The next step in the settlement of the Flores vs. the Morgan
Hill School District lawsuit is near completion as the district
checks references on finalists for the position of trainer to work
with district personnel on harassment issues.
The next step in the settlement of the Flores vs. the Morgan Hill School District lawsuit is near completion as the district checks references on finalists for the position of trainer to work with district personnel on harassment issues.
The lawsuit, which was settled in January, was filed in 1998 by Alana Flores and five other students. It claimed district trustees, Superintendent Carolyn McKennan and other district personnel failed to protect them from physical and verbal abuse from their peers.
The students were thought to be gay by their fellow students.
“We applaud the training program the district is putting in place,” Ann Brick, a staff attorney for the ACLU of Northern California who worked on the case, said Thursday. “The district is definitely moving ahead with the program. We feel confident that once parents understand that this program is about providing a safe environment for all students to learn, they will become its strongest supporters.”
The settlement, according to the ACLU office in San Francisco, includes “a comprehensive training program for administrators, staff and students to combat anti-gay harassment.” It also included a $1.1 million damage award, to be split between the six plaintiffs and to cover costs and attorneys’ fees.
Cost of the settlement is paid through an insurance fund, not from the district’s general fund.
The first step is to hire the trainer. McKennan said the district has narrowed the candidates down to two, but said they could be individuals or companies.
The administrators are scheduled for training before the end of the school year in June. Students – 7th and 9th graders – will receive training in the fall.
In a press release issued Wednesday, School Board President George Panos said the community will have an opportunity to learn about the students’ training before it takes place.
“The settlement’s mandatory training will be provided for all 7th and 9th grade students,” Panos wrote. “It will consist of a 50-minute presentation that will summarize our board policy on harassment and discrimination. The training will not discuss sex and is not a sex-education program.
“The focus will be on preventing physical and verbal harassment or abuse. It will better define and clarify forms of harassment against students and staff based on their sexual orientation or perceived sexual orientation. It will specify that name calling, profanity, lewd gestures and vulgar jokes are forms of harassment, as are inappropriate touching and bullying. All are unacceptable in a safe school environment and cannot be tolerated.
“If parents or students have any questions regarding the mandatory training, I encourage them to attend meetings to be held at each school site in the fall where details of the training will be discussed. School administrators will also be available to further discuss the training.
“We believe that after these conversations both parents and students will better understand that the purpose of the student training is to achieve a goal shared by all at MHUSD: to promote human respect and civility and to provide a safe learning environment for all students.”
Panos said Thursday he is pleased to see progress.
“We are settling in on a trainer,” he said. “Now let’s get this program going.”
When asked if parents would be able to “opt out” their students from the training, as McKennan said during a district Home and School Club meeting in January, Panos said that is not the focus now.
“Let’s not talk about the opt out now,” he said. “Let’s see where everything falls into place. Parents can do what they need to for their kids, but the important thing is to get everybody trained and the program up and running. At that point, we’ll give the community a look-see. They can then see the content is not sexual in nature.”
McKennan reinforced the statements in the press release.
“The program is mandatory,” she said. “The content we are convinced will be high quality and caliber. Our students will be well-served. Once we put everything together in the fall, we will hold forums so that parents can judge for themselves and ask any questions. We are really focused on the idea that it will be positive for our students, that we can create an atmosphere for all students where they can be safe and respected and valued.”
