ME7705963*

NAM

Kevin T. Snider, State Bar No. 170988

1
2
Matthew B. McReynolds, State Bar No. 234797
PACIFIC JUSTICE INSTITUTE
212 9th St., Suite 208
FILED
ALAMEDA COVITY
3 Oakland, CA 94607
AUG 2 8z009
Tel. (510) 834-7232
4 kevinsnider@pacificiustice.org
mattmcrevnolds@vacificiustice.org
5 944- AP
6 Attorneys for Petitioners

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF ALAMEDA
9
AISHA BALDE, JOLENE CHAN, ) Case No.: RG 09-468037
10 TOMMY CHEUNG, DANIEL CHIN, )
HANFORD CHTU, RICHARD CLARK, ) FIRST AMENDED VERIFIED
11 )
DIANE CLARK, MIKEL DEL ) PETITION FOR WRIT OF
ROSARIO, ARCHIE FELIX, PAIME )
MANDAMUS
12 FELIX, WENDY FONG, SUE FUNG, )
13 MARIA GUADALUPE GOMEZ, JUDY)
JOHANSING, DANLIN LI, KERRI )
14 LONERGAN, MATT LONERGAN, )
LINDA MORGAN, JONATHAN )
15 STAIRS, and VICKI STAIRS, )
)
Petitioners, )
16
V. )
17 )
ALAMEDA UNIFIED SCHOOL ) Date: Oct. 5, 2009
18 DISTRICT, KIRSTEN VITAL, ) Time: 9:00 a.m.
SUPERINTENDENT, in her official ) Dept.: 31
19 capacity. ) Hon.: Frank Roeseh
)
20 )
Respondents. )
21
Introduction
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23 Petitioners apply for an issuance of a writ of mandate under Cal. Civ. Proc. Code § 1085
24 to require Respondent to excuse students, upon written request of the parent or guardian, from that
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portion of Safe School Community Curriculum that conflicts with their religious training and
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beliefs and personal moral convictions as per section 51240 of the California Education Code.
27 Parties

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First Amended Verified Petition for Writ of Mandamus
 I 1. Petitioner, AISHA BALDE, is a parent of children who will be enrolled in a school
2 which is under the jurisdiction of the Alameda Unified School District ("AUSD") during the
3 2009-2010 school year.

4 2. Petitioners, JOLENE CHAN and TOMMY CHEUNG, are the parents of a child

5 who will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010

6 school year. As parents of said child, they file this petition jointly.

7 3. Petitioner, DANIEL CHIN, is the parent of a child who will be enrolled in a school

8 which is under the jurisdiction of AUSD during the 2009-2010 school year.

9 4. Petitioner, HANFORD CHIU, is the parent of children who will be enrolled in a

10 school which is under the jurisdiction of AUSD during the 2009-2010 school year.

11 5. Petitioner, JUDY JOHANSING, is the parent of a child who will be enrolled in a

12 school which is under the jurisdiction of AUSD during the 2009-2010 school year.

13 6. Petitioners, ARCHIE FELIX and J'AIME FELIX are the parents of a child who

14 will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school

15 year. As parents of said child, they file this petition jointly.

7. Petitioners, RICHARD CLARK and DIANE CLARK are the parents of a child
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who will he enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010
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school year. As parents of said child, they file this petition jointly.
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8. Petitioners, ARCHIE FELIX and PAIME are the parents of children who will be
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enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010 school year.
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As parents of said children, they file this petition jointly.
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9. Petitioner, MARIA GUADALUPE GOMEZ, is the parent of a child who will be
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enrolledin a school which is under the jurisdiction of AUSD during the 2009-2010 school year.
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10. Petitioner, MIICEL DEL ROSARIO, is the parent of a child who will be enrolled in
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a school which is under the jurisdiction of AUSD during the 2009-2010 school year.
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11. Petitioner, WENDY FONG, is the parent of a child who will be enrolled in a schoo
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which is under the jurisdiction of AUSD during the 2009-2010 school year.
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First Amended Verified Petition for Writ of Mandamus
 1 12. Petitioners, DANLIN LI and SUE FUNG, are the parent of a child who will be
2 enrolled in a school which is wider the jurisdiction of AUSD during the 2009-2010 school year.
3 As parents of said children, they file this petition jointly.

4 13. Petitioners, KERRI LONERGAN and MATT LONERGAN ARCHIE FELIX and

5 J'AIME are the parents of children who will be enrolled in a school which is under the

6 jurisdiction of AUSD during the 2009-2010 school year. As parents of said children, they file this

7 petition jointly.

8 14. Petitioner, LINDA MORGAN, is the parent of children who will be enrolled in a

9 school which is under the jurisdiction of AUSD during the 2009-2010 school year.

10 15. Petitioners, JONATHAN STAIRS, and VICKI STAIRS are the parents of a child

11 who will be enrolled in a school which is under the jurisdiction of AUSD during the 2009-2010

12 school year. As parents of said children, they file this petition jointly.

13 16. Respondent Alameda Unified School District is a unified school district as defined

14 under Education Code §83 and is 'a school established pursuant to Article IX, §6, of the California

15 Constitution.
17. Respondent, KIRSTEN VITAL ("Superintendent Vital") is the Superintendent of
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AUSD, is an employee of AUSD and serves as AUSD's chief executive officer whose duties
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include the implementation of AUSD curriculum in accordance with the California Education
18
Code.
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Jurisdiction and Venue
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18. This action arises under Cal. Civ. Proc. Code § 1085.
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19. Venue is proper in this Court because the principle place of business of the
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Respondent is in Alameda County and the actions complained of occurred within this county.
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Statement of Facts
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20. On May 26, 2009, the AUSD Board of Education adopted the Safe School
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Community Curriculum — Lesson 9, also know as the Caring School Community supplement,
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First Amended Verified Petition for Writ of Mandamus
Lesson 9, for the 2009-2010 school year. (For ease of reference the curriculum will be referred to

as "Lesson 9"). The purported purpose of the curriculum is to teach safety and tolerance on schoo
campuses in accordance with the Student Safety and Violence Prevention Act of 2000 as well as
prevent bullying and harassment pursuant to District Board Policies, Education Code § 200 and
section 422.6(a) of the Penal Code. (A true and correct copy of the relevant portions of the
approved curriculum is attached and marked as Exhibit 1). At issue is what the school has
identified as Lesson 9: Lesbian, Gay, Bisexual, Transgender ("LGBT") instruction.
21. The kindergarten portion of the Lesson 9 curriculum begins with instructions on
how to teach students about what makes Other students feel welcome in anew school. (Exhibit 1,
pg. 1). However, by grades 1-4 the lesson soon moves on to a discussion about what constitutes a
family. (Exhibit 1, pg. 5).
22. The stated objectives for the grade I portion of the curriculum are for students to b
able to 1) "identify what makes a family" 2) "identify and describe a variety of families" and 3)
"understand that families have some similarities and some differences." (Exhibit 1, pg. 5).
Students are also asked to learn "what family members give or share with each other" and the
responsibilities various family members have within their families. (Exhibit 1, pg. 6). In grade 2
students are asked to "be able to identify alternative types of family structures." (Exhibit 1, pg. 9).
In grade 3, students are asked to discuss different family structures with particular care to
"develo[p] sensitivity to gay and lesbian family structures." (Exhibit 1, pg.13). In grade 4 the
students are "introduced to an article by Robert, an 11 year old, whose family has 2 moms."
(Exhibit 1, pg. 17, 21-22)
23. By grade 5 students are taught to "increase their awareness of all stereotypes,
including lesbian, gay, bisexual and transgender people" and that "LGBT people are represented
among all races, genders, religions, socio-economic classes and professions." (Exhibit 1, pg. 23).
24. Petitioners' religious training and beliefs and personal moral beliefs are
inconsistent with the curriculum's instruction on the characteristics of families. As such, the
current curriculum would serve to undermine Petitioners' ability to provide moral and religious

First Amended Verified Petition for Writ of Mandamus

 I training to their children according to their own beliefs. As a result, Petitioners provided written

2 notification to the Respondents pursuant to section 51240 of the California Education Code

3 requesting to be excused from Lesson 9. Section 51240 of the Education Code states in full as

4 follows:

5 "(a) If any part of a school's instruction in health conflicts with the religious
training and beliefs of a parent or guardian of a pupil, the pupil, upon written
6
request of the parent or guardian, shall be excused from the part of the instruction
7 that conflicts with the religious training and beliefs.
(b) For purposes of this section, "religious training and beliefs" includes personal
8 moral convictions."
9 A true and correct copy of Petitioners' requests are attached and marked as "Exhibit 2."
10 25. The attorney for Petitioners sent a letter to the Superintendent of AUSD,
11 Respondent 1Cirsten Vital, in which the Respondents were notified that Lesson 9 falls under the

12 Health Education Content Standards for California Public Schools, Kindergarten Through Grade
13 Twelve 's definition of Health studies. Because Lesson 9 constitutes instruction that conflicts with
14 Petitioners' religious training and beliefs and personal moral convictions, Petitioners were entitled

15 to have their children excused from classes in which the above mentioned materials would be

16 covered. (A true and correct copy of said letter is attached and marked as "Exhibit 3").

17 26. AUSD has responded by letter from Superintendent Vital in which the request to b

18 excused has been denied. Respondents have refused and continue to refuse to comply with the

19 mandate of the statute. (A true and correct copy of the letters received is attached and marked as

20 "Exhibit 4").

21 27. The letter states in pertinent part as follows:

22 ,`On May 26, 2009 the Board of Education approved the motion to
adopt the Caring School Community curriculum supplement, Lesson
23 9 as part of its Safe School Community program. Lesson 9
24 addresses issues of sexual orientation / gender identity. The Board's
motion and approval did not provide an opt out option."
25 In their letter, Respondents have not contested Petitioners' position that Lesson 9
28.
26 falls within the scope of Health Education.
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First Amended verified Petition for Writ of Mandamus

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 I 29. Petitioners' letters stated that if the request to opt their children out of Lesson 9 was
2 denied, that AUSD was to "provide a complete description, including forms or other written

3 materials, for exhausting administrative remedies." Said request for written materials was made

4 under the California Public Records Act (Gov. Code. § 6250, et seq.) In that no description or

5 forms for exhausting administrative remedies was provided, Petitioners have exhausted their

6 administrative remedies. In the alternative, because the Respondents have failed to assert that any

7 administrative remedies are available, Respondents have either waived this procedure or have

8 determined that this procedure would be meaningless.

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10 FIRST CAUSE OF ACTION FOR WRIT OF MANDAMUS

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12 30. The foregoing paragraphs are incorporated herein by reference as though fully set

13 forth.

14 31. Lesson 9 includes instruction that involves health education. As such, pursuant to

15 section 51240 of the California Education Code, parents have the right, upon written request, to
have their children excused from the parts of the Safe School Community Curriculum that conflict
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with Petitioners' religious training and beliefs and personal moral convictions.
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32. Petitioners have submitted the required written requests to have their children
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removed from the LGBT instruction within Safe School Community Curriculum that conflict with
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their religious training and moral convictions and personal moral convictions.
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33. Petitioners are beneficially interested in having AUSD comply with section 51240
21
of the California Education Code.
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34. Respondents, and each of them, have refused to comply with Petitioners' request in
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violation of section 51240 of the California Education Code.
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35. Respondents have the ability to comply with Petitioners' request.
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36. Petitioners petition this Court to issue a writ of mandamus, requiring Respondents
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to comply with Petitioners' written requests and excuse Petitioners' children from the parts of the
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First Amended Verified Petition for Writ of Mandamus
 1 Safe School Community Curriculum that conflict with their religious training and beliefs or
2 personal moral convictions.

3 37. The issuance of the writ is indispensable to the enforcement of the Petitioners' right

4 in that Petitioners have no plain, speedy, or adequate remedy in the ordinary course of law

5 whereby their rights can be upheld or whereby Respondents can be compelled to comply with

6 Section 51240. If the relief sought by this petition is not granted, great and irreparable injury will

7 be caused to Petitioners.

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PRAYER
9
10 WHEREFORE, Petitioners therefore request relief as follows:
1. That the Court issue an alternative Writ of Mandamus commanding Respondents to
12 comply with Cal.Educ.Code § 51240 or to show cause before this Court, at a time specified by
13 Court order, why it has not done so and why a peremptory writ should not issue;
14 2: That, on the return of the alternative writ and the hearing of this Petition, this Court
15 issue its peremptory Writ of Mandamus commanding Respondent to excuse students, upon written
16 request of the parent or guardian, from the parts of Safe School Community Curriculum that
17 conflict with their religious training and beliefs, including personal moral convictions.
18 3. For reasonable attorney fees;
19 4. For taxable costs of suit incurred herein;
20 5. For such other and further relief as the Court deems just and proper.
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Dated: August 26, 2009
22
23 By
Kevin T. Snider
24 Matthew B. McReynolds
PACIFIC JUSTICE INSTITUTE
25
212 9th St., Suite 208
26 Oakland, CA 94607
Tel. (510) 834-7232
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First Amended verified Petition for Writ of Mandamus
 1 VERIFICATION
2
I, Jonathan Stairs, am one of the Petitioners in the above-captioned matter. I have read the
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4 FIRST AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS and am familiar with

5 same. The contents are true and accurate and known to me by personal knowledge except for
6 those matters asserted on information and belief As to those matters, I believe them to be true.
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I declare under penalty of perjury, under the laws of the State of California, that the
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foregoing is true and correct. Executed this 27th day of August, 2009, in the County of Alameda,
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City of Alameda, State of California.
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than Stairs, Petitioner
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First Amended Verified Petition for Writ of Mandamus

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 PROOF OF SERVICE

Bala v. Alameda Unified School District

Case No.: RU 09-468037

The undersigned, being more then eighteen years of age and not a
party to this action, whose business address is 9851 Horn Road, Suite 115,
Sacramento, CA 95827, declares that the document(s) listed below were
served on all parties on August 27, 2009, by mailing a copy, via first-class
U.S. mail, postage prepaid, to the following persons:

Louis A. Leone, Esq.

Katherine A. Alberts, Esq.
2175 N. California Blvd., Suite 900
Walnut Creek, CA 94596
Document(s):
FIRST AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS
I declare under penalty of perjury, under the laws of the State of
California, that the foregoing is true and correct. Dated this 27th day of
August, 2009, County of Sacramento, City of Sacramento, California.

Terri Franklin
Exhibit 1: Lesson 9 Curriculum
 •
Becoming a Welcoming
Classroom Materials:
Grade K Chart Paper
Markers
About Welcoming Class Crayons
Meetings Drawing Paper
A welcoming class meeting
is an introductory lesson to
help students understand
what makes children feel Book
welcome. And, to discover The New Girl...and Me
what the effect is of By Jacqui Robbins
unwelcoming behavior,
such as hurtful teasing, Vocabulary:
name calling and exclusion. Name calling
Exclude
About Welcoming Hurtful
Use this lesson when a new Teasing
student enters your Different
classroom, or when you Similar
observe students' behavior Comfortable
which is hurtful to others.

Lesson Purpose
• To create a more Time Suggested:
welcoming classroom. One 45 minute period
• To have students
understand what makes
them and others feel
welcome or unwelcome
in school.
The Lesson:

1.Gather in a circle and introduce

"Welcome"
Students come with a partner to the
circle. Briefly review the class meeting
rules. Remind the students that
everyone likes to feel welcome and
supported at school, whether they are
new to the school or not. Also, remind
them that no one likes to be teased or
called hurtful words.

2. Discuss what it means to feel welcome

at school.
Explain that the students will talk about
times they've felt welcome and the
times when their feelings might have
been hurt. Point out that this can be a
difficult topic to talk about and that you
would like the students to focus on
listening and responding in a caring
way.
• Ask students for examples.

3. Discuss what it means to feel

unwelcome at school.
• Ask students for examples.

2
 •

4. Read the book aloud The New Girl and

Me

Discuss, asking these questions:

• Have any of you ever been new to a
classroom, join a team or gone to an
event where you didn't know anyone?
• What did DJ do or say that made
Shakeeta feel unwelcome or "not at
home?"
• Has anyone ever seen an iguana?
What does it look like? Eat?
• What finally made Shakeeta feel
welcome?

Activity:

• Using the writing prompt,

"I can help others feel welcome by..."
ask students to respond verbally to
this.
• Have students return to their desks
to draw a welcoming picture.
• Upon completion, bring students
back to the circle to share and
comment
• Display pictures around the room or
in the hallway.

3
Summarize the Discussion
Summarize what the students have said
about why welcoming a new student is
important to the class and school community.
Encourage students to notice both new and
continuing students who might be playing
alone on the playground, and to approach
them with a welcoming voice and gesture.

Reflect and Adjourn the Meeting

Have the students briefly discuss how they

did today listening and responding in a
caring, welcoming way. Adjourn the meeting
and have the students return to their seats.

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Who's In a Family?
Grade 1

About Who's In a Family?

Class Meetinqs Materials
Chart Paper
Holding Class meetings on Markers
identifying families will Drawing Paper
assist students to Crayons
understand that the
common bond that holds all
kids of healthy family
together is love and caring.

Required Book
Lesson Purpose Who's In a Family?
by Robert Skutch
• To identify what makes a
family.
• To identify and describe a
variety of families.
• To understand that
families have some No New Vocaulary
similarities and some Words
differences.

Time Suggested
One Class period

5
3. Discussing student responses:
• Listen closely while recording
and responding to students' comments.
• If a student responds that one family in the
book is made up of a mother, a father
and two children and a cat, you may
acknowledge that some families look
like this, but also ask students for
other examples of what a family can
look like.

Activity:
• Ask students to return to their seats to draw a
picture of their own family.
Post and/or share out.

Additional Activity: (Optional)

• Ask the students to draw a picture that looks

different than their own. For example, a family
who has a grandma, mom, two children and a
dog may be different than their own.
Summarize the Discussion
Upon completion, bring students back to
the circle to share and comment.
Display pictures around the room or in the
hallway.

Review the students' answers to the

question, "What do we know about
families?" Encourage students to notice
all the different types of families that were
in the book. Discuss with them what they
have learned about families from today's
class meeting.

Reflect
Reinforce to students that in our school
and in our community there are many
different types of families that provide love
and care to each other. Remind the
students that all family structures are
equally important.

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 •
The Lesson

Gather students in a Circle for their class meeting.

Introduce the topic, "Caring for the Young".

Label a piece of chart paper,

"What do all parents/caregivers need to do to
take care of a baby?"

Prompt students by asking the following

questions:
• What does a baby need to survive
and grow?
• What is the parent's responsibility in
the care of a baby?
• What do you think makes a baby
smile?
List all student answers/responses.

2. Introduce the book And Tango Makes Three

Before you begin the story ask the students
some exploratory questions:
• Who has been to a zoo?
• What did you see there?
• How did the zoo care for the
animals?
• Did any of the animals live in
families?
• What is a family?
• What do all families have in •
common?

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 •
3. Read And Tango Makes Three aloud to students.
After the story is over, ask students what they liked
best about the story. Then the discussion follows:
• How were Roy and Silo like other penguin
couples/parents?
• How were they different?
• Were they a couple?
• Why do you think Roy and Silo built a nest?
• Roy and Silo were both male penguins. Were
they good parents?
• What makes a "good" parent?

4. Activity
Ask students to return to their seats to draw two (2)
pictures, one of Roy and Silo and one of their own
family. Remind them that all families look different
and all are made up of varying structures.

When students have finished, share out or post.

5. Supplemental Discussion Activity

• Discuss the following with students,
Who are some of the caregivers in your life?
Examples might be day care provider, babysitter,
grandma, etc.
• How are these people important to you?

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 •
Summarize the Lesson:
Reinforce to students that in our school and
community there are many varying family structures.
Encourage students to notice that Roy and Silo were
two male penguins but still were a family.

Discuss with students what they have learned about

families from today's class meeting.

Reflect and Adjourn the Meeting

Reflect upon what is most important in a family is not
who makes up the family but how they care for and
love each other just like Roy and Silo's family.

Adjourn the meeting and have students return to their

seats.

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4. Activity - Creating Family Mobiles

Share an example of a family mobile, or draw one on the

board of a family from the video "That's a Family"
• Instruct students to create and assemble their own
mobiles, decorating a card for each member of their family
to string together for the family tree. They can also make
as many cards as they like for the places, things and ideas
categories.
• Once cards are completed, hole punch each one and
thread cards together in categories. Tie to coat hanger.
(Category prompts)
• People/animals in my family
• Places that are important to my family
• Things my family does together
• Ideas that represent my family
5. Sharing Mobiles
Ask individual students to share their mobiles and tell 3
things about their family, using the cards as prompts.

• Ask the following questions as appropriate:

o What can we learn about families from our
mobiles?
o What types of family structures are included in our
mobiles?
o Are there any family structures missing? If so,
what are they?

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Summarize the Discussion & Reflect on Families

Acknowledge that we have learned about the different family

structures that exist. Some families that we learned of may
mirror your own, and others were a window for you to learn
about and expand your knowledge of what a family may look
like.

All types of families should be respected. What binds a family

together is their love for each other and their common
experiences.

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 Developing Empathy
Being An Ally
Grade 4

About Developing Empa thy Materials:

and Being an Ally Student Copies of
the article
In this lesson students will "My. School is
begin to identify how hurtful Accepting — But Things
name calling can be, and Could Be Better"
by Robert
how important it is to
become someone's ally.

Students will be introduced

to an article by Robert, an 11
year old, whose family has 2
moms. Vocabulary Words
Ally
Empathy
Name Calling
Lesson Purpose Gay
Lesbian
• Students will be able to LGBT
identify ways in which student generated
name calling is hurtful. vocabulary
• Students will learn the list of hurtful words
importance of being an
ally in order to interrupt or
stop name calling.
• Students will be able to
identify helpful strategies Time Suggested
in order to become an ally Two — 30- 40 minute
to another person. sessions.

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 • •
3. Lead a class discussion about whether your students have ever felt
similar to how they imagined Robert felt. Consider prompts to generate
discussion such as:
• What situations led to those feelings?
• How did you respond?
• What made you feel better?
• If you were Robert what would you do when people said things
that felt hurtful?
• Do you have empathy for Robert because of these situations that
you've experienced?

4. Being an Ally
Ally- A person who does something to help or stand up for another
person. For example, if a friend of yours was being teased, you would
be an ally if you asked the person doing the teasing to stop being mean.
• Ask students to number on a piece of paper:
1. I would be VERY UNCOMFORTABLE
2, I would be A LITTLE UNCOMFORTABLE
3. I would be PRETTY UNCOMFORTABLE
4. I would be VERY COMFORTABLE
• Tell students you are going to read some statements about ways
they could be an ally to Robert.
• When you read each statement they will quietly and individually
think which statement most pertains to them. They may then
think about the statement that best describes how they would
feel. Tell the students that there is not a right or wrong way to
respond. Repeat this for each statement.
o Talk to Robert individually and tell him that you are sorry that
• people are calling him names and using phrases like, "this is
so gay".
o Talk to Robert and ask him what he thinks would help people
stop name-calling, Offer to help him.
When you hear a person say something like, "That's so gay"
say, "It's not OK to say that Using the word gay like that hurts
people's feelings."
o Tell a teacher or another adult that you're bothered by the kind
of words you're hearing other students use. Ask this adult to
do something about the situation.

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Handout
My School Is Accepting - But Things Could Be Better
By Robert

My name is Robert I'm eleven years old, and I am in the sixth

grade. I go to an elementary school in Michigan. I have two moms
and a little brother who I love a lot. He is almost five. Our family is
one of just a few families with LGBT parents in our community. I am
proud to have two moms.

My school seems to be OK with people who are LGBT. My friends all

know I have two moms and are OK with it. I think they react better if I
just tell them when we first become friends. I think that if you don't
come out right away when you meet someone, it's like you are not
OK with it, maybe kind of ashamed, and it's easier for other kids to
say mean things to you or about you. At the beginning of each
school year, my moms go and .tell my teacher that I have two moms.
I haven't had one teacher that has been obviously uncomfortable with
it.

The only thing that annoys me at school is when people start saying
stuff like, "This is gay" or You're gay." I think that saying these things
is a way to bully other kids. When I hear people say that, I tell them
to stop, but they normally just keep doing it. The teachers don't do
anything about it either, but some of my friends and their parents tell
them to stop too. But if only a few people are telling the kids who are
saying that to stop, they are just going to keep saying it. (I can't
believe they actually think it is cool to say stuff like that!) I think that
if the schools would start to pay attention more, they would see that it
is a problem too.

Sometimes, not as often, some of the boys in my school (always the

boys) have started saying stuff like, "Dude, you're •a lesbian," I
believe that the children who say this phrase don't understand what
they are saying.

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I think that if some of the kids who have LGBT parents and other kids
whose parents support LGBT people would get together and talk to
the schools about the things kids say, they might pay better attention.
I think one reason I don't do it is that I'm scared the principal or the
other sources of power at the school might discriminate against my
family. The other reason is that there aren't many other kids and their
parents who would speak up.

When kids learn that I have two moms, they are normally OK with it,
Sometimes I'll come across someone who says it is weird by that
doesn't bother me because I'm fine with my family. I tend to not be
very good friends with the kids who say it is weird to have LGBT
parents because I am almost certain that the kids who say that are
some of the few who are not OK with it, I think it helps that my family
and I are so out with who we are.

Other than that situation, my school is very accepting. I could tell just
about anyone that I have two moms, and they would be OK with it.
But until the kids stop saying "This is gay, That's gay", I am going to
do my best to get them to stop saying that and make my school a
safer environment for the other kids with LGBT parents.

Credit: This essay was reprinted with permission from the Colage (Children of Lesbian and Gays
Everywhere) Newsletter, Vol. 18, #3.2006

22
Activity 2

1. Write the acronym LGBT. Ask students the meaning of each

letter. After ensuring that they are accurate in the definitions,
ask students to do the following.
• Form groups of three students each. Ask each group•
to brainstorm all the words that come to mind when
they think about LGBT people. Have one student
from each group record.
• Ask a member of the group to read aloud their list
and post them on the board. Review the whole list.

Ask the class:

a. What do you notice about the words on this
list?
b. Where did you learn the things you
brainstormed?
• Review the class definition of stereotypes.
• Review how stereotypes can be hurtful.
• Ask the group to identify why some things on the list
are stereotypes.
• Discuss why these stereotypes are incorrect and
hurtful to LGBT people and people with LGBT family
members.
• Ask the students, "Looking back at our definition of
stereotypes — is there anything you would add or
subtract?"

Activity 3:
1. Famous LGBT People

Share the names on the list of some famous LGBT people

without mentioning that these people are also LGBT.

Now read the brief biographies of each.

• Which people were you most surprised to learn were
LGBT?
• What does learning something about these people tell
us about stereotypes?

25
Time to Reflect:

We have learned that a stereotype can not only be

inaccurate but can be hurtful and unkind. It can make a
person or persons feel excluded and unhappy.

We all may have different beliefs and a wide range of

experiences and opinions regarding LGBT people, but we
are now better informed as to how important it is to provide
for the safety and well being of each and every person in
our lives.

Assignment: Write a short essay on:

How have your views about any stereotypes changed?

26
27
 •

Famous Lesbian, Gay, Bisexual and Transgender People

LGBT

1. James Baldwin: 1924— 1987

African-American novelist, playwright and civil rights activist. Baldwin's
work deals with issues related to being black and gay. He is best known for
his novel Go Tell It on the Mountain.

2. Elton John: 1947— present

An English popfrock singer, composer and pianist. Elton John, who is
openly gay, wrote the music for "The Lion King" and is one of the most
successful musical artists of all time.

3. Ellen Degeneres: 1958— present

An openly American lesbian actress, stand-up comedian, and currently the
Emmy Award-winning host of the syndicated talk show "The Ellen
DeGeneres Show".

4. Chistiana Aguilera: 1980— present

An openly bisexual American pop singer and songwriter. She came to
prominence following her debut album Christina Aguilera, which was a
critical and commercial success.

5. Tammy Baldwin: 1962— present

First American woman elected to Congress from the state of Wisconsin. She
was also the first ever openly gay politician to be elected to the House of
Representatives.

6. Walt Whitman: 1819 — 1892

A gay American poet, essayist, journalist and humanist. He was proclaimed
the "greatest of all American poets" by many foreign observers a mere four
years after his death.

7. Lance Bass: 1979— present

An American singer best known from the former pop group N*Sync. He
came out in 2006 on the front page cover article of People magazine.

28
 Vocabulary Words
Ally: A person who does something to help or stand up for
another person.
Birth Mother, Birth Father: Someone's natural mother and
father.
Bisexual: A person who has a romantic relationship with
either a man or a woman.
Bully: One who talks or acts in a mean spirited way to another
person.
Caretaker/Caregiver: One who cares for or ensures the
safety of another.
Comfortable: To make someone feel free from stress or
anxiety.
Couple: Two people who are married, are living together, or
have an intimate relationship.
Empathy: The ability to identify with and understand
somebody else's feelings or difficulties.
Exclude: Somebody who prevents one from entering or
participating. Somebody who prevents one from being
considered or accepted.
Different: Not the same as something or somebody else.
Family: A family is a group of people living together and
functioning as a single household.
Blended Family: When two separate families join
together to live as one single family unit.
Divorced Family: When the parents in a family are no
longer married. The children live with one or the other
of the parents in an agreed upon decision.
Grandparent Family: When a grandparent is the
primary caregiver of the children in a family.
Mixed Family: When two or more cultures and
ethnicities join together to form one family.
Gay: Both men and women are romantically involved in a
committed relationship with someone of the same sex.
Hurtful: To cause emotional pain or suffering to another
person.
LGBT: An acronym that stands for the words, Lesbian, Gay,
Bisexual, or Transgender
Lesbian: A woman who has a romantic relationship with
women.
Name calling: To call someone, in a hurtful or bullying way, a Teasing: (Good natured) Teasing in a playful back and forth,
name that is unkind or mean. with a friendly tone of voice or laughter. It may also be
accompanied by affectionate gestures.
Parent: A person's mother, father or legal guardian.
Adoptive Parent: One or two people who legally Teasing: (Hurtful) Teasing in a hurtful way is more often
adopt a child to whom one or both of them did not give accompanied by an angry or sarcastic tone of voice and angry
birth. body language. Hurtful teasing can feel like being made fun
Foster Parent: On a temporary basis, one who legally of, or a put-down.
provides a home and cares for a child.
Grandparent: The parent of a child's mother or Transgender: A person whose gender identity and/or
father. This grandparent may also be the legal guardian expression is different from cultural expectations based on the
and caretaker of the child. sex they were assigned at birth.
Guardian: In the absence of a parent, a guardian is a
person that the State allows to legally care and provide
for a child.
Single Parent Family: When only one parent raises
the children in a family.
Step parent: A person who becomes a parent through
the remarriage of a parent to someone who has children. Additional Vocabulary Words
Two Moms: Two women who live together as a
family and are parents of a child.
Two Dads: Two men who live together as a family
and are the parents of a child.

Similar: When something or someone is more alike than

different.

Stereotypes: An oversimplified idea or generalization about a

group of people. Labeling an entire group based on the actions
of some.
 Exhibit 2: Petitioner's Requests
See
h p://www.scribd.com/doc/18557000/Balde-v-Alamedia-Unified-School-District
Exhibit 3: Petitioners' Letter to AUSD
 •
CAP/TAL OFFICE
Pa Boa 3 76600 • liaison-nut. CA 95E27 •
91(, S57.(i900 • FAX 916E57.6901 BRAD W DACUS, EsQ, -
President
SOUTHERN CALIFORNIA OFFICE PACIFIC JUSTICE EDWIN MEESE,
Pa Fox 11630 • Santa Arm CA 92711 INSTITUTE /sumer Attorney Central
71096.7150 • FAX 714.796.71R2 Advitory Board Chu' ail

June 26, 2009

Kirsten Vital, Superintendent

ALAMEDA UNIFIED SCHOOL DISTRICT
2200 Central Avenue
Alameda, CA 94501

Re 1) Excusal Notices for Safe Schools Community Lesson 9 re LGBT

Instruction
2) CA Public Records Act Request

Dear Ms. Vital,

Please be advised that this office represents the parents. guardians and pupils whose
names are indicated on the enclosed letters. Kindly direct all responses to those letters to
this office.

I) Excusal Notices for Safe Schools Community Lesson 9 re LGET Instruction

My clients are requesting that their children be excused from portions of the Safe Schools
Community Lesson 9 relative to LGBT instruction. The authority for opting out of said
instruction comes from section 51240 of the Education Code which states M as
follows:

(a) If any part of a school's instruction in health conflicts with the

religious training and beliefs of a parent or guardian of a pupil, the pupil,
upon written request of the parent or guardian, shall be excused from the
part of the instruction that conflicts with the religious training and beliefs.
(b) For purposes of this section, "religious training and beliefs" includes
persona/ moral convictions.

As per Educ. Code. § 51210.8, the California State Board of Education has adopted
standards for instruction in health education. Those standards have been memorialized in
Health Education Content Standards for California Public Schools. Kindergarten Through
Grade Twelve (March 12, 2008) and thus said publication provides the parameters for
what constitutes health instruction. hi pertinent part, the State Board has determined that
Health Education includes the following:

e "Describe the characteristics of families." pg. 4

Page 1 of 2
June 26, 2009
"Raising the Torch °Eunice for Our civil Liberties"
wwwparifirjustire.org
 • "Describe how members of a family have various roles, responsibilities,
and individual needs," pg. 6
• "Discuss how to show respect for similarities and differences between and
among individuals and groups." pg.I2
• "Demonstrate the ability to support and respect people with differences."
pg.I6
"Examine the effects of bullying and harassment on others." pg.I9
e "Recognize that there are individual differences in growth and
development, physical appearance, and gender roles.' pg.25

A review the Safe Schools Community curriculum reveals that the above items are
present in Lesson 9. Hence, my clients are exercising their right to have their children
excused from said instruction.

Please respond directly to this office as to whether the District will comply with the opt-
out requests submitted by my clients within ten days of the receipt of this letter.

2) CA Public Records Act Request

Finally, please be aware that the enclosed letters by my clients also include requests for
records under Gov. Code § 6250, et seq. Kindly send the responsive documents directly
to this office.

Very truly yours,

Kevin T. Snider
Chief Counsel
PACIFIC JUSTICE INSTITUTE

Page 2 of 2
June 26, 2009
Exhibit 4: Sample Letter From AUSD
 •
Alameda Dulled Salt cat'ithWrict.
Equity & Excellence for Al! Students
Margie Sherratt, Interim Assistant Superintendent
2200 Central Avenue — Room 206E
Alameda, CA 94501
(510) 337-7063

Ms. Aiesha Irene Balde'

737 Eagle Avenue #D
Alameda, CA 94501

July 20, 2009

Dear Ms. Balde',

The Alameda Unified School District has received your letter dated, June 22, 2009,
indicating your intention to opt your children, Tamba, Ibrahim & Maryama Balde', out of
the District's Caring School Community supplement, Lesson 9 during the 2009-2010
school year. On May 26, 2009 the Board of Education approved the motion to adopt the
Caring School Community curriculum supplement, Lesson 9 as part of its Safe School
Community program. Lesson 9 addresses issues of sexual orientation / gender identity.
The Board's motion and approval did not provide an opt out option.

The Alameda Unified School District is obligated to provide a safe and welcoming
environment for all students. This effort is in accordance with legal mandates set forth in
the Student Safety and Violence Prevention Act of 2000, the District's Board Policy
5145.3 (Nondiscrimination/Harassment), Education Code Section 2000, and Penal Code
Section 422.6(a). These laws and policies require that public schools prevent
discrimination and harassment against all legally protected categories of students. A
support guide is being developed by teachers to ensure that the District's policies and
practices protect all legally protected categories.

Lesson 9 will be taught within the first trimester of the 2009 — 2010 school year. Specific
dates and times are not available. Providing them would be impracticable, as teachers in
different grades will integrate Lesson 9 into other educational objectives throughout the
trimester. For example, many teachers will teach Lesson 9 with the HAIR reading series
unit on the Family. Kindergarten teachers may find it appropriate to teach the
Welcoming lesson at the beginning of the school year. Lesson 9 will not be taught on the
same date in all grade levels.

As professional educators, I am confident that our teachers will educate all of Alameda's
children in a sensitive manner.

en VI Margie Shen-a
Superintendent Interim Assistant Superintendent