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Capistrano Unified School District. (Photo by Leonard Ortiz, Orange County Register/SCNG)
Capistrano Unified School District. (Photo by Leonard Ortiz, Orange County Register/SCNG)
Annika Bahnsen
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Capistrano Unified School District voted against enacting a parental notification policy Wednesday night, the first Orange County school district to outright deny such a proposal.

As it was written, the Capistrano Unified parental notification policy focused on mental health, saying a designated school counselor would notify a student’s family “when they have reasonable cause to believe that doing so will avert a clear and present danger to the health, safety or welfare” of students.

But after being asked for clarification during the discussion on Wednesday, Oct. 18, Trustee Lisa Davis, who proposed the policy, said students’ gender identity would also result in parental notification.

The board voted 4-2 to reject the policy, with Davis and Judy Bullockus the two yes votes.

“We are all doing what we think is best for our own children,” said Trustee Michael Parham. “Because we are so engaged, we are rarely caught off-guard when it comes to our own children. I haven’t heard any anecdotes tonight where teachers are not deliberately telling you something about your child here in the district. So that to me suggests our system in place is working.”

Superintendent Chris Brown, when asked, said anecdotal data showed “zero complaints about not letting parents know about gender identity in students.”

But Bullockus, citing an article written by a local psychologist who said there is a need for more discussions between parents and children since the pandemic, said: “I believe that this policy is collectively caring for students in this world of many health issues that they are facing.”

“Empathy is what parents need most in their relationships with their children,” she said. “I don’t believe you should kick parents out of the door. I think parents could use some coaching, so let’s work and teach with parents.”

Trustee Gila Jones, who voted against the policy, was not in favor of using the word “notification” to describe the policy but suggested using “engagement” instead.

“Engagement suggests that it is a partnership,” said Jones. “I do not think that parents are the enemy, not for a minute. I also do not think that there is anyone in the district who thinks that as well.”

Although he could not vote, student board member Tyler Pearce said he was against the proposal and wanted to “stand in favor of the students who would be directly affected.”

“I do believe that this is an outing policy,” said Pearce, a student at San Clemente High. “This parental notification policy is unnecessary, divisive and deep-rooted in political and personal agendas. We need to stop creating this umbrella of mental illness to refer to certain communities. Is it actually a mental health crisis? Or is it our generation who are so compelled to express their own identity and parents born in a different generation?”

“Times are changing; so should opinions,” said Pearce.

The Capistrano Unified board chose to restrict public comment to just over an hour — and gave students the opportunity to speak first.

Student speakers were at times emotional and passionate, with many walking away in tears or turning to the crowd to hype people up. The majority of those who spoke were students — a change from what has been seen at other local school board meetings where parental notification policies have been discussed.

“I am proud of the students who spoke today who were able to see through … the misinformation,” said Parham, a trustee who voted against the policy. “I think we are doing a great job of teaching these students critical thinking skills because they came well prepared and taught us grown-ups a little bit more about the next generation and what they are capable of.”

Assemblymember Bill Essayli, R-Corona, who pushed for parental notification policies in the legislature, was one of the few adult speakers who had a chance to voice his opinions during public comment.

“Parents have the constitutional right to raise their children,” said Essayli. “They are not spectators. I think that it is so disrespectful that you took a whole hour to listen to children than the parents who took the time off to be here tonight. They are the taxpayers, the voters, the people that you answer to. You spent time listening to children who are being used as political pawns from the left to emotionally manipulate and advance an ideology.”

Capistrano Unified’s proposed policy was first presented by Davis during the board’s September board meeting. Then, Davis said, “This policy brings parents into the conversation regarding some of the most important aspects of a child’s life.”

The proposed policy was written with verbatim language that was used in the approved parental notification policy at Placentia-Yorba Linda School District.

It said: “Due to the current nationwide mental health crisis exacerbated by the global pandemic, the Capistrano Unified School District recognizes the need for frequent, ongoing and oftentimes immediate communication between school administration, staff, and parents/guardians. Furthermore, with reports of depression, anxiety and suicide rates at an all-time high among public school students, action is needed to address this emerging crisis and support the health and welfare of district students.”

Andrew Fredriksz, a previous school counselor at Capistrano Unified, said that he is against the policy in a letter sent to Board President Krista Castellanos earlier this week.

“While parent rights are extremely important and they should always be contacted regarding life-changing decisions regarding their children, reporting to parents how a student identifies does not fall under life-changing decision-making,” said Fredriksz, now a counselor at Laguna Beach Unified. “The risk of outing a student in a household where they will not be accepted and may have a negative impact on their mental health is a greater concern in this discussion.”

“I have a lot of respect for the board,” said Fredriksz. “They are unfortunately caught in divisive culture politics as are the students.”

Fredriksz said he does not believe a parental notification policy will be enacted at Laguna Beach Unified.

“Laguna Beach Unified does a great job of cultivating a community where everyone is heard — families, students and staff,” said Fredriksz. “There seems to be a foundation of respect between everyone which helps promote productive conversations.”

Orange Unified was the first Orange County school district to adopt the policy in early September, and Placentia Yorba-Linda soon followed suit, becoming the second district to approve the policy last week. Many parental rights activist groups say they will attend Tustin Unified’s next meeting on Nov. 13 to encourage the policy to be addressed there.

In districts that have adopted these policies, situations that would warrant parent notification include requests to use different names or pronouns or requests to change sex-segregated programs (like athletic teams or changing facilities) that differ from the student’s “assigned biological sex at birth.”

The policies also include notification guidelines if a student reports self-harm, suicidal ideation or injury to others.

Capistrano Unified has 63 campuses, making it the largest district in Orange County. The district includes the cities of San Clemente, Dana Point, San Juan Capistrano, Laguna Niguel, Aliso Viejo, Mission Viejo and Rancho Santa Margarita.

This story has been updated.