Public Comments Questions and Answers

The Enumclaw School District maintains a long standing partnership with the Muckleshoot Tribe. Through consultation with the tribe, the District chooses to begin each board meeting and/or formal gathering with a land acknowledgement to honor the land we gather on and our indigenous students.

Below is a link to current topics utilized by the Enumclaw School District for sexual health education. Also included is a link to OSPI for further information.

• OSPI FAQ for Sexual Health Education
• K -12 HEALTH/SEXUAL EDUCATION Sample Parent Letter

Materials are available to view in advance. Parent(s)/guardian(s) have the option to opt out of the lessons at school.

FAQs about ESSB 5044, Critical Race Theory and Equity in the Enumclaw School District

Our PK-5 schools address social emotional learning in several ways. Our counselors teach lessons using three primary resources: Kelso’s Choice, Second Step, and Conscious Discipline. Classroom teachers do not teach SEL as a separate subject or class, it is integrated throughout the day and often taught in the moment when incidents or opportunities arise. Our primary resource for addressing SEL needs is Conscious Discipline. Conscious Discipline is a trauma informed, brain researched program focused on safety, connection and problem solving.

It has been several years since the Enumclaw School District has adopted any history curriculum and materials. Below is a link to history courses and topics taught in grades 4 - 8 and grades 5 -12. If a patron would like to view curriculum resources related to these topics they can reach out to an individual school administrator to assist with the viewing of these materials as we do not have any housed in a central location.

Included is a link to OSPI Social Studies Standards, EHS Course Guide and Topics covered in grades 4-12.

The Washington State School Board of Education requires the following for graduation: Social Studies - 3 credits that align with state standards in civics, economic, geography, history and social studies skills, and may include additional content determined by the district. Mandatory courses, or the equivalent, include 1 credit in US History and Government, .5 credit of Contemporary World History, Geography and Problems, and .5 credits of civics. In addition, students need to successfully complete Washington State History and Government.

This survey is something school districts in Washington State have been participating in for over 30 years. This survey is on a two year cycle. The survey is completely voluntary and all students have the ability to opt out. The information is used by schools, districts, and state agencies to determine what types of support services are most needed for our students. This is not intended to be used to determine specific individual student needs. The survey is entirely anonymous and used to get more comprehensive data about the largest needs in our community. Although it is optional to students, having heard concerns from parents and the community, the district will be reviewing this practice prior to implementing the next survey in 2023.

We have reached out to this commenter for additional resources and information. We will look into this option and bring it to the Washington State DOH meeting to see if it is possible. Dr. Carey is also sending an email to a contact at the DOH.

No. Per OPMA, the public cannot attend executive sessions. Only those involved in the topic of discussion may be present.

There are eleven statutory reasons for an executive session, three do not apply to school boards. Of the eight remaining, one of the following must apply to the circumstances for a school board to exclude the public from it’s meeting:

• Matters affecting national security;
  • The selection of a site or the acquisition of real estate if public knowledge of the matter might increase the price;
  • The minimum selling price of real estate if public knowledge of the matter might depress the price, but final action selling or leasing real estate must be taken in a public meeting;
  • Negotiations on the performance of a publicly bid contract if public knowledge might increase costs;
  • Complaints or charges against an employee or board member, however the person complained against may open the meeting to the public;
  • Qualifications of an applicant for public employment or review the performance of a public employee, but final actions must be taken in public and discussions affecting employees generally must be held in public;
  • Qualifications of a candidate for appointment to elective office, but interviews and the final appointment must be held in public; and
  • Discussion with legal counsel, of enforcement actions, litigation or potential litigation, if public discussion might result in an adverse legal or financial consequence. Amendments in 2001 provided a specific definition of potential litigation.

The board should follow its complaint process before hearing a complaint directly, and be sure some other forum is not more legally appropriate to resolve the matter.

Originally, when Governor Inslee adjusted his proclamation to allow the option of in-person meetings, it was a requirement for “miscellaneous venues” to obtain information for potential contact tracing. This has been a request at ESD board meetings, not a requirement, and remains optional. It is, however, helpful. For example, for our most recent board meeting when there was a last-minute change in venue and Miranda Newell, Executive Assistant to the Board, was able to personally call each attendee to ensure all who planned to attend made it to the correct location.

Yes. Up until this point, the board has chosen to offer participation in public comment through both in-person and virtual formats. A webinar license would not be conducive to this format. Moving forward, however, the board and district will be making adjustments. Any community members wishing to address the board during public comment will need to be present in person. The district will either move forward with stricter Zoom settings, preventing the capability for viewers to “unmute,” or in a Webinar format for virtual viewing.

New board members are sworn into office during the regularly scheduled board meeting on December 13th.

The Color Guard and Winter Guard coach has been contacted by administration at EHS. Due to her schedule, evening practices are best. With other events conflicting in the spaces at EHS, Color and Winter Guard have used TMMS in the past. Practice space is available at TMMS. The coach was advised to contact Mr. Stoker at TMMS to determine which times and space is best for practice. Ms. Riche was contacted to inform her of the district’s follow-up to her comment and she will also be connecting with the coach to plan practices at TMMS.

As of right now, there is no vaccine mandate for students. Should a vaccine become a requirement for schools, we will follow our existing policy for vaccines to attend school (3413), which reflects the exemptions allowed under applicable laws and regulations. Policy 3413 states as follows: “The district shall allow for exemptions from immunization requirements only as allowed for by RCW 28A.210.090 RCW 28A.210.090 and WAC 246-105-050”

If this becomes a requirement to attend school, similar to other existing vaccinations, the District will be required to comply. However, we would anticipate any new vaccination requirement will contain similar requirements and provide for the similar allowable exemptions as all existing required vaccinations.

This would roughly equate to $8,000,000.00 per year based on a loss of 800 students at our approximate apportionment per student.

It is difficult to answer this question as it is hypothetical in nature. The District will continue to strive for clear communication and transparency as we navigate any additional requirements.

The District is unable to predict the outcome of future levies, our hope is the vast majority of our constituents recognize that these levy dollars benefit the students of this District and without them, the District is unable to sustain all of the current services available to our students and families. As previously mentioned, the District does not have any flexibility when it comes to following any mask or vaccination mandates and we hope that those in the community who disagree with these measures will understand that we do not have a say in the matter.

As the largest employer in the communities of Black Diamond and Enumclaw, a drastic loss of enrollment and the associated loss in funding would have an inevitable impact on District staffing levels. However, we are hopeful that this will not come to pass and even in difficult times the District always strives to retain as many employees as possible.

The current Instructional Technology Levy (Capital Levy) is not impacted by current enrollment. It is impossible to predict the outcome of future Levy and Bond measures. However, it is always the goal of the District to meet the needs of all students and families in order to maintain enrollment and provide services for students.

The District is required to comply with these mandates regardless of student enrollment or loss of enrollment.

As communicated by State Superintendent, Chris Reykdal: “By constitutional authority and RCW 28A.300.040, one of the state Superintendent’s clear powers is, “supervision over all matters pertaining to the public schools of the state.” Apportionment amounts and timing are shaped by additional law, but let me be clear: Boards or districts that intentionally disobey, dismiss, or shun an explicit law, including a Governor’s executive order, which has the power of law, will see an immediate halt to their basic education apportionment, and their federal funds that come through OSPI.”

This could mean a loss of up to roughly 41 million dollars per year for the Enumclaw School District.

Superintendent Reykdal also stated that “Local community members will always have the right to bring their grievances to their elected leaders, but in the case of these public health measures, they are not local decisions. Local boards of directors have broad discretion on the details of instructional delivery. They are not empowered, however, to override the legal authority of public health officers or the Governor in times of a public health emergency.

Community actions that result in board actions that violate the law, including executive orders, will jeopardize school budgets, local school personnel, and ultimately the opening of school to in-person learning this fall and beyond”

CONTINUATION OF QUESTION:
I understand that there is controversy whether this is considered Protection or Discrimination. If we look at this in black and white it seems clear.

• Vaccinated can spread the virus and do not need to take any additional measures to participate.
• Un-vaccinated can spread the virus and need to take additional measures to participate.

To me that sounds more like a bribery-based incentive to get our children the shot.

This is full of discrimination and based off the school’s very own Nondiscrimination Policy that states:

Enumclaw School District does not discriminate in any programs or activities on the basis of sex, race, CREED, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, marital status, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups.

ANSWER:
We understand that many in the community feel strongly about this issue. However, following the requirements regarding vaccinations contained in Washington law and orders issued by the Governor and the Department of Health does not violate the District’s nondiscrimination policy.

The Board is unable to determine whether it would support any resolution without knowing its details.

OPMA does not require the board to allow for public comment, however, parent and community participation is important and valued by the school board. There is no requirement for responses.

"Chapter 3 of Open Government Resource Manual for WA State:

F. Right to Speak at Meetings

The OPMA does not require a governing body to allow public comment at a public meeting. If a governing body does allow public comment, it has authority to limit the time of speakers to a uniform amount (such as three minutes) and the topics speakers may address."

CONTINUATION OF QUESTION:

It would even be fine if they requested conversation topics/questions to be submitted in advance to give them time to prepare thoughtful responses. I would like this to happen well BEFORE the levy vote in Feb.

ANSWER:

When the incoming Directors take office, the board will revisit this request.

Originally, when Governor Inslee adjusted his proclamation to allow the option of in-person meetings, it was a requirement for “miscellaneous venues,” which applies to school board meetings, to obtain information for potential contact tracing. Since this requirement was lifted, the collection of this information has been a request at ESD board meetings, not a requirement, and remains optional. It is, however, helpful. For example, for our most recent board meeting when there was a last-minute change in venue and Miranda Newell, Executive Assistant to the Board, was able to personally call each attendee to ensure all who planned to attend made it to the correct location.

Per OPMA: No, the public cannot attend executive sessions. Only those involved in the topic of discussion may be present, which varies depending on the nature of the executive session.

Pursuant to RCW 42.30.110, there are eleven statutory reasons for an executive session, three do not apply to school boards. Of the eight remaining, one of the following must apply to the circumstances for a school board to hold an executive session and therefore exclude the public from its meeting:

• Matters affecting national security;
• The selection of a site or the acquisition of real estate if public knowledge of the matter might increase the price;
• The minimum selling price of real estate if public knowledge of the matter might depress the price, but final action selling or leasing real estate must be taken in a public meeting;
• Negotiations on the performance of a publicly bid contract if public knowledge might increase costs;
• To receive and evaluate complaints or charges against an employee or board member, however the person complained against may open the meeting to the public;
• To evaluate the qualifications of an applicant for public employment or review the performance of a public employee, but final actions must be taken in public and discussions affecting employees generally must be held in public;
• To evaluate the qualifications of a candidate for appointment to elective office, but interviews and the final appointment must be held in public; and
• Discussion with legal counsel, of enforcement actions, litigation or potential litigation, if public discussion might result in an adverse legal or financial consequence. Amendments in 2001 provided a specific definition of potential litigation.

No, please refer to answer 16.

Yes, visit https://www.enumclaw.wednet.edu/district-departments/business-operations/budget-and-financial/esser-funding.

Students and parents should report their concerns to a building administrator. Reports will be investigated and the appropriate policy will be followed, depending on the nature of the concerns. The following are some potentially applicable policies and procedures:

Policy 3210 - Conduct against any student that is based on one of the categories listed above that is sufficiently severe, persistent or pervasive as to limit or deny the student’s ability to participate in or benefit from the district’s course offerings;, educational programming or any activity will not be tolerated. When a district employee knows, or reasonably should know, that such discriminatory harassment is occurring or has occurred, the district will take prompt and effective steps reasonably calculated to end the harassment, prevent its recurrence and remedy its effects.

The compliance officer will be responsible for investigating any discrimination complaints communicated to the district.

Procedure 4220P - Complaints Concerning Staff or Programs

Most complaints can be resolved by informal discussions between the citizen and the staff member. Should the matter not be resolved, the principal shall attempt to resolve the issue through a conference with the citizen and the staff member. The following procedures apply to the processing of a complaint which cannot be resolved in the manner described above:

A. If the problem is not satisfactorily resolved at the building level, the citizen should file a written complaint which describes the problem, and a suggested solution. The superintendent or designee should send copies to the principal and staff member.

B. The staff member shall respond to the superintendent or designee in writing or in person.

C. The superintendent or designee shall then attempt to resolve the matter through a conference with the citizen, staff member and principal.

D. If the matter is still not resolved, the superintendent or designee shall present the issue to the board. If the complaint is against a staff member, the complaint shall be handled in executive session. The board shall attempt to make a final resolution of the matter. Any formal actions by the board must take place at an open meeting. If such action may adversely affect the contract status of the staff member, the board shall give written notice to the staff of his/her rights to a hearing. Policy 5281 -Staff who fail to fulfill their job responsibilities or follow the reasonable directions of their administrators or who conduct themselves on or off the job in ways that affect their effectiveness on the job will be subject to disciplinary action or discharge.

The District continues to adhere to mandates required by the State of Washington. Again, in the case of these public health measures, they are not local decisions. Local boards of directors have discretion on issues such as the details of instructional delivery. They are not empowered, however, to override the legal authority of public health officers or the Governor in times of a public health emergency.

We are and will continue to address the social and emotional wellness of our students and staff members related to impacts due to the pandemic in a variety of ways. It is a priority of the district to address the needs of the whole child which includes mental health and wellness as well as academic growth. This is an allowable expenditure of COVID relief monies and we have used some of this funding in combination with other resources to provide additional supports and services to all of our schools.

Are medical exemptions being made without imposing further emotional trauma, like isolation? We work with each family, in partnership with their physician, to determine the level of appropriate accommodation for each individual student. For students with IEPs or 504 plans, these decisions are made by the student’s IEP or 504 team, which include the student’s parent or guardian.

No. As the District has previously stated, at this time, the ESD will not be hosting vaccination clinics for any students or staff. If a family wishes to obtain a vaccination they should contact their local health provider or pharmacy.

This question calls for a conclusion of law that would need to be decided by a court if such an unfortunate event came to pass. However, the District would not be the entity mandating or requiring COVID-19 vaccinations for students, so we do not believe the District would be legally responsible under the circumstances you describe.

The District will reach out to the WA Department of Health to inquire about “the mask choice program”. Given the high rates of COVID-19 transmission in our community we would anticipate their resistance to this protocol. We will communicate their response as soon as it is received.

Complaints should be made in writing and can be directed to building administrators. Whether the Board of Directors becomes involved depends on the nature of the complaint and whether it is resolved before reaching that level.

We are addressing the needs of students on an individual case by case basis. Special accommodations are made for any students participating in Speech Services. If you suspect that your student is in need of special accommodations, please contact your student’s school.

Originally, the DOH and CDC did not recommend face shields.

Guidance from The Washington State Department of Labor and Industries, pertaining to staff face coverings:
Can I wear a face shield instead of a cloth face covering?

No. A face shield is not a substitute for a cloth face covering. Face shields allow particles exhaled from the wearer to freely move around the edges of the shield and into the open air for others to breathe. Face shields may be worn along with cloth face coverings to protect workers from others who sneeze or cough nearby or to protect from splashes when diluting or applying harmful liquids like bleach or cleaning chemicals.

For students with hearing disability, multiple language learners, and/or special services, the District has provided clear face coverings that meet state mandated mask requirements for instructors serving those students.

The District is now researching possible purchase of additional clear face coverings as an option for instructional staff, which would only be utilized consistent with guidance issued by the Department of Health and OSPI.

CONTINUATION OF QUESTION:
The only major “outbreak” that has occurred is the ridiculous contact tracing that has been happening, with very few actual positive cases being the outcome. Based off of the ESD Covid Dashboard thus far 97.07% of the school population has NOT gotten COVID This alone goes to show that we can manage without enforcing anymore mandates. We need you to think outside of the box, remove the tyranny from our children’s lives, we need you to really balance the risk over benefit,

29. What is the greater risk to you?
Risking the ramifications if you chose to follow through with a mandate of the shot for our children Versus
Risking the ramifications of practicing what we preach to our children- that its ok to stand up and stand out and be different then everyone else even though sometimes it is hard at least you know you are doing what is right and ethical.

ANSWER:
We want to be clear, at this time a COVID-19 vaccination is not mandated or required for students to attend school. As previously stated, the District is required to follow all applicable laws, regulations, or orders issued related to COVID-19 vaccinations. Failure to do so could result in the loss of state or federal funding, which would have a catastrophic impact on our community.