Home » Bill to Silence Parents at School Board Meetings Vetoed by Governor Newsom

Bill to Silence Parents at School Board Meetings Vetoed by Governor Newsom

by CC News
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A bill aimed at silencing parents who speak out at school boards has been vetoed by Governor Gavin Newsom.

SB 596, by Senator Anthony J. Portantino (D – Burbank), would have made it a misdemeanor to interfere, through threats, harassment or similar conduct, with a school employee’s daily life away from a school site or after school hours for reasons related to their official duties.

Portantino dubbed the bill as a measure that addresses the issue of teachers facing harassment and greater scrutiny over lessons taught in the classroom. The measure aims to provide a safe and inclusive environment for all students and teachers.

“Actions that incite fear amongst educators who are teaching in accordance with state standards are counterproductive, unacceptable and potentially dangerous,” stated Senator Portantino. “Too many teachers are being intimidated and harassed for just doing their job. SB 596 will ensure that they can continue to be dedicated educators, helping their students thrive unencumbered by fear and intimidation. I am very grateful to the teachers in my district for their commitment to our children and for bringing the need for this bill to my attention.”

However, according to the text of the bill, it only applied to parents and parent support groups, not members of the union or labor partner–meaning union members could harass school boards in protest/picketing but not parents who disagree.

The bill passed the State Assembly in a 65-8 vote while passing the State Senate in a 30-8 vote.

In his veto message Newsom stated they didn’t need to add more “gas on this fire” and urged more respectful conversations while protesting the constitutional rights of all people, even those whom they disagree with. He stated there are also laws on the books and encouraged school boards to work with local law enforcement.

Governor Newsom didn’t see it that way

OCT O8 2023

To the Members of the California State Senate:

I om returning Senate Bill 596 without my signature.

This bill would make it a misdemeanor to cause substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the State Board of Education.

This bill also specifies that a person who subjects a school employee to threats or harassment while the employee is away from a school site or after school hours for reasons related to the employee’s course of duties would be guilty of a misdemeanor.

Credible threats of violence and acts of harassment – whether directed against school officials, elected officials, or members of the general public – can already be prosecuted as crimes. As such, creating a new crime is unnecessary.

The tenor of our country’s political conversations is alarming, leading to caustic atmospheres at local school board meetings and politicization of our kids’ education in an effort to score political points. Nevertheless, we need to be cautious about exacerbating tensions by implementing additional laws that can be perceived as stifling parents’ voices in the decision-making process. We don’t need more gas on this fire -we need more grace, more respectful conversations, and more protection of constitutional rights for all people, especially for those with whom we disagree.

No school official should be subject to threats or harassment for doing their job, period. I encourage school officials to work closely with local law enforcement to use the laws already on the books to ensure the safety and security of our community’s educators and governing board members, both while carrying out their school duties on school premises and while away from school sites.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom


Feb 2023:  Senator Portantino Introduces Bill to Protect Teachers from Harassment

Sacramento, California – Senator Anthony J. Portantino (D – Burbank) introduced Senate Bill 596, a measure that addresses the issue of teachers facing harassment and greater scrutiny over lessons taught in the classroom. The measure aims to provide a safe and inclusive environment for all students and teachers.

“Actions that incite fear amongst educators who are teaching in accordance with state standards are counterproductive, unacceptable and potentially dangerous,” stated Senator Portantino. “Too many teachers are being intimidated and harassed for just doing their job. SB 596 will ensure that they can continue to be dedicated educators, helping their students thrive unencumbered by fear and intimidation. I am very grateful to the teachers in my district for their commitment to our children and for bringing the need for this bill to my attention.”

Schools across the country are facing greater scrutiny over lessons taught in the classroom. In 2022, the UCLA Institute for Democracy, Education and Access and the UC Riverside Civic Engagement Research Group conducted a study surveying 682 high school principals across the country. According to the study, 48% of principals reported that parents or community members tried to challenge or limit policies promoting the rights of LGBTQ+ students. Last year, a local elementary school teacher was transferred to a different school site due to safety concerns after receiving threats for talking to students about LGBTQ Pride Month. These incidents do not solely occur while teachers are at their respective school sites. In addition, some receive threats in off campus settings and on social media platforms.

SB 596 would make it a misdemeanor to interfere, through threats, harassment or similar conduct, with a school employee’s daily life away from a school site or after school hours for reasons related to their official duties.

“Across the country, educators are facing an eminent threat against our profession and our livelihoods,” stated Glendale Unified School District teacher Patrick Davarhanian. “There is a calculated effort by radical extremists to ban books in our libraries, censor classes that teach accurate and honest history, and harass and threaten educators in the process. These extremist elements are targeting the core tenants of inclusive public education and attempting to use threats of violence to achieve their means. From insults and bullying to intimidation tactics and death threats, our educators have had to endure an onslaught of harassment both inside and outside the classroom. A civil society that values diversity, embraces critical thinking, and promotes quality education cannot capitulate to hate, bigotry and intimidation. We must not allow these threats of violence to go unanswered. We must stand with our educators, protect our students, and defend public education.”

“Having worked in the field of education for over a decade, we have faced many challenges to our profession,” said Gagik Galfayan, also a teacher in the Glendale Unified School District. “But no challenge has been greater than the threats of violence educators are receiving as a result of an outpouring of hate and intolerance. Educators are committed to teaching honest, accurate history, and fostering inclusive classrooms. Our expertise in pedagogy, our respect for state standards, and our passion for teaching students guides our instruction. With continued support from our communities and the leadership of trusted public servants, we are confident that our pledge to educate our youth and prepare them for the future will be fulfilled.”

According to SB 596

Existing law provides that any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of the employee’s duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor punishable by a fine of not less than $500, nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both imprisonment and the fine. Existing law provides for certain minimum periods of imprisonment in a county jail for 2nd and subsequent convictions for the above-described offenses, and prohibits release on any basis until those minimum periods are served, as specified.
This bill would apply these misdemeanors to any adult instead of a parent, guardian, or other person and would eliminate the prohibition on release prior to the minimum period of incarceration applicable to a 2nd conviction, as provided. This bill would specify, for purposes of the above-described offense, that “substantial disorder” includes substantial disorder at any meeting of the governing board of a school district, the governing body of a charter school, a county board of education, or the State Board of Education. To the extent the bill expands the scope of an existing crime, the bill would impose a state-mandated local program.
This bill would provide that any adult who subjects a school employee, as defined, to harassment or makes a credible threat against the employee or the employee’s family, while the employee is away from a schoolsite or after school hours, for reasons related to the employee’s course of duties is guilty of a misdemeanor. The bill would define harassment and credible threat for these purposes. By creating a new crime, this bill would impose a state-mandated local program.

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