Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Federal judge defends teachers right to say ‘no’ to California’s gender secrecy policy

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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.

Antioch man, Brentwood woman in custody dispute arrested for shoot-out in Pleasant Hill injuring their child

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Larry Neal, Jr. in 2017. Photo by Pittsburg PD

3rd arrest this year for Larry Neal, Jr. who was also injured and has history of arrests

By Pleasant Hill Police Department

The Pleasant Hill Police Department is investigating a shooting that injured an adult male and a child. Two arrests have been made.

On December 23, 2024, at about 11:49AM, the Pleasant Hill Police received several calls about numerous gunshots in the area of Contra Costa Blvd. and Vivian Drive. Responding officers were quickly able to locate three vehicles that were involved in the incident. The driver of one of the vehicles, Larry Neal, was struck by gunfire in the hand. A 7-year-old child was inside one of the involved vehicles and sustained minor injuries. Both were treated and released from local hospitals.

The investigation shows that this incident began as a custody dispute between the parents of the injured child and was not a random act. The occupants of two of the vehicles exchanged gunfire with one another at close range.

Contra Costa Blvd. was closed to traffic for several hours but has since reopened.

Alexis Janay Sidney (age 38, born June 9, 1986) of Brentwood was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle

Larry Darryl Neal, Jr. (age 27, born Dec. 6, 1997) of Antioch was arrested for felony violations of PC 273a(a)- Child Endangerment and PC 246- Shooting at an Occupied Vehicle, and PC 29800(a)(1)- Convicted Felon in Possession of a Firearm.

Both were booked at the Martinez Detention Facility.

Our agency is still actively investigating the shooting and ask that anyone with information contact the Pleasant Hill Police Department Investigations Division at (925) 288-4630

Case Number: 24-3760

According to NBC Bay Area news report, the two are parents of the child and the gunfire was over a custody dispute.

Neal Has History of Arrests

According to the Contra Costa Sheriff’s Department, Neal is five-foot, 11-inches tall, 189 pounds and his being held on $400,000 bail.

According to localcrimenews.com, Neal is Black and was arrested twice this year and twice in 2022. On Jan. 24 he was arrested by Richmond PD for multiple gun charges and on Jan. 25 he was arrested by Contra Costa Sheriff’s Deputies also for multiple gun charges, as well as hit-and-run and evading a police officer with wanton disregard for safety. On Feb. 18, 2022, Neal was arrested by Antioch PD for gun charges including addict in possession of firearm, possession of ammunition and carrying a loaded firearm when not the registered owner. He was arrested later that year on July 23 by Dublin CHP for assault against a peace officer or emergency personnel, driving while under the combined influence of drugs and alcohol and possession of an open container while driving.

As previously reported, in 2017 Neal was wanted by police for fatally shooting a 43-year-old Bethel Island man, Robert Hopkins, Jr., near the Baskin-Robbins in Pittsburg. He later turned himself in. During the trial a video was shown and according to an East Bay Times report, “The shooting, both defense and prosecuting attorneys agreed, was the culmination of a brief, spontaneous argument between Hopkins, Neal, and Neal’s then-pregnant girlfriend, that began with a stare-down between the two men. After Hopkins ran toward the couple, Neal fired five shots at him, striking him four times, according to testimony.” Neal’s public defender argued Neal fatally shot the Hopkins while defending his pregnant girlfriend to get the charges reduced but the judge in the case struck it down. However, the jury convicted Neal of manslaughter. Neal appealed the conviction, and it was later reduced to unlawful firearm activity and his sentence was vacated.

According to the Contra Costa Sheriff’s Office, the five-foot, two-inch tall, 176-pound Sidney is being held in the West County Detention Center on $350,000 bail.

Allen D. Payton contributed to this report.

California begins purge of Christian foster parents in response to new state law

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SB 407 requires affirmation of a child’s chosen gender identity or sexual orientation

By Greg Burt, California Family Council

SACRAMENTO, CA — Christian foster parents with traditional, biblical beliefs on gender and sexuality are being systematically excluded from California’s foster care system due to the enforcement of SB 407. This new law, authored by Senator Scott Wiener (D-San Francisco), mandates that foster parents, irrespective of whether they have an LGBTQ-identified child in their care, must affirm a child’s chosen gender identity or sexual orientation. Neutrality is no longer acceptable under the updated guidelines issued by the California Department of Social Services (CDSS). (Read guidelines here: https://www.cdss.ca.gov/Portals/9/Additional-Resources/Letters-and-Notices/ACLs/2024/24-69.pdf?ver=2024-11-19-154231-617)

According to a letter distributed to all county and state-licensed foster care agencies last month, “Each resource family must have the capacity, ability, and willingness to safeguard a child’s or non-minor dependent’s personal rights and respect and honor the child’s identities regardless of their own values and beliefs.” The letter further asserts that any failure to affirm a child’s self-determined identity constitutes a “risk or threat” to the child’s health and safety. Consequently, this would result in the denial of foster care applications or the revocation of existing approvals.

This policy shift underscores a troubling development: the state now regards traditional views regarding gender and sexuality as harmful, not only to foster children, but to all children under the system’s care.

The California Family Council (CFC) recently received a call from a foster father who, along with his wife, had provided temporary care to multiple young children over several years. Despite their history of offering loving homes, their social worker denied the renewal of their foster care license because they could not commit to affirming any identity a child might choose. This was a marked departure from previous practices, where their beliefs were accommodated, and they were not assigned LGBTQ-identified children.

“Their social worker told them that under SB 407, the promise of affirmation is now a requirement for fostering any child, regardless of age,” said Greg Burt, Vice President of the California Family Council.

Leading Christian legal organizations specializing in religious liberty cases have condemned the CDSS directive as unconstitutional. Kevin Snider, Chief Counsel for the Pacific Justice Institute, highlighted the broader ramifications of SB 407.

“The implications of SB 407 and the recent Directive from the Dept. of Social Services is that foster families holding religious or traditional views on gender and sexual orientation are unqualified to provide care for foster children,” Snider explained. “California parents may think, ‘This doesn’t concern me — I’m not a foster parent.’ In fact, it does concern you. There is now a very small step for the state to deem any parent as unfit to raise their own children if the family holds a view that contradicts the state’s ideology on gender and sexual orientation. This could result in a visit by Child Protective Services with tragic consequences for the home.”

Kelly Rickert, an attorney with Advocates for Faith and Freedom, emphasized the dire need for foster parents in California, particularly in Los Angeles County, which has over 25,000 foster children in care. She said, “For centuries, Christians have stepped up to care for these children.  But now, the State is stripping Christians who have previously provided years of care of their foster care licenses because they cannot in good conscience agree to promote the state’s onerous directives promoting LGBTQ+ ideologies.”

Rickert also pointed to legal precedents, such as Fulton v. City of Philadelphia (2021), “the Supreme Court struck down a Philadelphia policy denying contracts to a foster care agency because it would not certify same-sex couples as foster parents – because it violated the First Amendment’s Free Exercise clause.” Rickert believes the CDSS directive is similarly unconstitutional. “It is heartbreaking that the State of California elevates political ideology over the welfare of children in need,” she said.

CFC Vice President Greg Burt expressed disappointment at how religious freedoms were disregard during the legislative process. The CFC consistently lobbied against SB 407, warning lawmakers of its illegality and its potential to alienate prospective foster parents. “California is already struggling with a foster parent shortage, yet Senator Wiener and his allies are driving away faithful families who provide stable, loving homes,” said Burt. “This law doesn’t just hurt foster children—it actively discriminates against foster parents who are willing to love and care for any child but refuse to compromise their deeply held religious beliefs.”

Check out similar cases of Christian discrimination related to foster care and adoption at the Alliance Defending Freedom.

Watch https://www.youtube.com/watch?v=Y3nKm8kESKs&t=2s excerpts from the SB 407 hearing above when the bill went before the CA Senate Human Services Committee. Watch the full hearing here: https://www.youtube.com/watch?v=KDzrwfn0RwI

Contra Costa expands Basic Health Care coverage for uninsured illegal immigrants

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After Supervisors made the estimated 10,000 residents in county eligible 

“While Medi-Cal…includes undocumented residents, some…earn too much money to qualify. And they are not eligible for CoveredCA because they’re undocumented.” 

By Contra Costa Health

Contra Costa Health is now offering affordable health care coverage to uninsured county residents who don’t qualify for Medi-Cal or CoveredCA.

Potentially eligible residents can now call a financial counselor at 1-800-771-4270 to ask about enrolling in Basic Health Care, which offers coverage for primary care, medications, X-rays and more.

While Medi-Cal has expanded to include undocumented residents, some of those residents earn too much money to qualify. And they are not eligible for CoveredCA because they’re undocumented.

“We’re still seeing some people in our community fall through the cracks, unable to get health insurance,” said Gilbert Salinas, chief equity officer for Contra Costa Health (CCH). “Basic Health Care will help fill that gap and give people access to medical care.”

Earlier this year, the Board of Supervisors made undocumented residents eligible for Basic Health Care. It’s estimated that more than 10,000 undocumented residents in Contra Costa are eligible for Basic Health Care.

To qualify for Basic Health Care, residents must have incomes below 300% of the federal poverty level. People enrolled in Basic Health Care will pay a sliding-scale quarterly premium depending on their income up to $20 a month. Enrollment in this program will not be considered as part of a public charge test for immigrants.

Basic Health Care enrollees will be able to access care at Contra Costa Regional Medical Center and the County’s outpatient health centers.

“By improving access to primary medical services through Basic Health Care, we aim to reduce unnecessary visits to local hospital emergency departments,” Salinas said.

For more information, visit our Basic Health Care webpage.

Contra Costa agencies awarded $29.7 million in grants for Head Start early childcare programs

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County, Mexican American Opportunity Foundation and The Unity Council receive funding to offer affordable care for 1,634 infants, toddlers, and preschool children

By Tish Gallegos, Community & Media Relations Director, Contra Costa County Office of Communications & Media

(Martinez, CA) – The Administration for Children & Families (ACF), a division of the U.S. Department of Health & Human Services (HHS), has awarded Head Start grants to three Contra Costa agencies. The five-year awards provide $29.7 million in the first year and similar amounts in each of the subsequent four to provide early childhood education (ECE) to infants, toddlers and preschool children throughout the County.

The grant to Contra Costa County enables it to fully fund its current childcare centers, and to continue existing subcontractor partnerships with KinderCare, Aspiranet, Crossroads/Mt. Diablo Unified School District (MDUSD), and Tiny Toes.  Head Start is also directly funding the Mexican American Opportunity Foundation (MAOF) and The Unity Council to deliver services to Contra Costa children and families.

“We will have Head Start funding for a total of 1,634 slots in Contra Costa County,” explained District 5 Supervisor Federal Glover, Chair of the Contra Costa County Board of Supervisors. “We welcome MAOF and The Unity Council as partners that can help Contra Costa expand access to infant-toddler care and preschool, especially for our Spanish-speaking and immigrant families in parts of West, Central and East County.”

“Contra Costa County is strongly committed to supporting the health and well-being of our children and families through our high-quality child development and education programs” said John Gioia, District 1 Supervisor who chairs the Head Start Committee for the County Board of Supervisors. “We are grateful and proud that the Federal Office of Head Start recognizes our outstanding teachers, administrators, and Early Childhood Education programs by continuing to fund us over the next five years to be the largest Head Start provider in Contra Costa.”

Head Start is a federal program that promotes school readiness for the most vulnerable young children from birth to age five, emphasizing the role of parents as their child’s first and most important teacher. Head Start operates locally to help young children from low-income families prepare to succeed in school, promoting their development through learning, health, and family wellbeing.

In Contra Costa County, funding for the 1,634 childcare slots in Early Head Start (infants and toddlers) and Head Start Preschool (3- and 4-year-old children) is as follows:

“With over six decades of dedication to empowering under-resourced families, MAOF is proud to expand our Head Start services in Contra Costa County,” said Dr. Ciriaco Pinedo, President and CEO of MAOF.  “For 30 years, we have been committed to laying the foundation for the future of generations of families through our Head Start programs and services, and today, through this partnership with the Office of Head Start, we continue this mission with renewed energy and purpose. MAOF will offer full-day year-round services through directly operated sites and partnerships with the YMCA of East Bay, Contra Costa College, and Child Start Inc. We are committed to ensuring that every child in the communities of Antioch, Hercules, Martinez, Pittsburg, Pinole, Richmond, Rodeo, and San Pablo has access to the early education they deserve.  As we continue to grow and serve, we carry with us the unwavering belief in the potential of every child to succeed.”

“Celebrating 60 years of The Unity Council and 11 years in Concord, we’re excited that we are expanding our Head Start services to more communities like Richmond, Pittsburg, and Oakley,” said Chris Iglesias, Chief Executive Officer of The Unity Council. “This grant allows us to continue our mission of serving those who need it most. We are grateful to the Office of Head Start for their support as we look forward to reaching even more families across Contra Costa County.”

To Apply

Families are encouraged to apply for current Head Start and Early Head Start openings by contacting the funded agencies:

Contra Costa County – (925) 272-4727 or [https://ehsd.org,]ehsd.org

MAOF – (510) 977-8667, sguerrero@maof.org, or maof.org

The Unity Council – unitycouncil.org, (925) 798-1013, or headstart@unitycouncil.org

Contra Costa County

The Employment & Human Services Department (EHSD) administers the County Head Start program. EHSD partners with the community to deliver quality services to ensure access to resources that support, protect, and empower individuals and families to achieve self-sufficiency, Head Start families benefit from seamless coordination of services accessible through the full portfolio of County-operated programs including public assistance, nutrition assistance, health, housing, and child welfare. contracosta.ca.gov

Mexican American Opportunity Foundation (MAOF)

Since its founding in 1963 by community leader and civil rights activist Dionicio Morales, MAOF has become one of California’s most prominent nonprofits. MAOF maintains a $250 million operating budget and serves over 125,000 under-resourced individuals annually across nine counties: Contra Costa, Monterey, Kern, Ventura, Los Angeles, San Bernardino, Riverside, Orange, and San Diego. Using a multi-generational approach, MAOF uplifts the whole family through early childhood care and education, community development, senior, and community partnership services. maof.org

The Unity Council

The Unity Council (officially known as the Spanish Speaking Unity Council) envisions a joyful, united, and engaged community where people have the power to shape their lives. Founded in 1964 as a nonprofit community development organization committed to enriching the quality of life primarily in the Fruitvale District of Oakland, its Mission is to promote social equity and improve quality of life by building vibrant communities where everyone can work, learn and thrive. unitycouncil.org

Civil rights lawsuit filed against City of Antioch, Antioch Police, Contra Costa Child Protective Services claims neglect led to 2022 toddler’s beating death

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CONTENT WARNING: Information included may be disturbing to some individuals

Antioch childcare facility, Pittsburg pediatrician also named

Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit

San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.

The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.

The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.

The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.

The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.

“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”

A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth.  When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.

Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.

A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.

Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.

The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.

On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.

Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.

“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”

Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.

Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”

Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”

The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50, filed in U.S. District Court for the Northern District of California.

Correction, Details Provided on Named Parties

However, the name of the business is actually, The Learning Experience.

Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”

Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”

Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”

Singleton Schreiber is a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.

Allen D. Payton contributed to this report.

New laws impacting education go into effect as the school year begins

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George Washington Elementary School Principal Gina Lopez, in Lodi, welcomes students on the first day of school on July 30. Photo credit: Diana Lambert / EdSource

Include requiring menstrual products in elementary boy’s bathrooms – supported by all of Contra Costa’s state legislators; allowing kids 12 or older to consent to mental health care without parental consent, keeping transgender student secrets from parents, climate change instruction, more

By Diana Lambert, Zaidee Stavely, Emma Gallegos, Mallika Seshadri, and Amy DiPierro, EdSource.org, republished with permission

California students, including those in elementary school, will have better access to mental health care, free menstrual products and information about climate change this school year. The expansion of transitional kindergarten also means there will be more 4-year-old students on elementary school campuses.

These and other new pieces of education legislation will go into effect this school year, including a bill that bans schools from suspending students for willful defiance and another that offers college students more transparency around the cost of their courses and the materials they will need to purchase for them.

Here are a few new laws that may impact students in the 2024-25 school year.

Climate change instruction required

Science instruction in all grades — first through 12th — must include an emphasis on the causes and effects of climate change, and methods to mitigate it and adapt to it. Although many schools are already teaching students about climate change, all schools must incorporate the topic into instruction beginning this school year.

Content related to climate change appears in some of the state curriculum frameworks, according to an analysis of Assembly Bill 285, the legislation that created the requirement.

Assemblymember Luz Rivas, D-Arieta, the author of the bill, said the legislation will give the next generation the tools needed to prepare for the future and will cultivate a new generation of climate policy leaders in California.

“Climate change is no longer a future problem waiting for us to act upon — it is already here,” Rivas said in a statement. “Extreme climate events are wreaking havoc across the globe and escalating in severity each year.”

Menstrual products in elementary bathrooms

A new law in effect this year adds elementary schools to the public schools that must offer a free and adequate supply of menstruation products — in order to help younger menstruating students.

Last school year, the Menstruation Equity for All Act went into effect, requiring public schools serving sixth- through 12th-grade students to provide menstruation products. It affected over 2,000 schools.

The new law expands the requirement to public schools that serve third- through fifth-grade students. A Senate analysis of the legislation notes that 10% of menstruation periods begin by age 10, according to a Centers for Disease Control and Prevention report.

The new law requires affected schools to offer free menstrual products in all-gender bathrooms, women’s bathrooms and at least one men’s bathroom on each campus. The legislation, authored by Assemblymember Eloise Gómez Reyes,D-San Bernardino, includes one men’s bathroom on each campus to offer access to transgender boys who menstruate.

Supporters of the bill note that menstruation isn’t always predictable and can strike at inopportune times, such as during a test. Menstruation products can also be pricey — especially for students who might also be struggling with food insecurity.

Girl Scout Troop 76 in the Inland Empire advocated for the bill. Scout Ava Firnkoess said that menstruation access is important to young girls, like her, who started menstruating early.

“I have another friend who also started at a young age. She had to use toilet paper and paper towels because she did not have access to menstrual products,” Firnkoess said in a statement. “We think young students who start their periods need to have access to products, not just those who start in sixth grade or later.”

Younger students on campus

Elementary students may seem to be getting a little smaller this year, as transitional kindergarten classes are expanded to children who will turn age 5 between Sept. 2 and June 2.

Transitional kindergarten, an additional grade before kindergarten, was created for 4-year-old children who turn 5 before Dec. 2. It has been expanded each year since 2022 to include more children aged 4. All 4-year-old students will be eligible in the fall of 2025.

Gov. Gavin Newsom and State Superintendent of Public Instruction Tony Thurmond have celebrated the expansion of transitional kindergarten, pointing to numbers that show enrollment doubled over the past two years, from 75,000 in 2021-22, to 151,000 in 2023-24. However, a recent analysis by CalMatters found that the percentage of children eligible for transitional kindergarten who actually enrolled had gone down 4 to 7 percentage points.

Colleges must disclose costs

The typical California college student is expected to spend $1,062 on books and supplies in the 2024-25 academic year, according to the California Student Aid Commission.

The exact costs can be hard for students to predict, leaving them uncertain about how much money to budget for a given class. Assembly Bill 607, which Newsom signed last year, requires California State University campuses and community colleges to disclose upfront the estimated costs of course materials and fees for some of their courses this school year. The bill asks University of California campuses to do the same, but does not make it a requirement.

The schools must provide information for at least 40% of courses by Jan. 1 of next year, increasing that percentage each year until there are cost disclosures for 75% of courses by 2028. This year, campuses should also highlight courses that use free digital course materials and low-cost print materials, according to the legislation.

Proponents of the law, which was co-authored by Assemblymembers Ash Kalra, D-San Jose; Isaac Bryan, D-Los Angeles; and Sabrina Cervantes, D-Inland Empire, said it will promote price transparency. The bill covers digital and physical textbooks as well as software subscriptions and devices like calculators.

A student speaking in support of AB 607 in May 2023 said she felt “helplessly exposed and vulnerable” when she had to appeal to a professor for help covering the surprise costs of a textbook’s online course content.

“If I would have known that a month ahead of time, I could have organized and evaluated my budget in an effective manner for the entire semester,” said Rashal Azar. “This would have prevented my financial anxiety and not triggered my mental health as well.”

TK exempt from English language test

Students enrolled in transitional kindergarten, also known as TK, are no longer required to take the initial English Language Proficiency Assessment for California (ELPAC). The test, which measures proficiency in listening, speaking, reading and writing in English, is required to be taken within 30 days of enrollment in kindergarten through 12th grade, if parents indicate in a survey that their children speak another language at home.

Previously, transitional kindergartners also had to take the ELPAC when enrolling. But many school district staff and advocates for English learners said the test was not designed for 4-year-old children and that it was not identifying English learners accurately, because the children were too young to answer questions correctly.

The California Department of Education has directed school districts to mark children’s English language acquisition status as “to be determined” in the California Longitudinal Pupil Achievement Data System, if their parents indicate on the home language survey that their primary or native language is a language other than English. These students will take the initial ELPAC when they begin kindergarten the following year.

Californians Together, which advocates for English learners, and Early Edge California, which advocates for quality early education for all children, were among the organizations that celebrated the bill.

“As the parent of bilingual children and a dual language learner myself, I deeply appreciate Governor Newsom, Assemblymember (Al) Muratsuchi, and California’s legislators for supporting our young multilingual learners by championing AB 2268,” said Patricia Lozano, executive director of Early Edge California in a news release. “This bill will create more support tailored to their needs and strengths, so they can learn and thrive from the early years onward.”

Kids can consent to mental health care

A new law that took effect in July makes it easier for children on Medi-Cal who are 12 or older to consent to mental health treatment inside and outside of schools. Children older than 12 on private insurance can already consent to mental health care without parental consent.

Previously, students in this age group could only consent to mental health treatment without parental approval under a limited number of circumstances: incest, child abuse or serious danger, such as suicidal ideation.

“From mass shootings in public spaces and, in particular, school shootings, as well as fentanyl overdoses and social media bullying, young people are experiencing a new reality,” said Assemblymember Wendy Carrillo, D-Los Angeles, author of the bill. “The new law is about “making sure all young people, regardless if they have private health insurance or are Medi-Cal recipients, have access to mental health resources.”

Children who need mental health care but do not have consent from their parents could potentially seek help from social media and other online resources of sometimes dubious quality, according to the legislation.

The legislation allows mental health professionals to determine whether parental involvement is “inappropriate” and also whether the child in question is mature enough to consent.

California Capitol Connection, a Baptist advocacy group, opposed the bill, stating, “In most cases, a parent knows what is best for their child.”

This is not strictly an education bill, but it does affect schools. The law notes that school-based providers, such as a credentialed school psychologist, find that some students who want to avail themselves of mental health resources are not able to get parental consent.

No willful defiance suspensions

Beginning this school year, and for the next five years, California students across all grade levels cannot be suspended for willful defiance.

Acts of willful defiance, according to Senate Bill 274, include instances where a student is intentionally disruptive or defies school authorities. Instead of being suspended, these students will be referred to school administrators for intervention and support.

SB 274 builds on previous California legislation that had already banned willful defiance suspensions among first-through-eighth-grade students, and had banned expulsions for willful defiance across the board.

Studies show that willful defiance suspensions disproportionately impact Black male students and increase the likelihood of students dropping out of school.

Los Angeles Unified, Oakland Unified, San Francisco Unified and other school districts have already banned the practice.

SB 274 would apply to all grades TK through 12 in both traditional public schools and charters. The bill would also prohibit schools from suspending or expelling students for being tardy or truant.

Schools can’t ‘out’ students

After Jan. 1, California schools boards will not be permitted to pass resolutions requiring teachers and staff to notify parents if they believe a child is transgender.

Newsom signed the Support Academic Futures and Educators for Today’s Youth, or SAFETY Act, in July in response to the more than a dozen California school boards that proposed or passed parental notification policies in just over a year. At least seven California school districts passed the policies, often after heated public debate.

The policies require school staff to inform parents if a child asks to use a name or pronoun different from the one assigned at birth, or if they engage in activities and use facilities designed for the opposite sex.

The new law protects school staff from retaliation if they refuse to notify parents of a child’s gender preference. The legislation also provides additional resources and support for LGBTQ+ students at junior high and high schools.

“Politically motivated attacks on the rights, safety and dignity of transgender, nonbinary and other LGBTQ+ youth are on the rise nationwide, including in California,” said Assemblymember Chris Ward, D-San Diego, who introduced the legislation along with the California Legislative LGBTQ Caucus.

 

Bay Area Rescue Mission to hold Back to School Block Party in Richmond Saturday, Aug. 3

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The Bay Area Rescue Mission – recently ranked as one of the top 0.1% nonprofits in the nation, addressing those in crisis – is hosting its annual block party in downtown Richmond on Saturday, August 3rd. The event is just one very visual way in which the Rescue Mission is expanding its good works from San Francisco out to the rest of the Bay Area.

The Back to School Block Party will include a Saturday full of fun individual and family activities – from the Backpack Giveaway to a Blessing Boutique, and Food, Groceries and Housewares Giveaways to The Kid’s Fun Zone. The event will give those in need the ability to “shop” for free resources that will help attendees get ready for the school year, prepare for the cold winter months ahead, get complimentary haircuts and much more. All in all, the event promises to have a real impact on the community.

“The 1,200 backpacks we’re giving away on Saturday were all packed by Chevron employees. They’ve been spoken for as people registered for them,” shared CEO Bram Begonia. “This is a huge thing. We close down the streets. We have gently used and new clothes in our Clothing Boutique. We’ll have a grocery give-away.”

We have Contra Costa Community College giving out food. We’ll have 50 community partners, here,” he added.

Asked if people have to register Bram stated, “The only thing people had to sign up for ahead of time was the backpacks.

Located on MacDonald Avenue between 1st and 3rd Streets, the event will run from 10 AM to 2 PM.

For more information about the Rescue Mission visit www.bayarearescue.org.

 

Patients’ donations of tissue are being hoarded hindering medical research

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Source: Children’s Tumor Foundation

By Annette Bakker, President, Children’s Tumor Foundation

Imagine receiving the shattering news that your daughter has cancer. Suddenly, you’re battling for her life. In the midst of treatment, you’re asked to sign a flurry of consent forms for her tissue to be donated for scientific research. 

Seeking to help others devastated by the same cruel disease, you agree. But in a twist, you’re never told how her tissue samples are actually being used — or if they ever get used at all.

You wouldn’t be alone. I lead the Children’s Tumor Foundation, a nonprofit dedicated to fighting a rare genetic disease called neurofibromatosis, or NF. There’s no cure for the condition, which causes tumors to grow on nerves. The families I work with are desperate for treatments. That’s why they sign the many lengthy “informed consent” documents presented to them at hospitals, asking for permission to use tissue taken for research. But they have no control over how those samples are eventually utilized. Often, specimens simply collect dust on shelves. 

The same thing happens frequently to older cancer patients and those battling other diseases. Many have undergone a biopsy or provided another tissue sample for the purpose of testing or treatment. They often wrongly assume that their samples will be used to aid research, and so sign out of a wish to help others.

Unlike organ donation, the market for “biomaterial” is largely unregulated. Hospitals typically provide it to “biobanks,” storage facilities that enter into partnerships with hospitals to gain access to tissue.

Currently, biobanks often impede medical progress by hoarding specimens. I know firsthand that a lack of access to tumor samples and cell lines is a major problem for NF research. I regularly encounter obstacles in helping researchers obtain these materials. 

Even when biobanks do provide specimens to researchers, they typically choose those with whom they have strong personal relationships or who can help them publish in prestigious publications. That means researchers in many fields lack access to tissue that would validate their hypotheses.

Most cancer patients want to support research, even if they don’t stand to benefit directly. But it’s deeply unfair to take someone’s tissue or bone marrow without telling them how such tissue will be used — or giving them a say in who gets to use it. 

Beyond basic ownership, patients should have more input on how their biomaterial is used. They should be able to decide for themselves which researchers receive their specimens — or consult with trusted patient organizations to make such decisions. They should also have the option to donate only to nonprofit biobanks, or to stipulate that access to their material shall not be restricted at all. 

While some biobanks tout a supposed commitment to valuing patient input, these proclamations are little more than window dressing in practice. To give patients a real say in the tissue donation process, we need patient committees for biobanks at large hospitals. Numerous studies have found that public involvement in biobanks bolsters long-term medical research and ensures more samples end up in laboratories.

Patients deserve transparency and influence when it comes to how their own bodies are used for research. Empowering them to make informed decisions will help accelerate medical progress for the greater good.

For information about the Children’s Tumor Foundation visit www.ctf.org.