can help others Feel welcome by..." have students draw a welcoming picture and write a response. • Display the pictures around the room or in the hall near your classroom OR turn the responses into a class book.

From The Film • "I don't think that Ws

TEACHING NOTES

appropriate that values on' be taught at home. There are social values as well. There are community values. And Mien you allow a child on a playground to hurl an insult at another child Or to say, 'your mom is queer or to say those sorts of things without addressing the issues is I think unconscionable. What's the message the child gets? The child gets the message, 'my teachers would step In if it was wrong, my teachers would—they know, my teachers would do something." —Woody Price, headmaster, in It's Elementary

Mod if ications If needed, arrange to take dictation from individual students. • Other suggested books to read: Chrysanthemum by Kevin Henkes (1991), Oliver Button is a Sissy by Tomie dePaola (1979) or The Sissy Duckling by Harvey Fierstein (20021.,

Extension Activities Community Building Brainstorm with your students what could make their classroom and school feel more welcoming. From this list, have the students pick an action that they could take. Make a plan and carry h out.

Welcoming Classroom Chart Label a piece of chart paper, "Our Welcoming Classroom" and post it on the wall. When you notice students doing something to make a more welcoming classroom, add their name and what they did to the chart

Credit This lesson is based on some ideas from I Feel WeicometUnweicome In: Froschl, merle, and Barbara Sprung. and Nancy Mullinaindler with Nan Stein and Nancy Grouper. Quit It?: A Teacher's Guide on Teaiing and Bullying for Use with Students in Grades K-3. Educational Equity Concepts, Inc., Wellesley College Center for Research on Women, NEA Professional Library, 1998,

Fmgc..- Cal

Eir.r.: Emmen

Lesson t

GAY AND LESBIAN PARENTS AND GUARDIANS IN CHILDREN'S LITERATURE tb.ades Ilt^3 giA:t In the film, first- and second-grade teachers read the book Asha's Mums to their students. The book is about a girl who does not know what to do when her teacher does not believe that she has two mothers. Class discussions following the reading of the book touch on themes of empathy and friendship as well as family diversity. Teaching about families is usually part of the curriculum in early elementary school grades. The following lesson plan, adapted from the Welcoming Schools Guide (2007). a publication of the Human Rights Campaign Foundation's Family Project provides a model to teach children's literature that is inclusive of same-sex families.

Goal

• Students will see that the common bond that holds all kinds of healthy families together is love and caring.

Objectives

• Students will be able to identify what makes a family. • Students will be able to identify and describe a variety of families. • Students will understand that families have some similarities and some differences.

Time Required

One 45-minute session or two 30-minute sessions.

Materials

Chart paper and markers.

Required Books (Choose one of the following books.)

by Robert Skutch, illustrations by L. Nelnhaus (Tricycle Press, 1995). This picture book has many different examples of families film the human and animal world. Simple language and pictures work well for 'younger students. Who's in a Family?

It's Elementary

Page 65

.Ali Families are Special by Norma Simon, illustrations by Teresa Flavin (Albert Whitman & Company, 2003). A teacher who is going to be a grandmother leads a class In an engaging conversation about families. Children share stories about their families, addressing adoption, extended families, single parents, lesbian and gay parents, immigrant families and more.

ACTIVITY 1: Before Reading the Book

Label a piece of chart paper, "What do we know about families?" Ask the class the following questions and record their answers on the paper. • What do we know about families? •, Who is in a family? • What do family members give or share with each other? • What responsibilities do family members have?

ACTIVITY 2: Introduce the Book Before reading the book you have chosen for this lesson plan, ask children to pay attention to the kinds of families that are shown in the book. Tell them you want to see how many different kinds of families we can find In this book. As you teed, pause after each family and ask questions such as, "What do you see in this picture?" or 'Who's in this family?"

ACTIVITY 3: After Reading the Book Review the students' answers to the question, "What do we know about families?" Then review all the different kinds of families that were in the book. Ask them what they have learned about families from today's class.

Page 66

Ciementary

• TEACHING NOTES Responding to Student Assumptions While recording and responding to students' comments it is important to affirm children's experiences and also provide a lens through which they can see outside their own experiences. If, as in one of the classrooms shown in It's Elementary, a student says that a family is made up of a mother, a father and two children you can acknowledge that some families look like this, but also ask students for other examples of what a family can look like. When students are speaking about their own families, it can be helpful to let them know that "every person gets to decide who their family is.' They may decide that their family includes a pet, a cousin who lives elsewhere, or a neighbor.

Modifications This activity can be modified for younger students by drawing picture symbols or using magazine cut outs of family members. For example, if a student says that her family consists of a parent, a grandparent and a brother, you can draw a representation of this family. Credit This lessen was excerpted with permission from the Welcoming Schools Guide (2007), a publication of the Human Right Campaign Foundation's Family Project.

tr

It's Elementary

Page 67

Lesson 3:

Proposed

AND TANGO MAIMS THREE,

Grades 1-3

BnininaningEMEMEn In the film, a third-grade student named Emily reads aloud an essay she wrote about her two moms for a Mothers Day writing contest. She shares her experience of another child not being able to come to her house because her moms are lesbian, She talks about having many kids in her class supporting her and how proud she is ot her moms. Also in the film, after listening to the book Asha's Mums, a little girl asks her teacher, "Do you believe I have two moms?" When the teacher responds that she does believe her; you can visibly see how happy that makes the little girl. Many teachers In the primary grades regularly read out loud to the class to introduce new concepts and build vocabulary Classroom discussions of gayand lesbian-headed households help students explore the attributes of healthy families as they learn more about different family structures. One book that lends itself to this dual discussion is the award-winning And Tango Makes Three. The book is based on a true story about two male Chinstrap penguins, Roy and Silo, who fall in love and with the help of their keeper, Mr. Gramzay, become fathers to Tango. This is a wonderful story that illustrates the beauty of diverse families.

Goals • Students will be able to discuss different family structures inclusive of gay and lesbian parents. • Students will Identify the shared attributes of healthy families.

Objectives • Discuss different family structures inclusive of gay and lesbian parents. • Identify and discuss basic human needs. • Understand key vocabulary words that pertain to human needs. • Utilize key vocabulary in writing and verbal expression.

Time Required Three 30-minute sessions.

Materials Construction paper, pencils, lined handwriting paper, stapler and crayons.

Required Book And Tango Makes Three by Justin Richardson and Peter Parnell, illustrations by Henry Cole (Simon & Schuster Books For Young Readers, 2005). At New Page 68

Ft's Cismentary

York City's Central Park Zoo, two male penguins fall in love and start a family by taking turns sitting on an abandoned egg until it hatches.

Teaching Tip Before you begin this lesson prepare a poster or bulletin board display that includes the vocabulary lists that will be introduced throughout the lesson (see below). It might be helpful to print the vocabulary words on index cards that are laminated for durability. Attach a small piece of velcro on the back of each card and on the poster/bulletin board to allow for ease in displaying and sharing with students. Create packets of writing paper that includes ten sheets each. These packets will become the content pages of the student family Journals you will create during Activity 3.

ACTIVITY 1: Taking Care of Self and Others Open up a conversation with student about what all parents or caregivers need to do in order to take care of a baby. You might begin by usinb some of the prompts below. Structure your brainstorm by creating a list of different animals and ask students what they think each requires (needs) In order to survive. Record student responses on a piece of chart paper. Circle or underline • Items that are the same for different animals.



Suggested Prompts

Human: baby Load, milk, water air, warm shelter, a home, and clothes... Puppy: puppy 1th puppy milk, water, gjç,. a warm and dry place to live... Fish: fish food, worms or 'other fish to eat, water (salt or fresh), a certain • temperature, sometimes coral or rocks to hide from predators... Turtle: turtle food, west sometimes sunlight or a heating rock to keep them at the right tea . Bird: „air, a warm nest, bird food... Let students know that even if a baby has all the necessary basic needs to live, they will need care and love to thrive.

Basic Needs Vocabulary

care live warmth air/oxygen food/milk

Ws Elementary

grow water shelter temperature caretakers

a

Page 69

• In closing the lesson ask students if there are other things that people and animals need to survive and grow. Explore the following questions with them: • How do you feel when someone takes care of you? • Does it make you happy when someone takes care of you?

• Have you ever helped to take care of a pet? • Have you ever helped to take care of a baby?

ACTIVITY 2: And Tango Makes Three Before you begin the story ask students some exploratory questions and review the vocabulary from Activity 1. Some suggested questions: • Has anyone here been to a zoo? • What did you see there? • How did the zoo care for the animals? • Where any of the animals in families?

• What is a family? • What do all families have in common?

Teaching Tip

Read And "Ingo Makes Three. After the story is over ask the students what they liked best about the story. After a brief discussion, tell the students that thy are going to talk about the kind of family that Tango was part of in this story. Explore student responses to the following questions:

Provide some photos of

• How were Roy and Silo like other penguin couples?

baby animals for students

• Why do you think Roy and Silo built a nest?

to look at or bring some

stuffed animals or figures to class and pass them around for those learners who need a more hands-on experience.

• How were Roy and Silo like other penguin parents? Roy and Silo are male penguins. What do you think about them being parents? • -Why did the zookeeper think Roy and Silo were in love? • Were Roy and Silo a "couple?" • Were Roy and Silo good parents? Why do you think they were good parents? • What do we call parents who are of the same sex? (suggested language: gay, lesbian) • What kind of needs did Tango have? In closing your discussion explain that what is most important in a family is not who makes up the family but how the family cares for and loves each other just like Roy and Silo's family.

Page 70

WI Elementary

Sense of Love Vocabulary "in love" love couple thrive gay partner belong lesbian family caretaker

Suggested Definitions of Love • A deep, tender feeling of care toward a person. • An intense emotional attachment, as for a pet or treasured object. • When a person wants to care for another person with all their heart.

Activity 3: Writing and Using New Vocabulary Distribute the packets of paper prepared in advance. Allow students to choose two pieces of construction paper. Using their crayons, have students create a cover for their journal that includes a picture of Roy and Silo's family. Circulate around the room attaching the covers to the packets with a stapler. Ask students to write a paragraph (or sentences) about Roy and Silo on the first page of their family journals.

Teaching Tip You may create a checklist for your student, which will differ according to grade level. • Did you use complete sentences? (subject/predicate) • Did you use the correct punctuation? (periods, question marks, commas...) • Did you use capital letters in the right places? • Did you use at least three new vocabulary words?

After students have finished their first entry on Roy and Silo have them write a story about their family on the second page. The journal can be revisited over the course of two weeks, allowing students to write a new entry each day about how they are cared for by their family, how they care for others In their family, or how they see other animals care for their offspring.

Credit: This lesson was reprinted with permission from the San Francisco Unified School District, School Health Programs Department.

*Es Elementary

Page 71

• Daniel Chin 315 Sweet Road Alameda, CA 94502 (510) 865-1608 drdchin@sbcglobatnet

June 13, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, My name is Daniel Chin, and I am the parent of Natalee Chin who is enrolled in the Alameda Unified School District. Natalee will be entering kindergarten at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that! am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. •This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

Daniel Chin cc. K. Snider, Pacific Justice Institute

uCct_



.510 521 5997

IP

Malt and Kerr! Lonergan 3214 Liberty Avenue Alameda, CA 94501 (510)522-7889 mklonergan@alamedanetnet

June 14, 2009 Kirsten Vital, Superintendent

ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926

Re: Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction Dear Superintendent Vital, My name is Kerni Lonergan and lam the parent of children who are enrolled in the Alameda Unified School District. My children, Liam James Lonergan and Niamh Kathleen Lonergan will be entering 4th grade at the start of the 200912010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my children out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal morn! convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my children's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my children's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely, — a ;Km, cit.(221:Warkz Kerii Lonergan cc. K. Snider, Pacific Justice Institute

Archie and J'aime Felix 1160 Old Alameda Point (510)522-7686 [email protected] June 14, 2009 Kirsten Vital, Superintendent Alameda Unified School District 2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, My name is J'aime Felix, and I am the parent of a child who is enrolled in the Alameda Unified School District. My child, Keilani Felix, will be entering 3rd grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

J'aime Felix cc. K. Snider, Pacific Justice Institute

Judy Johansing 2926 Lincoln Avenue Alameda, CA 94501 (510) 523-1486 timegone®sbcglobal.net

June 15, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 it LGBT Instruction Dear Superintendent Vital, My name is Judy Johansing and I am the parent of a child who is enrolled in the Alameda Unified School District. My child, Benjamin Johansing will be entering 4th grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's class for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's class. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

Judy Johansing cc. K. Snider, Pacific Justice Institute

Jun 25 09 09:52a

muss beide



510-50479

p.1

Maria Guadalupe V. Gems c/o 1021 Santa Inez Cunt, Oakland, CA 94601 (510)303-0046

June 16, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SalOOL DESTRICT 2200 Central Avenue . Alameda, CA. 94501 Fax: (510) 522-6926 Be: Notice to Opt-Ord of Safe School CommUnity

LeSSCM

9 re LGBT lnstnzclinn

Dear Superintendent Vital, My name is made Gnadalupe V. Gruner, and lain Me parditt of Pricilla Gomez who is enrolled in the Alameda Unified School District My daughter Pricilla, Cibmez will be entering 6 grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instxuctioA that involves health r d ergtion. As such, pursuant to section 51240 of the California Education Codri , this letter will serve as mitten notice that! 8M opting my child out of said instruction. The WET portion of the instntetion conflict): with both my religions training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten 00) days, as to whether the District will honor this request. Knot, please provide a complete description, including forms or other viritien materials, for exhausting administrative remedies. This ruttiest is made under the Ctdifornia Public Records Act (Gov_ Code §6250, et seq.). In addition, kindly provide the dates mid times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end 1 requ test that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under th4 CPRA. Please be advised that, ifnecessary, appropriate legal options under Gay. Code *6258, et seq.; (injunctive„ declaratory, writ relief; costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for domunents under the CPRA. Sincerely "A? fate II V , cc. K. Snider, Pacific Justice Institute

Hanford J. Chin 204 Sheffield Road 510-814-7252 [email protected]

June 19, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, My name is Hanford Chiu, and I am the parent of children who are enrolled in the Alameda Unified School District. My children, Joshua and Daniel, will be entering the 4 th and 2mi grades at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my children out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my children's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my children's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. .

older. Pac

ice Institute

Mikel Del Rosario 224 Inverness Court (510) 217 8266 mikeldelrosario®gmail.com

June 19, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Pax: (530) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 re LOBT Instruction Dear Superintendent Vital, My name is Mike! Del Rosario, and I am the parent of Josiah Del Rosario who is enrolled in the Alameda Unified School District. My child will be entering kindergarten at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gm Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in Josiah's classes for the 2009/2010 school year. To this end, I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in Josiah's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA.

cc. K. Snider, Pacific Justice Institute

Richard & Diane Clark 10 Sable Pointe Alameda, CA 94502 510-864-8479 rclark94502©yahoo.com June 20, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, We are Richard and Diane Clark and are the parents of Dillon Clark who is enrolled in the Alameda Unified School District. Dillon will be entering kindergarten at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end! request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my [child's/children's] classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Since

cc. K. Snider, Pacific Justice Institute

d&A._

Richard & Diane Clark 10 Sable Pointe Alameda, CA 94502 510-864-8479 [email protected] June 20, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, We are Richard and Diane Clark and are the parents of Dillon Clark who is enrolled in the Alameda Unified School District. Dillon will be entering kindergarten at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts iwith both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my [child's/children's] classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Since

cc. K. Snider, Pacific Justice Institute

/€0 ditat.

Jun 22 09 02:01p

muss beide



510- •79

P.1

IRENE BALDE' 737 Eagle Avenue #I) Alameda, CA 94501 (510)865-2649

(A1ESRA)

June 22, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT 2200 Central Avenue Alameda, CA, 94501 Fax: (510)522-6926 Re: Notice to Opt-Out of Safe School Comninnity Lesson 9 re LOST Instruction Dear Superintendent Vital, My name is Aleshe Beide, and I am the parent of Tamba, Ibrahim & Maryama Bald& who are enrolled in the Alameda Unified School District Ibrahim will be entering 6th grade, Maryama will be entering 4°' grade and Tanta will be entering 10th grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my Maryama Battle' out of said instruction. The LGET portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative =Medics. This request is made underthe California Public Records Act (Gov. Code §6250, at seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request-that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, at seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely, e Mesita Balde'

cc. K. Snider, Pacific Justice Institute

06/26/2009 09:22

51062430001

SEAGATE

PAGE 01/01

Tommytheung & Jolene Chan 250 Ratto Road, Alameda, CA 94502 510-522-1618 jolc21@hotmailocom

6/25/09 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 re LOBE Instruction Dear Superintendent Vital,

My name is Tommy Cheung and Jolene Chan, and 1 am The parent of a child who is enrolled in the Alameda Unified School District Our son, Jared Cheung„ will be entering 2 nd grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LOST portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gm. Code 0250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end 1 request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my [ehild's/childten's] classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under The CPRA. H e „Sir e_ot Tommy Cheung & Jol Chas cc. K. Snider, Pacific Justice Institute

Jul. 2:09 11:48

WENDY F

T

RDS

FAX

1-51

9-8105

Wendy Fong 8 Ferro Ct. 510-769-8105 wendyfl 5(gyahoo.com

July 2, 2009 Kitten Vital, Superintendent ALAMEDA UNIFIED SCHOOL D/STRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 to LOW Instruction Dear Superintendent Vita, My name is Wendy Fong, and! am the parent of children who are enrolled in the Alameda Unified School District. Kendall will be entering 4th grade and Mitchell will be entering 2m grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my children out of said instruction. The LGET portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions Please provide written notification, no later than ten (10) days, as to whether The District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies, This request is made under the California Public Records Act (Gov. Code 0250, at seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my children's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my children's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with This request for documents under the CPRA.

Sincerely,

. K. *de , self° Justice Institute cel15..

P. 1

Jonathan Stairs

1724 Broadway Alameda, CA 94501 510-865-2725 [email protected] July 12, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re:

Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction

Dear Superintendent Vital, My name is Jonathan Stairs and 1 am the parent of Harrison Stairs who is enrolled in the Alameda Unified School District. My child will be entering 4 th grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LGBT portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request that the District provide any and all "Writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

cc. K. Snider, Pacific Justice institute

Vicki Stairs 1724 Broadway (510) 865-2725 [email protected] July 12, 2009 Kirsten Vital, Superintendent Dinkier 2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 ALAMEDA UNIFIED SCHOOL

Re: Notice to Opt-Out of Safe School Community Lesion 9 re LGBT Instruction Dear Superintendent Vital, My name is Vicki Stairs and I am the parent of Harrison Stairs who is enrolled in the Alameda Unified School District. My son, Harrison, will be entering fourth grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction. The LOST portion of the instruction conflicts with my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my child's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my child's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov, Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely

Vicki Stairs cc. K. Snider, Pacific Justide Institute

Aug. 3 '09 16:31 •

WENDY FtEVENTSSCARDS

FAX 1-

9-8105 05

Dentin Li and Sue Fang 3424 Solomon Ln Alameda, CA 94502 510-769-6507 [email protected]

July 20, 2009

Kirsten Vital, Superintendent ALA1VIEDA UNIFIED SCHOOL DISTRIC7'

2200 Central Avenue Alameda, CA. 94501 Fax: (510) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 re Wilt Instruction Dear Superintendent Vital, My name is Sue Fung, and lam the mother of Alexander Li who is enrolled in the Alameda Unified School District Alexander will be entering 1st grade at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my child out of said instruction, The WET portion of the instruction conflicts with both my religious training and beliefs as well as my persona/ moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in Alexander's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in Alexander's classes. This request is also made under the CPR& Please be advised that, if necessary, appropriate legal options under Gov, Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

Sue Fung cc. K. Snider, Pacific Justice Institute

P.

Linda S. Morgan 74 Applegate Way Alameda, CA 94502 Lindyz117®yahoo.corn

July 27, 2009 ICirsten Vital, Superintendent ALAMEDA UNIFIED SUM& DISTRICT

2200 Central Avenue Alameda, CA, 94501 Fax: (510) 522-6926 Re: Notice to Opt-Out of Safe School Community Lesson 9 re LGBT Instruction Dear Superintendent Vital, My name is Linda Morgan, and I am the parent of children who are enrolled in the Alameda Unified School District. My children, Jacob Morgan and Virginia Morgan, will be entering first grade and kindergarten at the start of the 2009/2010 school year. The Safe School Community Lesson 9 includes instruction that involves health education. As such, pursuant to section 51240 of the California Education Code, this letter will serve as written notice that I am opting my children out of said instruction. The LGET portion of the instruction conflicts with both my religious training and beliefs as well as my personal moral convictions. Please provide written notification, no later than ten (10) days, as to whether the District will honor this request. If not, please provide a complete description, including forms or other written materials, for exhausting administrative remedies. This request is made under the California Public Records Act (Gov. Code §6250, et seq.). In addition, kindly provide the dates and times of when the above instruction will be given in my children's classes for the 2009/2010 school year. To this end I request that the District provide any and all "writings", defined under Gov. Code §6252(e), that indicate the dates when the instruction will be given in my children's classes. This request is also made under the CPRA. Please be advised that, if necessary, appropriate legal options under Gov. Code §6258, et seq., (injunctive, declaratory, writ relief, costs and attorneys fees) will be pursued by my attorneys for failure to comply with this request for documents under the CPRA. Sincerely,

44(A4_, >1 Linda S. Morgan

cc. K. Snider, Pacific Justice Institute

• CAPITAL OFFICE PA/ Box 276600* SaCIIIIIICDCO, CA 95827 916.857.6900 • FAX 916.8574902

PACIFIC JUSTICE INSTITUTE

SOUTHERN CALIFORNIA OFFICE ED. Box 11630 • Santa Ma, CA 92711 714.796.1150 , PAX 714.7947182

BRAD W. DACUS, ESQ. President EDWIN MEESE, I/1 Former Attorney General Advisory Board Chairman

June 26, 2009 Kirsten Vital, Superintendent ALAMEDA UNIFIED SCHOOL DISTRICT

2200 Central Avenue Alameda, CA 94501 Re: I) Excusal Notices. for Safe Schools Community Lesson 9 re LGBT Instruction 2) CA Public Records Act Request Dear Ms. Vital, Please be advised that this office represents the parents, guardians and pupils whose names are indicated on the enclosed letters. Kindly direct all responses to those letters to this office. 1) Excusal Notices for Safe Schools Community Lesson 9 re LGBT Instruction My clients are requesting that their children be excused from portions of the Safe Schools Community Lesson 9 relative to LGBT instruction. The authority for opting out of said instruction comes from section 51240 of the Education Code which states in MI as follows: (a) If any part of a school's instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs. (b) For purposes of this section, "religious training and beliefs" includes personal moral convictions. As per Educ. Code. § 51210.8, the California State Board of Education has adopted standards for instruction in health education. Those standards have been memorialized in

Health Education Content Standards for California Public Schools, Kindergarten Through Grade Twelve (March 12, 2008) and thus said publication provides the parameters for

what constitutes health instruction. In pertinent part, the State Board has determined that Health Education includes the following:

e "Describe the characteristics of families," pg. 4 Page 1 of 2 June 26, 2009 "Raising the Tomb offustice for Our Civil Liberties" wwuspacifsjustiee.org

• s "Describe how members of a family have various roles, responsibilities, and individual needs." pg. 6 e "Discuss how to show respect for similarities and differences between and among individuals and groups?' pg.12 • "Demonstrate the ability to support and respect people with differences." pg.16 e "Examine the effects of bullying and harassment on others." pg.19 • "Recognize that there are individual differences in growth and development, physical appearance, and gender roles." pg.25 A review the Safe Schools Community curriculum reveals that the above items are present in Lesson 9. Hence, my clients are exercising their right to have their children excused from said instruction. Please respond directly to this office as to whether the District will comply with the optout requests submitted by my clients within ten days of the receipt of this letter. 2) CA Public Records Act Request Finally, please be aware that the enclosed letters by my clients also include requests for records under Gov. Code § 6250, et seq. Kindly send the responsive documents directly to this office. Very truly yours,

Kevin T. Snider Chief Counsel

PACIFIC JUSTICE INSTITUTE

Page 2 of 2 June 26, 2009

• Alameda Unified School Districe Equity & Excellence for All Students Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue— Room 206E Alameda, CA 94501 (510) 337-7063

Maria Guadalupe V. Gomez 1021 Santa Inez Court Oakland, CA 94601 July 20, 2009 Dear Ms. Gomez, The Alameda Unified School District has received your letter dated, June 16, 2009, indicating your intention to opt your child, Pricilla Gomez, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner. Sincer y, sten Vital Superintendent

271-Margie Sherratt , Interim Assistant Superintendent

• • Alameda Unified School District Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

Ms. Aiesha Irene Beide' 737 Eagle Avenue #1) Alameda, CA 94501 July 20, 2009 Dear Ms. Beide', The Alameda Unified School District has received your letter dated, June 22, 2009, indicating your intention to opt your children, Tamba, Ibrahim & Maryama Beide', out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educator; I am confident that our teachers will educate all of Alameda's children in a sensitive manner.

en Vt. Superintendent

Margie S1lerra Interim Assistant Superintendent

0

Alamed 91 Unjfie ii Seiko ii LEistrict Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501

(510) 337-7063

Mr. Daniel Chin 315 Sweet Road Alameda, CA 94502 July 20, 2009 Dear Mr. Chin, The Alameda Unified School District has received your letter dated, June 13, 2009, indicating your intention to opt your child, Natalee Chin, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe SchoolCommunity program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 —2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HivIlt reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner. Sincerely, AlVt Kirsten Vital Superintendent

at

Margie Sherratt Interim Assistant Superintendent

Alamedabilnifie SchaItistrict Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063 Ms. Judy Johansing 2926 Lincoln Ave Alameda, CA 94501 July 20, 2009 Dear Ms. Johansing, The Alameda Unified School District has received your letter dated, June 15, 2009, indicating your intention to opt your child, Benjamin Johansing, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 —2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner. erely, rsten Vital Superintendent

7-114,4? • Margie Sherratt Interim Assistant Superintendent

• Aheme a Unifie Sato 1 istrict if

Equi07 & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

Tommy Cheung & Jolene Chan 250 Ratto Road Alameda, CA 94502 July 20, 2009 Dear Mr. Cheung and Ms Chan, The Alameda Unified School District has received your letter dated, June 25, 2009, indicating your intention to opt your child, Jarod Cheung, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community. program. Lesson 9 addresses issues of sexual orientation! gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the filvIR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, J am confident that our teachers will educate all of Alameda's children in a sensitive manner. Sincerely, ten Vital Superintendent

at'

Margie Sherra Interim Assistant Superintendent

S.•

Ala e a Unified Sch 1 tistrict Equity & Excellence for All Students Margie Sherratt, Interim Assistant Superintendent

Archie and Paiute Felix 1160 Old Alameda Point Alameda, CA 94501

2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

July 20, 2009 Dear Archie and J1 aime Felix, The Alameda Unified School District has received your letter dated, June 14, 2009, indicating your intention to opt your child, Keilani Felix, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws-and policies require that public schools prevent discrimination and harassment against all legally prcitected categories of students, A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, Jam confident that our teachers will educate all of Alameda's children in a sensitive manner. incerely

aV71— Kirsten Vital Superintendent

Margie Sherratt Interim Assistant Superintendent

• • Alameda Unified School iistrict •

Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063 Richard & Diane Clark 10 Sable Point Alameda, CA 94502 July 20, 2009 Dear Mr. & Mrs. Clark, The Alameda Unified School District has received your letter dated, June 20, 2009, indicating your intention to opt your child, Dillon Clark, out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner Sincerely (VIP en Vi Superintendent

Ant"-

Margie Sherratt Interim Assistant Superintendent

• Alameda Unified Scho 1 'strict Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063 Mikel Del Rosario 224 Inverness Court Alameda, CA 94502 July 20, 2009 Dear Mr. Del Rosario, The Alameda Unified School District has received your letter dated, June 19, 2009, indicating your intention to opt your child, Josiah Del Rosario out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the IBM reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of ameda's children in a sensitive manner. Sincerely, sten Vi Superintendent

Margie Sherra Interim Assistant Superintendent

• • Mame a Unified Sch sl :strict Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

Jonathan Stairs 1724 Broadway Alameda, CA 94501 July 22, 2009 Dear Mr. Stairs,

The Alameda Unified School District has received yout letter dated, July 12, 2009, indicating your intention to opt your child, Harrison Stairs out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 —2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, Jam confident that our teachers will educate all of Alameda's children in a sensitive manner. Sincerely,

rsten Vi al Superintendent

Margie Interim

perintendent

• • Ala; ;iedii Unified Salo 1 Istria' Equity & Excellence for All Students Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

Vicki Stairs 1724 Broadway Alameda, CA 94501 July 22, 2009 Dear Ms. Stairs, The Alameda Unified School District has received your letter dated, July 12, 2009, indicating your intention to opt your child, Harrison Stairs out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009— 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR reading series unit on the Family Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner. Sincerely,

Kirsten Vital Superintendent

nt Superintendent

• Ainmeda Unified School District Equity & Excellence for All Students

Margie Sherratt, Interim Assistant Superintendent 2200 Central Avenue — Room 206E Alameda, CA 94501 (510) 337-7063

Wendy Fong 8 Ferro Ct. Alameda, CA 94501 July 22, 2009 Dear Ms. Fong,

The Alameda Unified School District has received your letter dated, July 2, 2009, indicating your intention to opt your children, Kendall and Mitchell out of the District's Caring School Community supplement, Lesson 9 during the 2009-2010 school year. On May 26, 2009 the Board of Education approved the motion to adopt the Caring School Community curriculum supplement, Lesson 9 as part of its Safe School Community program. Lesson 9 addresses issues of sexual orientation / gender identity. The Board's motion and approval did not provide an opt out option. The Alameda Unified School District is obligated to provide a safe and welcoming environment for all students. This effort is in accordance with legal mandates set forth in the Student Safety and Violence Prevention Act of 2000, the District's Board Policy 5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code Section 422.6(a). These laws and policies require that public schools prevent discrimination and harassment against all legally protected categories of students. A support guide is being developed by teachers to ensure that the District's policies and practices protect all legally protected categories. Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific dates and times are not available. Providing them would be impracticable, as teachers in different grades will integrate Lesson 9 into other educational objectives throughout the trimester. For example, many teachers will teach Lesson 9 with the HMR. reading series unit on the Family. Kindergarten teachers may find it appropriate to teach the Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the same date in all grade levels. As professional educators, I am confident that our teachers will educate all of Alameda's children in a sensitive manner.

Ki sten Vital Superintendent

Margi Interim Assis ant Superintendent

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