SACRAMENTO, CA — In a pivotal ruling for parental rights, U.S. District Court Judge Roger T. Benitez refused to dismiss a class-action lawsuit against California’s controversial policies requiring educators to keep parents uninformed when their children express gender confusion or request to change their names and pronouns at school. The decision, handed down on January 7, 2025, denies the motions filed by California Attorney General Rob Bonta and the California Department of Education to throw out the case by arguing that gender secrecy policies were “just a suggestion,” and not mandated on school districts. Now the suit can move forward toward potentially overturning the state’s ban parent notification policies with the passage of AB 1955 last year.

Teachers Not Required to Keep Secrets from Parents
In a powerful statement addressing the rights of educators, Judge Benitez clarified that teachers are under no obligation to follow policies that compel them to deceive or withhold information from parents. Judge Benitez emphasized that “teachers do not completely forfeit their First Amendment rights in exchange for public school employment.” He noted that while teachers may be required to deliver specific curricula, the government cannot force them to act unlawfully or infringe on parental rights. Benitez agreed with the plaintiffs that state policies compel them to act in ways that are “intentionally deceptive and unlawful,” violating the teachers’ First Amendment rights.

Upholding Parents’ Constitutional Rights
Judge Benitez also emphasized long-standing constitutional protections for parents in the upbringing and health decisions of their children. “Parents’ rights to make decisions concerning the care, custody, control, and medical care of their children is one of the oldest of the fundamental liberty interests that Americans enjoy,” he wrote, rebuking the state’s argument that parents have no fundamental right to be informed of their child’s gender identity at school. “However, under California state policy and EUSD policy, if a school student expresses words or actions during class that are visible signs that the child is dealing with gender incongruity or possibly gender dysphoria, teachers are ordered not to inform the parents.”

Ultimately, the judge denied the state’s efforts to dismiss the case, stating, “There are no controlling decisions that would compel this Court to limit or infringe parental rights, notwithstanding the State’s laudable goals of protecting children.”

The ruling directly challenges California’s “Parental Exclusion Policies,” which have allowed schools to hide critical gender identity information from families under the guise of student privacy. Judge Benitez concluded that parents have a constitutional right to know about their child’s gender incongruity, especially when such conditions could lead to significant mental health issues like depression or suicidal ideation.

Broad Implications for State Policy
The lawsuit is now free to move forward, and if successful, it could dismantle policies statewide that currently compel educators to bypass parents on sensitive matters concerning gender identity. This would represent a significant victory for parental rights advocates who argue that these policies infringe on the fundamental rights of families and erode trust between parents and schools.

Legal Counsel Speaks Out
Paul Jonna, Special Counsel for the Thomas More Society, Partner LiMandri & Jonna LLP, and a lead attorney on the case, hailed the decision as a milestone moment for parental rights. “We are incredibly pleased that the Court has denied all attempts to throw out our landmark challenge to California’s parental exclusion and gender secrecy regime,” Jonna said in a press release. “Judge Benitez’s order rightly highlights the sacrosanct importance of parents’ rights in our constitutional order and the First Amendment protections afforded to parents and teachers.”

Jonna emphasized the broader goal of achieving statewide relief for all parents and teachers affected by the secrecy policies, adding, “We look forward to continuing to prosecute this case against California Attorney General Rob Bonta and the other defendants, to put this issue to rest once and for all—by obtaining class-wide relief on behalf of all teachers and parents.”

Reaction from California Family Council
Greg Burt, Vice President of the California Family Council, praised the ruling for upholding parental rights. “This decision is a critical step toward restoring the sacred bond between parents and children,” Burt stated. “When government policies force schools to keep secrets from families, they cross a dangerous line. Judge Benitez’s ruling reaffirms that parental rights are not a secondary concern but a cornerstone of our constitutional freedoms.”

A Collision of Rights
Judge Benitez also addressed the tension between a child’s right to privacy and parents’ right to be informed. While acknowledging the competing interests, he concluded, “In a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child.” This statement sets a clear precedent favoring parental oversight in matters of health and education.

Looking Ahead
As Mirabelli v. Olson proceeds, the case is likely to garner increased attention, setting the stage for a broader examination of how states balance student privacy with parental rights. The outcome could redefine policies across California and potentially influence similar debates nationwide.

About California Family Council
California Family Council works to advance God’s design for life, family, and liberty through California’s Church, Capitol, and Culture. By advocating for policies that reinforce the sanctity of life, the strength of traditional marriages, and the essential freedoms of religion, CFC is dedicated to preserving California’s moral and social foundation.

3 projects to choose from

Join us this Martin Luther King Jr. Day as we spend “a day on, not a day off,” encouraging all Americans to volunteer to improve their communities. Let’s work together to build a stronger Antioch!

This Year’s Services Include:
• Senior Day of Engagement – Antioch Senior Center | 415 W 2nd Street
• Antioch Community Park Revitalization Project | 801 James Donlon Blvd.
• Fremont Elementary School Community Project | 1413 F Street

Register to get involved at antiochca.gov/mlk-day.

Drop-off deadline extended until Thursday morning, Dec. 19

By Trine Gallegos

In its 9th year, Antioch High will host a giveaway on Dec. 20 for AUSD students in need. Some 200 families are helped each with 100+ AHS student volunteers who sort, set and help run the event. This is one of the school’s biggest community project. Click here for the Amazon Wish List.

Donation drop-off deadline extended until Thursday morning, Dec. 19.

This is one of the best things Antioch High does … host a holiday giveaway for our district’s students in need. If you’re an area business and want to do a drive, email TrineGallegos@antiochschools.net. Thanks in advance to all!

Will discuss extending interim superintendent’s contract, hire search firm for permanent position, consider School Plans for Student Achievement, racial equity policy

By Allen D. Payton

During their meeting on Wednesday, Dec. 18, 2024, the Antioch School Board’s new Trustees Dee Smith and Olga Cobos-Smith, who were elected in November to represent Areas 3 and 4, respectively, along with re-elected Area 1 Trustee and current Board President Antonio Hernandez, who ran unopposed, will be sworn in. In addition, the board will also elect a new president, vice president and Board Member Liaison to the Contra Costa County School Boards Association.

The oaths of office will occur at 6:00 p.m. prior to the board’s Closed Session in which they will discuss the extending Interim Superintendent Dr. Rob Martinez’s contract for six months and a Tentative Agreement and Memorandum of Understanding with the California Schools Employee Association #85 – both of which will be voted on later during Open Session, plus legal matters, a Public Employee: Discipline/Dismissal/Release and re-entry of a student who was expelled.

New Trustees Thank Voters

In comments on Facebook, the newly elected board members announced their victories. On Nov. 25th, Brown shared a graphic with the message, “Thank you for your votes and faith in me to lead a positive change in our Antioch schools.”

She also wrote, “I am thankful to my family, campaign manager, media person, volunteers, sponsors, voters of AUSD Area 3, and everyone who encouraged me and prayed for me.

I am also thankful to my opponent, Principal Scott Bergerhouse, for his congratulatory message when he conceded his race. He has many years of education and has been there for countless families, something that I will never deem, but instead, I congratulate him for his many years of service, and the students he impacted.

Since the beginning of this process, I have told myself that slowing down and quitting is not an option. Although I knew I was not only experienced with having a seat at the table, I also deserved to be there.

For those who know me and know what I stand for and those who said she is just ‘A Mom who must have found her voice,’ I’ve always had a voice, and my voice is even louder as the mother of a beautiful daughter who is currently in TK, who will continue to excel, and reach for however many stars as she pleases.

I’m ready to work with ALL students, dedicated teachers, classified workers, school administrators, parents, and most importantly, our current Trustee Board Members.

There is a saying that says, “It takes a village.” I am honored to be part of a village that can help meet our children’s needs.

I will share more later, but for now, THANK YOU! Now, the real work begins.

~ Trustee Elect Dee Brown”

On Nov. 8 Cobos-Smith shared a screenshot of the election result and wrote simply, “Thank you Area 4 voters!!! One more tally on the 13th, but I think it’s safe to say that I will be the new trustee for area 4 on the Antioch school board.”

She already took action during last Tuesday’s city council meeting at which she spoke during public comments on the Council Committee Assignments objecting to District 3 Councilman Don Freitas being appointed to the City-School Committee instead of District 1 Councilwoman Tamisha Torres-Walker. Cobos-Smith cited the violence in that council district which is affecting students in the school district. Freitas then asked to be removed from consideration and to appoint his council colleague. That was agreed to as part of the motion to approve all the appointments which was approved on a 5-0 vote by the council.

Asked why she requeste that, the newly-elected trustee said, “I had a member of the community inform me that there was a young student who was attending a school, here in Antioch, and was related to one of the young men who was killed. When that parent reached out to the principal of that school and asked if there wer any resources to help that student, nothing happened. That really concerned me. There’s been a lot of sensationalism about the violence in the Sycamore area. But there are real children who are living in these homes.”

Asked if more AUSD students living in City Council District 1 experienced more violence than other parts of the city, Cobos-Smith replied, “No. In particular, it’s the gun violence that’s been happening. All the kids have been talking about it. I have some specific goals for the school district that I want to work on.”

Interim Superintendent & Search Firm Selection

Under Action Item 11.J., the board will vote on extending the current contract for Interim Superintendent Dr. Robert Martinez through June 2025. The proposed contract for Martinez includes a base annual salary of $353,045.

Following a solicitation of proposals and receiving four, under item 12.A. the trustees will also vote to select a search firm for hiring a permanent district superintendent and/or for consultation services to assist the Board of Trustees with goal development. 

School Plans for Student Achievement

In addition, under Action Item 11.G., according to district staff, the board will vote on School Plans for Student Achievement (SPSA) for sites in receipt of federal categorical funding as presented.

As per District Board Policy 0420, each district school shall establish a school site council to develop, approve, and annually review and update a School Plan for Student Achievement (SPSA) for schools that participate in state and federal categorical programs. The Board shall, at a regularly scheduled Board meeting, review and approve each school’s SPSA.

Each of the following schools participates in a federal categorical program(s) and is designated as a school-wide program (SWP). SWP schools are not required to identify specific students as eligible to participate in programming, nor are they required to ensure that Title I services are supplementary. This flexibility allows schools to maximize the impact of federal investment in support of all students that align with school and district goals outlined in the Local Control and Accountability Plan (LCAP).

Title I-designated schools received a portion of unused funds from the previous fiscal year. This extra allocation of funds is included in the updated SPSA, which received original Board approval in June 2024. All plans for the following schools were approved by their elected School Site Councils. District staff reviewed the plans to ensure that funding is used appropriately to support student achievement as required by the California Education Code. SPSAs are included for all District schools.

Racial Equity Policy

Under Item 17.A. the trustee will consider adopting new Board Policy 0415.1 Racial Equity.

According to the staff report, “The Governing Board of the Antioch Unified School District believes that meeting the needs of all students requires a commitment to racial equity in both the learning environment and opportunities provided, focusing on equitable outcomes for all. The historical and persistent opportunity gaps between racial and ethnic groups in AUSD are unacceptable and have significant consequences, representing an unfulfilled promise to our students.

Acknowledging the complex historical and societal factors that contribute to these disparities, the Board affirms it is a moral imperative to overcome these inequities so that race is no longer a predictor of achievement, school experience, or success. To address and eliminate institutional racism, barriers to achievement, and implicit biases, the District will actively identify and work to remedy practices, policies, and institutional systems that negatively impact learning, perpetuate opportunity gaps, and limit equal access for all students.”

The Board meetings are held in the District Office Board Room at 510 G Street in Antioch’s historic, downtown Rivertown with the Closed Session beginning at 6:00 p.m. and the Open Session at 7:00 p.m. The meeting can be viewed live on the AUSD YouTube channel at www.youtube.com/@AntiochUnifiedSchoolDistrict.

See the complete board meeting agenda at  https://go.boarddocs.com/ca/ausd/Board.nsf/Public.

Introduced by Senate Majority Leader Lena Gonzalez

“to protect California schools from a drop-off in attendance or funding in response to federal threats of mass deportation.”

By Liz Sanders, Director of Communications, California Department of Education

SACRAMENTO—State Superintendent Tony Thurmond is sponsoring legislation introduced by Senate Majority Leader Lena Gonzalez (D-33) on Monday, December 16, aimed at keeping U.S. Immigration and Customs Enforcement (ICE) agents off of school campuses to protect California schools from a drop-off in attendance or funding in response to federal threats of mass deportation. 

The legislation to be introduced by Gonzalez will protect California schools from a potential decline in attendance or funding during potential increased immigration enforcement by protecting school zones, as well as school data and sensitive family information. 

The bill would: 

• prohibit school districts, county offices of education, charter schools, and their personnel from granting U.S. Immigration and Customs Enforcement (ICE) officers or other federal authorities access to campuses without a judicial warrant;
• prohibit police cooperation with any immigration enforcement efforts within a one-mile radius of school to ensure a safe corridor for parents to bring their children to and from school; and
• prohibit the sharing of any information about students, families, their households, or school employees with ICE officers.

“This bill seeks to push back against threats of deportation that create fear in immigrant families. These practices suppress school attendance and rob schools of needed revenue,” said Thurmond. “I am honored to partner with bill author Senator Lena Gonzalez, other legislators, and immigrant rights groups to support our families and keep ICE off our school campuses—period.”

“All California children deserve safe school environments that prioritize student learning, regardless of immigration status,” said Gonzalez (D-Long Beach). “As Chair of the California Latino Legislative Caucus, I’m proud to be partnering with Superintendent Tony Thurmond to author this important legislation, which will prevent disruptions to student learning, keep children in school, and prevent families from being torn apart.”

Research has shown that immigration enforcement in the area of schools has a chilling effect on school attendance for students from impacted communities, regardless of students’ citizenship or immigration status. It is reasonable to expect such adverse impacts on immigrant communities throughout California.

The legislation would also strengthen safeguards against unauthorized disclosure of education records and personal information to federal agents. Combined, these protections would ensure that families are able to safely send their children to school without fear of being separated from their children, and families would also be able to fill out necessary school forms that are essential to students’ well-being and educational services without fear of being separated from their children.  

In California, 93 percent of children who have one or more undocumented parents are U.S. citizens. Additionally, all children in the United States, regardless of immigration status, have a right to a free and appropriate public education. 

The proposed bill reflects California’s commitment to ensure that pandemic-era increases in chronic absenteeism do not recur and also reiterates California’s commitment to make sure that schools are welcoming environments where all families can safely bring their children to learn. It aligns with California’s broader efforts to promote equity, inclusion, and the protection of immigrant communities. 

As schools continue to face challenges related to student safety and data privacy, this bill sends a strong message that California is committed to safeguarding our students and families.

Mayors will gain tools and training from the Bloomberg Center for Cities at Harvard University, Bloomberg Philanthropies, U.S. Conference of Mayors, and the Institute of Politics at Harvard Kennedy School to set strategic priorities and build an effective city hall organization through the first 100 days in office.

The new class hails from 12 states and represents more than 5 million residents nationwide.

By Bloomberg Center for Cities at Harvard University

Cambridge, Massachusetts – (December 4, 2024) – This week, Mayor-elect Ron Bernal of Antioch, CA, is participating in the First 100 Days program at the Bloomberg Center for Cities at Harvard’s Kennedy School. This program assists mayors in gaining the tools and training to help them set strategic priorities and build an effective city hall organization through the first 100 days in office. This year’s program is taking place from December 4–December 6, 2024.

In this year’s class, 24 new mayors from 11 states across the country will come together to receive world-class training from Harvard faculty, urban innovation and management experts, and other mayors on how to deliver for residents. Thanks to a generous gift from Bloomberg Philanthropies, participation for mayors is fully funded, including tuition, accommodation, most meals, and airfare.

“The Bloomberg Center for Cities Program for New Mayors: First 100 Days equips newly elected U.S. mayors with the tools and techniques they need to lead as they begin their transition from campaigning to governing,” said James Anderson, who serves as the head of Government Innovation Programs at Bloomberg Philanthropies. “You only get to be the new kid on the block once — and this program helps ensure these mayors have ready access to insights from seasoned mayors, evidence about what works in leadership and public management, and connections to a peer group that is going through the same things. Alongside the Bloomberg Center for Cities at Harvard, our team at Bloomberg Philanthropies together with the Institute of Politics and the U.S. Conference of Mayors support these new mayors in building effective, talented teams, forging citywide coalitions, and injecting their city hall organization with a culture of innovation so that in their critical, early days in office, they can set ambitious priorities and deliver.”  

As new mayors prepare to take the reins in city halls across the country, 24 newly-elected U.S. mayors have been selected for the Bloomberg Center for Cities at Harvard University’s Program for New Mayors: First 100 Days, delivered in collaboration with Bloomberg Philanthropies, The U.S. Conference of Mayors, and the Institute of Politics at Harvard Kennedy School.

Cities increasingly confront complex global challenges at the community level. The Bloomberg Center for Cities at Harvard’s Program for New Mayors is designed to maximize mayors’ potential for innovation and problem-solving, equipping newly-elected leaders with the skills to make the most of their roles and improve residents’ quality of life. Through the program, mayors will receive training from Harvard faculty, urban innovation and management experts, and other mayors on how to set strategic citywide priorities, build effective city hall organizations, foster collaboration across departments and sectors, and deliver for residents—establishing a strong foundation for their administrations during their critical early days in office.

To kick off participation, the newly-elected U.S. mayors—collectively representing 11 states and over 5 million residents—will convene for a two-day immersive classroom experience at Harvard University. In addition to the core coursework and connection with peers, the Program for New Mayors provides opportunities for new mayors to share strategies with other mayors through the Bloomberg Center for Cities’ vast mayoral leadership network and learn about interventions that are already working effectively to better resident lives in other cities.

Program alumni have deployed the program’s learnings to lead their communities through unexpected crises, establish working coalitions with diverse stakeholders, and set ambitious goals to meet complex challenges — from tackling homelessness to improving housing access, critical water infrastructure, or government performance — in order to better serve residents’ needs.

The Program for New Mayors is housed at the Bloomberg Center for Cities at Harvard University, which serves a global community committed to improving public management, leadership, and governance. Founded in 2021 with Bloomberg Philanthropies, the Center is part of Michael R. Bloomberg’s commitment to the University to help bolster the capabilities of mayors and their teams.  The Center’s cross-Harvard collaboration unites expertise focused on cities across disciplines and schools to produce research, train leaders, and develop resources for global use. The Center is designed to have a widespread impact on the future of cities, where more than half of the world’s people now live, by informing and inspiring local government leaders, scholars, students, and others who work to improve the lives of residents around the world.

The Program for New Mayors builds on the longstanding tradition of a seminar for new mayors that originated at Harvard’s Institute of Politics in 1975.

Members of the Third Class of the Program for New Mayors: First 100 Days

1. Ron Bernal – Antioch, CA
2. Raj Salwan – Fremont, CA
3. Adena Ishii – Berkeley, CA
4. Kevin McCarty – Sacramento, CA
5. Dan Lurie – San Francisco, CA
6. Christina Fugazi – Stockton, CA
7. Andrea Sorce – Vallejo, CA
8. Alyia Gaskins – Alexandria, VA
9. Emma Mulvaney-Stanak – Burlington, VT
10. Bruce Rector – Clearwater, FL
11. Kaarin Knudson – Eugene, OR
12. David LaGrand – Grand Rapids, MI
13. Jimmy Gray – Hampton, VA
14. Beach Pace – Hillsboro, OR
15. Patrick Farrell – Huntington, WV
16. Michael Zarosinski – Medford, OR
17. Mark Freeman – Mesa, AZ
18. Janet Cowell – Raleigh, NC
19. Danny Avula – Richmond, VA
20. Julie Hoy – Salem, OR
21. Lisa Borowsky – Scottsdale, AZ
22. Jake Anderson – St. Cloud, MN
23. Dustin Yates – St. George, LA
24. Kevin Sartor – Surprise, AZ

Read more about the Program for New Mayors: First 100 Days.

Allen D. Payton contributed to this report.

Following promotion in June

By Antioch Police Department

Congratulations to Lieutenant Matt Koch on his outstanding achievement of graduating from the prestigious Sherman Block Supervisory Leadership Institute (SBSLI)!

SBSLI, established by the California Commission on Peace Officer Standards and Training (POST), is one of the most respected leadership programs in law enforcement. Over the course of eight months, participants engage in intensive training designed to enhance leadership, critical thinking, and team-building skills. SBSLI challenges its graduates to reflect on their leadership styles, develop emotional intelligence, and master the tools needed to inspire and guide their teams in today’s dynamic public safety environment. The institute is name for the 29th Sheriff of Los Angeles County.

The dedication and perseverance it takes to complete this rigorous program are a testament to Lt. Koch’s commitment to excellence. His graduation is not only a personal milestone but also a win for our entire team, as he brings back invaluable insights to help strengthen our department.

Interim Chief Brian Addington and Captain Joe Vigil were honored to attend the ceremony in Del Mar, California on Wednesday, Nov. 20, 2024, to support and celebrate this incredible achievement. Lt. Koch, your hard work and determination continue to make us proud!

Koch began his career in law enforcement with the Antioch Police Department as a cadet in 1996, then served as a reserve officer in 1999 until being hired as a police officer in August 2001. He was promoted to the position of lieutenant in June.

Join us in congratulating Lt. Koch on this significant accomplishment! #leadership #sligrad #excellenceinprogress #proudmoment

Allen D. Payton contributed to this report.

By Allen D. Payton

After the latest results were provided on Friday afternoon, Nov. 15 by the Contra Costa County Elections office, candidate for Antioch School Board Area 3 Trustee Scott Bergerhouse conceded to and congratulated his opponent, Dee Brown and thanked those who voted for him.

In a post on his campaign Facebook page on Sunday, Nov. 17, which he added to later, the former district administrator, high school principal and first-time candidate wrote, “Thank you to everyone who supported our campaign, showed up to events, volunteered, and cast your vote. Although the results were not what we hoped for, I am incredibly grateful for the opportunity to connect with our community and share a vision for putting students first.

I want to congratulate Dee Brown and Olga Comos-Smith and offer my best wishes as they step into this role. Our schools, students and families deserve a strong advocate, and I am hopeful for the future of our district.

Thank you again for your support, encouragement, and commitment to our schools. This journey may be ending, but my dedication to our community and to the success of every student in Antioch remains as strong as ever.”

The latest unofficial election results update show Brown continuing to lead Bergherhouse by 594 votes. She has 4,675 votes of 53.39% to his 4,081 votes or 46.61% of the vote.

The Elections Division of the County Clerk-Recorder’s Office also shared the following information about the remaining ballots to be processed in the county:

Ballots voted at a voting location – 0

Vote-by-mail ballots received on or before Election Day – 0

Vote-by-mail ballots received after Election Day – 600

Provisional ballots – 5,000

Conditional Voter Registration Provisional ballots – 5,000

Other (In Review, Damaged) – 4,000

Total – 14,600

Next Results Expected: Friday, 11/22/2024, 4:00PM.

———————-

Brown and Area 4 Trustee-Elect Olga Comos-Smith are expected to be sworn in at the school board’s next meeting on Wednesday, Dec. 18, 2024, inside the AUSD District Office Board Room at 510 G Street.