The Temecula Valley Unified School District (TVUSD) board voted unanimously on Tuesday, Dec. 17, to rescind two controversial policies after a ruling from the California Public Employment Relations Board (PERB) agreed with the teacher’s union that proper procedural process and clarification of policy language was needed. The board’s decision addressed the parental notification policy and flag policy, both of which had garnered significant community attention and were policies that three board members ran their campaigns supporting and won. The two policies also fueled a recall against Dr. Joseph Komrosky, the board president, which passed, but then he was re-elected in the Nov. 5 election by his district voters.
PERB, a quasi-judicial agency overseeing collective bargaining disputes, ruled on Oct. 14 that the district failed to properly negotiate the Parental Rights policy with the teachers’ union in the form of a type of decisional bargaining that includes seeking union input before crafting and adopting the policy. TVUSD counsel allegedly defended the policy arguing that district policies involving parents have NOT historically been required in decisional bargaining. Though effects bargaining could have given the union an ability to be involved in crafting Administrative Regulations for implementing policy afterward, it’s unclear as to what the district provided in terms of notice and opportunity to negotiate over these decisions.
Ultimately, PERB did not find the content of the Parental Rights policy illegal, but they did make the binding decision requiring the process to be regarded as a type of decisional bargaining. With the flag policy, PERB ruled that the policy language needed additional clarification prior to being enacted to avoid infringing on employee rights.
TVUSD Trustee Jen Wiersma said, “On October 14, 2024, the Public Employment Relations Board (PERB) issued a decision siding with the charging party (Temecula Valley Teacher’s Association, California Teacher’s Association/National Educators Association) on the process of the TVUSD Board’s adoption of the parental notification and flag policies.”
Wiersma said, “My personal perspective? “Due to the lack of a fully constituted Board being present with a consensus to APPEAL the decision by a November 1st deadline, the Board could not contest the decision and continue to defend its process in adopting these important policies with full context, accurate information, and powerful, diversified representation/counsel.”
Trustee Dr. Joseph Komrosky wrote in part, “I speak personally here and do not represent the entirety of the TVUSD board when I say: “I was not on the TVUSD School board during this time, or I would have most certainly appealed this decision by PERB. This is because this policy and administrative regulation empowered parents and protected the innocence of the children at TVUSD, by reducing unnecessary political and social activism in the classrooms. That said, rest assured Patriots of Temecula, as I will be pushing to not only start the process of bringing the Parental Rights Policy and the Flag Administrative Regulation back during the next January 2025 meeting, but to make them even better, more robust, and consistent with PERB guidelines. Most of the Temecula community knows the values I’ve stood on for the past two years: Empower the Parents and Protect the Students!”
The parental notification policy, adopted in 2023, required schools to inform parents if a student identified as a gender different from their school records. Critics argued it jeopardized students’ privacy and safety. Similar policies in other districts, including Chino Valley and Murrieta Valley, have faced legal and public scrutiny. Governor Gavin Newsom signed AB 1955 in July 2024, outlawing such policies, however, TVUSD has had success in the court system and it remains to be seen if the new law will stand up in court.
The flag policy restricted classroom flags to the U.S. and California state flags, which opponents criticized as targeting LGBTQ+ and Black Lives Matter symbols. Supporters argued it maintained neutral classrooms, free from political or social activism.
New Board Director Emil Barham expressed disappointment, calling the rescindment of the flag policy a “sad day.” He pointed out that classrooms operated without additional flags for the past year without issues and expressed hope that, even though the policy was rescinded, classrooms would continue to be without controversy, continuing to save staff and admin time and resources.
Steve Schwartz, another board member, referred to the flag policy as “arbitrary” and questioned its fairness. While he appreciated the intent to avoid divisiveness, he noted the policy targeted specific flags and required a more balanced approach. However, he did acknowledge during the meeting that it may have saved the campuses from some of the problems the colleges have faced with the Israel vs. Gaza protests.
Wiersma emphasized the need to protect students while ensuring parental involvement, highlighting that many parents desire neutral classrooms. She also expressed optimism about reintroducing improved policies in compliance with the binding PERB decisions.
The board’s decision underscores the challenges school districts face in navigating legal requirements, labor relations, and community values. TVUSD has pledged to revisit and potentially revise the policies to address procedural shortcomings while aligning with state laws.
The debate over these policies reflects broader statewide discussions on parental rights, student privacy, and educational neutrality, signaling that this issue is far from resolved.
Julie Reeder can be reached at jreeder@reedermedia.com.
