Attorney parents respond to District urging a return to the bargaining table for legally compliant MOU

March 22, 2021

The attached letter reads in part:

Dear Superintendent Duffy, Dr. Wold, and District Trustees:

We are all lawyers who are committed to supporting the public-school system and write this letter in our personal capacity—as WCCUSD parents—to express our deep concern about the tentative Voluntary Spring In-Person Intervention Plan (the “Plan”) between the District and its six labor unions (the “Unions”).

We appreciate that the District has been working hard to come up with an implementable plan that will be agreeable to its Unions while serving the critical needs of students. However, the legal infirmities in this tentative Plan are so abundant that the only rational explanation can be that the District has not had the benefit of legal counsel while negotiating the Plan. Thus, we feel compelled to inform you of these issues so that the District can make an informed decision to change course before it ratifies the Plan and faces a rush of litigation. We would much rather see the District’s limited resources put towards developing and implementing a legally sound plan than defending an unlawful one.

The following are just a few of the issues that we have identified upon our initial review of the Plan. Given the myriad issues with the Plan, we urge you to immediately return to the bargaining table with a meditator to negotiate a legally compliant Memorandum of Agreement (“MOU”) that (1) enables the District to capture all AB/SB 86 funds (2) incorporates the latest science around 3-foot distancing and cohorts of 14 children, and (3) does not violate the fundamental constitutional rights of the students in this district.

Read the full letter and download the PDF.

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