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CaliforniaJanice's Journal

Janice’s Journal: The Failure of Fontana

Shame on the Fontana Unified School District!  Members of their Board of Education unanimously agreed last week to bar registered citizens from every school in their district.     The decision applies to all registered citizens, including parents of students in that district, regardless of the offense for which they were convicted and regardless of whether they pose a current danger.

What makes this terrible decision worse is that the school board’s decision was in reaction to a few angry parents who ignorantly proclaimed during a school board meeting that the presence of registered citizens on campus would place their children in danger.

The school district dug themselves into an even deeper hole today when they issued a letter describing and explaining the school board’s decision.  According to that letter, the district now has “a firm practice of zero-tolerance with regard to sex offenders on our campuses.”

The letter also explained that the board’s action “was taken in response to the concerns of our students, parents and community….over a new state law.”  Never mind that the law was passed two years ago and that there were no reported incidents of a child being assaulted by a registered citizen during that time.

The action taken by the Fontana Unified School District must be stopped!  Because if it is not stopped, the same action will be taken by school districts throughout the state of California.  In order to prevent that from happening, the decision of the Fontana Unified School District will soon be challenged in court.

And in the meantime, hundreds of children – children of registered citizens – will be harmed because they will be deprived of their parents’ protection and devotion.   The children of registered citizens will not be taken to, or picked up from school, by their parents.  The children of registered citizens will not have the support of their parents during their academic and athletic activities.

The decision of the Fontana school district reminds me of the night when we testified in opposition to a law being considered by the Santa Ana City Council that would prohibit registered citizens from visiting parks in that city.  After listening to angry and ignorant citizens, one member of the Council stated that she would not allow her children to visit city parks if registered citizens might be present.  She then loudly proclaimed that if someone’s children were going to visit a park in that city, it would be her children and not the children of registered citizens.

Following that proclamation, the Santa Ana City Council unanimously passed the park restriction and for a period of time registered citizens were prohibited from visiting those parks. Also during that period of time, many children of registered citizens were unable to visit the parks with their registered citizen parent.

A series of lawsuits were later filed challenging park restrictions such as those passed by Santa Ana and as a result of those challenges, the parks in that city as well as the parks in other cities throughout the state of California were reopened to registered citizens.

We expect the same result in our challenge to Fontana’s shameful decision to prohibit all registered citizens from visiting schools the 45 elementary, middle schools and high schools in that district.

Read all of Janice’s Journal

Related

Fontana School Board votes to prohibit all access to registered sex offenders on campuses

FUSD Parent Letter

http://www.speroforum.com/a/NIIPTFJTUD5/78850-California-Parents-seek-to-keep-sex-offenders-off-school-campuses?utm_medium=top+3&utm_campaign=NIIPTFJTUD5&utm_content=78850&utm_source=front&utm_term=California+Parents+seek+to+keep+sex+offenders+off+school+campuses#.V-L6rbhE7Dc

 

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Thank you Janice, this is just unbelievable. It must STOP here. Fontana. City Hall. County of San Bernardino. STATE of California. PERIOD. No revisiting Santa Ana City Parks OC nightmare.

We have had similar issues in Wi. See below legislation. BACKGROUND A person must register as a sex offender with the Department of Corrections (DOC) if he or she has been convicted of certain sex offenses, found not guilty of certain sex offenses by reason of mental disease or defect, or adjudicated delinquent on the basis of certain sex offenses. The sex offender registry is maintained by DOC and contains information about a person who is required to register (hereinafter, “registrant”), including the registrant’s name, appearance, offense, address, name and address of his or her employment, and any school in… Read more »

It’s far worst here in Wisconsin
Not only does state law ban registrants from going on school grounds, entire local communities and major cities ban registrants living there. At least a registrant can still live in Fontana…..just don’t go near a schoolyard

Well, Erwin, that is not what the statute JM of Wi just posted says, which you just replied to. That statute does not bar any registrant from going on a school campus, it only requires at most that the district administrator be NOTIFIED — you don’t need his/her permission, just let that person know. And if you are on the campus for certain reasons, like voting or to attend a non-school event or activity, or other listed reasons, you don’t even have to give the notice. That is easy compared to CA, even reasonable. In CA you cannot go on… Read more »

Get the fainting couches ready, one of “those people” are on our school campuses targeting “our childrenz.”

Again, we see the pearl clutchers passing a preemptive measure to a nonexistent problem. They might as well be having a war on dust. Makes about as much sense. Fontana is not promoting safety, they’re promoting fear, ignorance, hate and dysfunction.

What really makes me spew coals is they think children reserve the right to reasonable expectation of safety while at school, but they’re okay with having a SO’s reasonable expectation of safety in his/her home circumvented.

You’ve already caused a ruckus. The school board cancelled today’s regularly-scheduled (along with special) meeting (Sep 21), and have rescheduled it for next week. While they’ve cancelled special meetings before, what makes today’s cancellation more apparent is that this is the first regularly-scheduled meeting they’ve cancelled. That means they are worried about the legal ramifications that are about to come their way! Great job!

http://www.fusd.net/departments/board/Dates.stm

Intriguingly, and looking at the Fontana School Board calendar for tomorrow, the 22nd, they are having “Hemlock Coffee With the Principal.”

Could it be? Are they taking the Socratic way out?

Undoubtedly not but still hilarious, nonetheless.

http://www.fusdweb.com/calendar/Lists/Calendar/calendar.aspx

(over a new state law) (passed two years ago) ?

You are right in all you said Janice. Good for you for jumping on this. Yes, it absolutely will spread to every school district if not stopped in its tracks. I’m wondering what the legal argument would be against it. 290 specifically says registrants cannot go on school property without permission, I think it says permission from the principal. This board action would be ordering the principal how to respond: No. You know more about these things than me. However, just to try to be a bit helpful, let me suggest one possible argument, actually gleened from your previous lawsuits.… Read more »

My question would be how will they enforce that at the entrance of a high school football game?? Answer I would not be surprised at all if one or all the board members are on the take with that company that has that photo scan for offenders software. There’s is no other way they could control a sporting event. Something to watch….

If you are in a small town where “Everyone knows everyone and their business” and there is only one high school in that city. Then yes it could be a problem.

They don’t need to ID and stop everyone. But if you get caught because of something you never expected or thought of, you go to prison. The unexpected happens all the time.

I’ve only been on here a year, and I’m from Texas, so I’ve missed a few things.

Would this issue open up both a challenge to the School as well as a challenge to 290’s provision since it violates the Due Process Clause of the Fourteenth Amendment that has already established a parent’s right to participate completely in the raising of their children as being a fundamental right? I think they stopped using Strict Scrutiny on parental rights after 2000 but it probably isn’t needed and could be used again if SCOTUS chooses.

Chris F, you raise a very good point — I almost delved into it in what I wrote above, but did so only tangentially (I think I wrote enough to not elaborate on every point, and I’ll bet everyone else agrees. 🙂 My thoughts were that there is not necessarily any US Constitutional due process right involved here — after all, the courts have ruled there isn’t even any such issue about making you register without any review of you. However, I did mention the possibility that there might be something in education law that does give you some rights,… Read more »

Isn’t banishment unconstitutional? Why aren’t DUI’s or any convict subjected to the same banishment?

Because half of Congress would be on the DUI registry!!

According to the analysis of SB326 before the assembly in 2013, “Under current law, parents and guardians of pupils have a right to participate in the education of their children (e.g., attend special education hearings, parent-teacher conferences, expulsion hearings, etc.). According to the Association of California School Administrators, when notified that a parent or guardian of a pupil is a person who must register as a sex offender, principals honor the right of the parent or guardian by making accommodations as to the place and time the parent or guardian may participate in his or her child’s education. For example,… Read more »

Excellent, you’re getting there. What statute(s) was SB326 referring to giving rights — that is something we need to know, to see how specifically it is written or if it is overloaded with interpretation or exemptions? Was that in education law, or where? I’d have to see the full context of the legislative analysis, it might or might not be very usable in court, it might or might be interpretation too. But it nonetheless gives us the lead to the statutes I was talking about that might give rights, and might conflict with 290 or even override 290, but at… Read more »

That is a good question. I doesn’t look like they reference the law that gives the right. Here is the link to the analysis. http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB326. By the way, many of the analysis tagged onto these type of bills going before the lawmakers are very good, showing what may be wrong with the law, and the legislators routinely ignore it and support the new seks offender law anyway. In court these analysis may find an ear I don’t know, but in the legislatures a much better bet of success in opposing bills is when people just physically show up and speak… Read more »

Yes, the analyses can be used in court to a degree. They can be used in showing or interpreting the legislative session on the matter and, in interpreting the law, be one of the things to consider about the lawmakers’ intent of what they meant to do. As far as how the lawmakers can vote contrary to the analyses, yes, of course they can. That analyses is nothing but information and some advice — and it is far from being the only information, the only knowledge, the only consideration. It is up to the lawmakers to decide what, if anything,… Read more »

Thanks for your diligence, Janice.

I already sent an email to the board members stating all you pointed out, Janice. I added that i hope their children don’t grow to show such bigotry to their neighbors.
I also wonder what would be the outcome of a group of offenders demonstrating at the next board mtgs. They would probably have it on school property so they wouldn’t have to face them.

The only thing I know about Fontana is Kaiser Hospital where I was born. Shortly afterwards, my parents had the sense enough to get up out of that town

Fontana was an old steel town next to San Bernardino. It died back in the 1970s when the steel factory(s) was closed because of air quality regulations. All those good and well paying jobs lost, and so follows the local economy and tax base.

Suppose you’re a registrant on probation with a walking stick standing within legal distance of a school and you see a rottweiler charging toward a 5 year old kid on the play ground. As John Quiñones would say, “What would you do?” Be a hero. Risk violating probation & Fontana city law. Run onto the grounds with your stick to beat that dog silly or shoo it away from the kid OR Do nothing and just watch from a safe distance. You don’t want to risk being sent back to the pen although you MAY get charged for doing nothing… Read more »

We need a version of Janice in Florida. Those same restrictions do exist in Florida, and have existed for a number of years. As a registered citizen I have been banned from participation on my children’s activities, including graduations and concerts.

As I understand this new group, Janice is now everywhere, she has gone national, she is ubiquitous. In fact, with the IML, she has gone international. Watch out world, Janice is on the job!

Unfortunately, Janice can only practice law in California. We need to find a great attorney for each of the 50 States for our reform advocacy. Although, Janice’s work here in California will certainly lay the groundwork for changes in other States and will hopefully cause changes to Federal Laws.

She should be able to get reciprocity to practice in most of the states in a specific case, and she should be able to get entry to the federal courts without a lot of trouble, already being in the State Bar of California and having a track record. Its actually much easier to get into the federal courts.

Fontana declares war on children of parents deemed unsuitable for entry to school campuses regardless of their accomplishments and additions to the academic community. The rights of these children to enjoy the same parental support in their scholarly achievements along with their parents right to assist in their safety and goals have been ruthlessly torn from them without due process in a community which seems indifferent to the needs of children already suffering from too many fear mongering laws. What child doesn’t want and need their parents in attendance for acceptance of their awards, open house, meetings with their teachers… Read more »

Well said. FUSD places the paranoid feelings of a few loud parents above the child’s right to a supportive family.

This is institutionalized child abuse against children of registrants sponsored by the cowardly dimwits on FUSD who cowered to the mob of even more ignorant and self righteous parents.

It is obvious the environmental contamination from the steel industry must have left many brain dead residents as evidenced by their delusions that they above state law. You’ll find many of these hypocrites lined up in church, which is what makes it really nauseating at the very least.

They don’t call Fontana “Fontucky” for nothing

Even my little town in Texas has regulations governing what Sex Offenders can or can’t do, but they somehow managed to have them make sense for the majority of it. Here, a sex offender can’t go to a school unless they have a child there and a reason to go. Basically, they just don’t want an offender hanging out there for no reason. Similar thing with parks. You can go if you have kids and they are with you. If you don’t have kids, you can go if you are using the facilities but can’t loiter in an area where… Read more »

I noticed that the school board and the population of the district is heavily Hispanic. This is a group that historically has known the negative affects of categorizing, generalizing, and oppressive laws. How soon we forget.

I understand. What is worse is that people are making bad decisions, that they know are wrong, but do it anyway. That to me shows a definite loss of moral compass.

That doesn’t mean they are involved in politics or have <elected the school board. Many minorities don't participate for a variety of reasons, as do poor people generally. They are often too busy commuting and working to go to a board meeting or can not afford to take the time to run for these positions. I live in such a community were the hispanic community is about 35%, yet you don't see that percent representation on the local boards. Most of the time they are white retired men or business people like realtors or contractors who have the flexibility to… Read more »

I wonder what steps the school system (the board, teachers, staff, administrators and volunteers) are taking off-paper to identify children who live with FCD parents or guardians? What is the policy they do not dare write? In order to enforce this illegal rule, the school system in Fontucky will have to conduct research and identify those children and watch the adults they associate with to ensure that no FCD parent is on school property. Those children then become a sub-class of student, not part of the good kids, but considered as bad as the FCD parent because of the extra… Read more »

I must hav missed something. What does FCD stand for? Thx.

Former Citizen Detainees = Sex offenders who were once American citizens but have been stripped of their citizenship with the passage of the IML.

GET THEM Janice ! go in there like you got a War pony! I will burn some sage and blow a prayer your way

Does any school board decision to ban registered people from campus help? Does not sound like it given this situation.

Is the boy really a victim here if he knows what he is doing through blackmail? Shouldn’t he face charges too for his felonious act? The boy has a sheet of previous crimes, so he knew what he was doing. Is she a victim maybe of a con artist? Will she get her money back with interest?

http://www.dallasnews.com/news/crime/2017/01/24/sex-middle-schooler-cost-teacher-28k-blackmail-payments-disd-police-say

Teachers on the inside and on campus already

http://www.mystatesman.com/news/state–regional-govt–politics/cases-improper-teacher-student-relationships-hit-year-high/UE0uA8f83tzJGHNrp5GkwO/

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