WHEREAS, ON March 4, 2020, Governor Gavin Newsom declared a statewide emergency arising from the coronavirus (COVID-19);

WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency arising from the coronavirus (COVID-19);

WHEREAS, on March 15, 2020, Scott Kuykendall, the Stanislaus County Superintendent of Schools, issued a written directive advising all school districts to prepare for school closures resulting from the coronavirus (COVID-19) outbreak;

WHEREAS, on March 17, 2020, the Board adopted Emergency Resolution #26/2019-20 delegating authority to take necessary action to protect students and staff from the spread of the coronavirus
(COVID-19);

WHEREAS, effective March 19, 2020, all District school sites and the District offices were closed to maintain social distancing in an effort to minimize the spread of the coronavirus (COVID-19);

WHEREAS, on March 19, 2020, the District commenced providing instruction to students via distance learning, which is defined as instruction in which the student and teacher are in different locations;

WHEREAS, on July 17, 2020, Governor Newsom announced his pandemic plan for learning and safe schools for the 2020-2021 school year. As specified in the pandemic plan, "schools located in counties that are on the Monitoring List must not physically open for in-person instruction until their county has come off the Monitoring List for 14 consecutive days. Schools in counties that have not been on the Monitoring List for the prior 14 days may being in-person instruction, following public health guidelines";

WHEREAS, on August 3, 2020, Superintendent Dana Salles Trevethan announced that Stanislaus County is on the state's COVID watch list and the District would not reopen at that time;
WHEREAS, on

August 4, 2020, the Board adopted Resolution #6/2020-21 and Superintendent Dana Salles Trevethan announced that District school sites would remain closed for the beginning of the 2020-2021 school year and would continue to offer online distance learning instruction;

WHEREAS, Article IX, section 14, of the California Constitution declares that "[t]he Legislature may authorize the governing boards of all school districts to initiate and carry on any programs, activities, or to otherwise act in any manner which is not in conflict with the laws and purposes for which school districts are established";

WHEREAS, Educational Code sections 35160 and 35160.1 endow school districts and their governing boards with broad authority and wide discretion in initiating and carrying on programs and activities and otherwise creating unique solutions to meet their diverse needs;

WHEREAS, pursuant to the broad grant of authority under Educational Code section 49067, the Board has adopted Board Policy ("BP") 5131 and Board Policy ("BP/ AR") 6145 and Administrative Regulation ("BP/AR") 6145.2 to establish the District's Student Conduct Code 7-12 and Athletic Code of Conduct 7-12;

WHEREAS, pursuant to Board Bylaw ("BB") 9000 and BB 9310, the Board may adopt, evaluate, and update policies, bylaws, and administrative regulations consistent with the law and the District's visions and goals;

WHEREAS, in accordance with its broad grant of constitutional and statutory authority, and as provided under BB 9000 and BB 9310, the Board is authorized to revise or suspend the current co- and extra­curricular participation and eligibility requirements as provided by BP 5131 and BP/AR 6145/6145.2 and to implement alternative co- and extra-curricular activity participation and eligibility protocols during the COVID-19 pandemic;

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Board hereby declares that the District will support student engagement in co- and extra-curricular activities as defined in the Student Conduct Code 7-12, by permitting students with less than a 2.0 grade point average and/or more than one "F" and/or more than one "U" citizenship grade to participate in extra-curricular activities, as well as athletics (9-12); spirit leaders/cheerleaders (9-12); and student government (7-12); up to, but not including performances or competitions; and

BE IT FURTHER RESOLVED AND ORDERED that the Superintendent will temporarily modify the Districts' student-athlete participation clearance protocol due to the challenges of families to secure pre-participation sports physicals; students unable to secure or pass a pre-participation sports physical may remain on the team and participate in all non-physical team activities (i.e., no athletic conditioning, no physical activity, no competitions, etc.) so that students not cleared to participate physically may still engage in virtual and in-person meetings, team related academic supports, and attend practices; and

BE IT FURTHER RESOLVED AND ORDERED that the Superintendent will temporarily modify the Districts' criteria for student participation in 2020-2021 social promotion and commencement ceremonies; and

BE IT FURTHER RESOLVED AND ORDERED that the Board waives the second reading of the above-referenced Board Policies and Administrative Regulations, so as to make the revisions effective immediately upon approval of this Resolution; and

BE IT FURTHER RESOLVED AND ORDERED that the Superintendent shall have the authority to take any action in furtherance of the authority delegated herein, including but not limited to, notifying employees, students, and the community of the revised extra- and co-curricular activity participation and eligibility requirements and to initiate the procedures consistent with the intent
of this Resolution; and

BE IT FURTHER RESOLVED AND ORDERED that, should any portion of this Resolution be held invalid, the invalidity shall not affect other provisions or applications of the Resolution which can be given effect with the invalid provisions or application, and to this end the provisions of this Resolution are declared to be severable.

THE FOREGOING RESOLUTION was introduced at a regular meeting of the Board of Trustees held on the 1 6th day of February, 2021, by Governing Board Member Sanchez, who made the motion, which motion being duly seconded by Governing Board Member Cortinas, was, upon roll call, carried into Resolution passed by the following vote:

Ayes: 7 (Carlson, Silva, Cortinas, Jackson, Sanchez, Benedict, Howenstine)

I, Anthony Silva, Clerk of the Governing Board of Turlock Unified School District of Stanislaus County, California, certify that the foregoing is a full, true, and correct copy of a resolution adopted by the said Board at a regular meeting held on February 1 6, 2021. 

A RESOLUTION of the Board of Trustees of the Turlock Unified School District to declare that the lives of Black students, families, and staff are valued and that we encourage district-wide participation in the national Black History Month recognition of the contributions of Black Americans held annually during the month of February.

WHEREAS, in response to both currently and historically disparate treatment of African Americans, a nationwide movement has arisen to assert that lives of Black students, families, and staff are valued; and

WHEREAS, a national movement has arisen to assert that the lives of Black students, families, and staff are critical to the success of campuses that serve all children; and

WHEREAS, throughout our nation’s history, institutional and structural racism and injustice have contributed to deepening racial disparities across all sectors of society and have had lasting negative consequences for our communities, cities, and nation; and

WHEREAS, historically, when Black people have fought for a more democratic society, the lives of all people have improved and, conversely, each time barriers to Black people’s potential have been erected, our whole society has suffered; and

WHEREAS, specifically recognizing that the lives of Black students, families, and staff are valued does not negate our commitment to ALL of our students, but rather increases awareness of Black students’ struggle to trust that our society respects them, we must affirm that their lives, specifically, matter; and

WHEREAS, the problems of society are mirrored in schools, and these problems can only be fully addressed with a united effort of community and school coming together for the betterment of our students’ future; and

WHEREAS, numerous and diverse community groups, residents, and teachers wish to participate in the education, reflection, dialogue, and action in order to engage educational communities throughout Turlock in activities that support the understandings and affirmations that underlie the national movement to assert that the lives of Black Americans are essential; and

NOW, THEREFORE, BE IT RESOLVED, the Turlock Unified School District Board of Trustees declares that the lives of our Black students are valued, the lives of our Black families are valued, the lives of our Black teachers and staff members are valued, and that all Black lives are valued as demonstrated by enacting equitable policies and practices to their fullest extent.

WHEREAS, the Board of Trustees ("Board") of the Turlock Unified School District ("District") consists of seven (7) members elected from seven (7) trustee areas ("Trustee Area") within the District;

WHEREAS, Education Code section 35105 sets forth the general rule that school district governing board members serve staggered terms and are elected in odd numbered years;

WHEREAS, currently the election of Board members occurs every two years, on the first Tuesday after the first Monday in November of odd numbered years, pursuant to Elections Code section 1302, subdivision (a);
WHEREAS, the next Board election for Trustee Areas 2, 4 and 6 is scheduled for November 2017, and the next Board election for Trustee Areas 1, 3, 5 and 7 is scheduled for November 2019;

WHEREAS, statewide general elections are held in California in November of even numbered years, pursuant to Elections Code section 1001;

WHEREAS, generally, voter participation is greater for statewide general elections conducted in even numbered years than for special local elections, including school board member elections, conducted in odd numbered years;

WHEREAS, Senate Bill 415 adds Section 14050 et seq. to the Elections Code, requiring school districts to adopt a plan by January 1, 2018 to transition their governing board elections to the same date as statewide general elections conducted in even numbered years if past governing board elections held on special local election dates in odd numbered years resulted in a significant decrease in voter turnout;

WHEREAS, a significant decrease in voter turnout is defined as voter turnout at least 25% less than the average voter turnout for the previous four (4) statewide general elections;

WHEREAS, based on the history of voter participation within the boundaries of the District, as exemplified in Exhibit A, it is likely that the District will be required to adopt a plan to transition to even numbered year statewide general elections no later than January 1, 2018, pursuant to Elections Code section 14052, subdivision (b);

WHEREAS, after adoption of a plan, the transition to even numbered year statewide general elections must be completed no later than the November 8, 2022 statewide general election, pursuant to Elections Code section 14052, subdivision (b);\

WHEREAS, regardless of whether the District is required to formulate a plan pursuant to Senate Bill 415 and Election Code sections 14050 et seq., the Board desires to consolidate Board member elections with statewide general elections on even numbered years to allow for Board member elections to occur when the largest number of voters generally participate in the election;

WHEREAS, the District Board may adopt a resolution to establish Board member elections to occur on the same day as the statewide general election pursuant to Elections Code section 1302, subdivision (b ), subject to approval by the Stanislaus County Board of Supervisors ("County Board of Supervisors");

WHEREAS, the District Board's resolution to establish Board member elections on the same day as the statewide general election, must be submitted to the County Board of Supervisors no later than 240 days prior to the next regularly scheduled election;

WHEREAS, the next regularly scheduled election for District Board members is November 7, 2017, and 240 days prior to November 7, 2017, is March 12, 2017;

WHEREAS, within sixty (60) days from the date that the District submits such a resolution to the County Board of Supervisors, the County Board of Supervisors must approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled (Elec. Code§ 10404.5, subdivision (d)(l));
WHEREAS, public notices of the proceeding in which the resolution is to be considered for adoption by the County Board of Supervisors must be made by County Board of Supervisors pursuant to Section 25151 of the Government Code;

WHEREAS, this resolution is contingent upon approval of the County Board of Supervisors and if rejected, this resolution will be null and void;
WHEREAS, if the County Board of Supervisors approves this resolution to establish Board member elections on the same day as the statewide general election, the terms of all Board members are extended by one (1) year pursuant to Elections Code section 10404.5, subdivision (g); and

WHEREAS, the result of such actions would be staggered Board elections in even numbered years, commencing with the next election for Trustee Areas 2, 4 and 6 in November 2018, and the election of Trustee Areas 1, 3, 5 and 7 in November 2020.

NOW, THEREFORE, the Board of Trustees of the Turlock Unified School District hereby finds and resolves that:

1. Board member elections shall be consolidated with the statewide direct primary election or the statewide general election held on the first Tuesday after the first Monday in November of each even numbered year; thus, no board member election shall be conducted in November of 2017.
2. The Superintendent is directed to submit this Resolution to the Stanislaus County Board of Supervisors not later than March 12, 2017.
3. If this Resolution is approved by the County Board of Supervisors, the terms ofoffice of all members of the Board shall be extended one (1) year, and District Board member elections will occur in even numbered years, as described in Exhibit B.
4. Upon approval of this Resolution by the Board of Trustees, the District Superintendent shall cause a certified copy of this Resolution to be filed with the County Board of Supervisors and the Stanislaus County Superintendent of Schools.
5. The District Superintendent and her designees are hereby authorized and directed to take any other steps necessary to effectuate the purpose and intent of this resolution.

PASSED AND ADOPTED by the Board of Trustees of the Turlock Unified School District, Stanislaus County, California, on this 21st day of February, 2017 at a duly noticed meeting, by the following vote: 

WHEREAS, the Turlock Unified School District Board, according to our District Mission Statement, Beliefs, and Strategies, advocates for a safe and caring student-centered environment in partnership with our families and diverse community that emphasizes the family experience and a positive school climate for all students, staff, and families.

WHEREAS, the Turlock Unified School District Board of Trustees is committed to the success and safety of all students and Board Policy 5145.3 was adopted to provide a safe school environment that allows all students equal access and opportunities in the District's academic, extracurricular, and other educational support programs, services, and activities. The Board prohibits, at any District school or school activity, unlawful discrimination, including discriminatory harassment, intimidation, and bullying, targeted at any student by anyone, based on the student's actual or perceived race, color, ancestry, national origin, nationality, ethnicity, ethnic group identification, age, religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender, gender identity, or gender expression or association with a person or group with one or more of these actual or perceived characteristics.

WHEREAS, education has played a critical role in furthering diversity, tolerance, and strengthening our society; and

WHEREAS, the Declaration of Independence of the United States of America recognizes every individual's right to life, liberty, and the pursuit of happiness; and

WHEREAS, the U.S. Supreme Court in Plyer v. Doe 457 U.S. 202 (1982) has affirmed the right of all children to a free and appropriate public education regardless of immigration status; and

WHEREAS, California Education Code Sections 220, 234, et seq. assert the right of all students to be in a public school learning environment free from discrimination, harassment, bullying, violence, and intimidation; and

WHEREAS, the Turlock Unified School District does not solicit, collect, or maintain information regarding student immigration status as per Education Code Section 48204.1 which only requires proof of physical residency and not of legal immigration status, place of birth, or social security number for enrollment; and

AND WHEREAS, the Turlock Unified School District Board of Trustees is committed to cooperating with local, state, and federal law enforcement agencies to provide access to students in cases where student or community safety is immediately threatened due to criminal activity and does not include access to student or student records related to immigration status.

NOW, THEREFORE, BE IT RESOLVED that the Turlock Unified School District Board of Trustees directs the Superintendent to support a safe and secure learning environment for all students through the following actions:

1. Prohibit the release of student records without proper legal authority;

2. Direct staff to immediately notify the Superintendent or designee in the event that law enforcement seeks the release of student records and to allow time for the evaluation of such requests prior to the release of information;

3. Direct staff to prevent Immigration and Customs Enforcement agents from entering school sites unless they have received permission from the Superintendent and have provided a proper warrant, subpoena, or court order;

4. Require staff to continue to treat all students equitably related to the provisions of all educational services and programs without regard to a student's national origin or immigration status as required by law;

5. Allocate adequate resources to support diversity, inclusion, and the values of a multi-cultural society, including counseling to any student who is experiencing anxiety or concern due to national and local conversations regarding immigration; and

6. Communicate this resolution and its essential points to staff and parents, translated in various languages, in a manner that the Superintendent believes to be most appropriate and

AND BE IT FURTHER RESOLVED, that the Turlock Board of Trustees declares the District's commitment to ensuring a safe educational environment for all students.