By Maria G. Ortiz-Briones
Sentinel Reporter
HANFORD - It's not a simple issue for the board of trustees at Hanford Joint Union High School District.
On one side, parents and community members who came Tuesday night to speak out against the new Gay-Straight Alliance student club at Hanford West High School want the board to do something about it.
On the other hand, under the Federal Equal Access Act of 1984, the board and the school district cannot discriminate against non-curricular students clubs, including the GSA club.
"This is not a simple issue," HJUHSD Superintendent Marie Bañuelos said. "It's a very sensitive issue and I have deep respect for those who were willing to come forward and share their views, even if it was not an easy thing."
The board meeting held at Hanford High School's library provided an opportunity for the public to express their opinions about the issue. An overwhelming number of people in the audience were upset about the club and many also voiced their concern about a handout passed out in a Hanford West English class which was part of an exercise in tolerance.
"There are two separate issues, one is the handout and the second issue is the Gay-Straight Alliance club," Bañuelos said. "I can understand how they may connect but these are separate issues."
"This is such a personal issue and involves people's values and beliefs," Bañuelos added. "It's natural to link them together and when emotions get involved, it's difficult to separate the two things."
Before the public comment period started, HJUHSD Assistant Superintendent of Human Resources William Fishbough made a brief presentation to the board and audience to explain two issues - the handout and the GSA club.
Fishbough said the handout is not related to the student club, but instead was part of a lesson in tolerance. Its purpose was to spark some discussion among students in the class, but unfortunately it was taken out of context, he said.
When Fishbough told the board and the audience that "this particular handout will not be used in the future," people in the audience responded with applause.
Originally the public comment period was limited to three minutes per person, or a total of 20 minutes per issue, to allow the board to continue with the rest of the agenda items. However, the comment period went longer than originally scheduled, although for people in the audience it was not long enough and they expressed their disappointment. The board agreed to allow more comments from the public at the end of the meeting.
"This item was placed on the agenda because we wanted to give the public the opportunity to comment on the subject of students clubs," said board president Danny Todd.
During the public comment period, some said the GSA club was "disruptive to the learning process," or could be a "catalyst for disruption." Others were concerned with who was going to oversee the GSA club and how the district could assure parents that their children would be safe.
Some told the trustees if they couldn't educate their children they should "step out" of office while others said they may seek recall if necessary. Some parents offered suggestions and told the board it should ban all non-academic students clubs while others said the district should monitor the club's activities.
Others told the board it should have guidelines concerning the kind of materials that can be used in the classroom since the handout was not part of the school curriculum, while others said teachers need to use more common sense when it comes to materials to be distributed to students.
Other suggestions included some level of parental notification about new clubs as well as having the district request parental permission for students to join any club. Others said children may feel the need to start a GSA club because the school doesn't have professional counselors to help them deal with their needs.
"We understand the arguments for denying this Gay-Straight Alliance club and we understand the concern the members of the community express, and as individuals we may share those concerns," Todd said. "However, the federal law, Federal Equal Access Act, has essentially made this decision for us."
Bañuelos said, "I really understand the feelings of our community. All their comments - pro and con - touched me."
The district's legal counsel, Peter Moock, told the audience that the district can't discriminate against any clubs.
Todd said, "Regardless of our individual or collective beliefs as board members it is clear that, in this case, federal law does not give us the option to take action. Our individual opinions about this are beside the point. As a board, we are required to follow the law. And federal law requires that the school district treat this club the same as all other students clubs.
"The fact that the school is legally required to allow this club should not be interpreted as any indication of the district's or any individual board member's views regarding the club."
Hanford West seniors Anthony Magnia, 17, and Justin Hill, 19, were two of the GSA club members who attended the board meeting to hear what people had to say about their club. Magnia is the president and founder of the GSA club.
Magnia said from the comments at Tuesday's meeting it was obvious that some people "try to twist" anything, such as the classroom handout, "so they can get rid of the club."
Bañuelos said the district will "take a look at our board policy and look at ways to address parents' concerns without violating the law."
Todd said some of the things the district would be discussing could include parental consent for students who want to be part of any club as well as to monitor the clubs to make sure their activities and subject matter are in line with district policy.
"If you monitor one group you have to monitor all groups, which may not be a bad idea," Todd said.
(This reporter may be reached at
mortizbriones@pulitzer.net)
(Feb. 9, 2005)
