latimes--2020-09-01--As fire burns, activists sneak into Point Reyes to bring water to parched elk. Should they?

As darkness fell and a thick Pacific fog crept in over the Point Reyes peninsula on Sunday , a small band of animal activists waited for a National Park Service official to leave his check-post along Pierce Point Road .
He was there to prevent people from going deep into the National Seashore , where forests are aflame , and a skeleton crew of park service employees are otherwise tending to a 3,000-acre conflagration burning at the park ’ s southern end .
At 6 p.m. , as his shift came to a close and he drove away , the @ @ @ @ @ @ @ transporting roughly 200 gallons of water to the park ’ s tule elk , who they say are dying from dehydration — and unable to reach other water sources because of a fence around their preserve — as drought conditions worsen in the region .
“ If the park service refuses to care for the animals that they are mandated by law to preserve , then others have to step in , ” said Fleur Dawes , the communications director for the San Rafael-based organization In Defense of Animals .
Up until this @ @ @ @ @ @ @ local activists were the main ones focused on the plight of this year ’ s elk herd .
But on Monday , a group with a track record of aggressive environmental litigation , the Center for Biological Diversity , urged the park service to provide water to the elk and remove an eight-foot high wire fence that runs across the peninsula , preventing the free movement of the elk .
“ Unlike the privately owned cattle that have unrestrained access to water sources in this area , the elk are protected by federal @ @ @ @ @ @ @ ‘ conserve ’ them for the public and future generations , ” said Katherine Meyer , director of Harvard Law School ’ s Animal Law & Policy Clinic in a statement for the organization .
“ They should not be denied access to the water they need to survive.
” The conflicting needs of the elk preserve and neighboring dairy ranches have long been a flashpoint in Point Reyes , one of California ’ s most beloved seashores .
The latest confrontation comes at a time when the park service is considering a @ @ @ @ @ @ @ the elk — a plan that has pitted the 24 family dairy and beef operators , who lease land in the national park , against animal and environmental activists , who say their operations don ’ t belong there .
Tule elk are known to be relatively resilient to drought conditions , which is one reason national park biologists and others are reluctant to intervene this year .
“ While the stock ponds left from the prior ranching days are frequented by elk ... these ponds actually go dry in most years , @ @ @ @ @ @ @ for Point Reyes National Seashore , in a statement , noting that there “ are a number of seeps and springs in the area that are frequented by the elk.
” The Tomales Point herd consists of 450 elk , fenced into a 2,000-acre reserve that , perched on the northern end of the peninsula , offers sweeping views of the Pacific , Bodega Bay and Tomales Bay .
During a previous drought that ended in 2014 , the herd lost about half of its population , said National Park Service wildlife ecologist @ @ @ @ @ @ @ area and watches over the elk pack .
Since August 23 this year , Dawes said her group ’ s scouts have observed at least a half-dozen dead elk in the park .
Press said he understood the activists ’ concerns , and has been checking on the herd every week .
He said that while he observed the elk had enough water , the National Park Service has plans to put in troughs filled by water trucks if necessary .
He was disheartened to hear that activists had brought in water and @ @ @ @ @ @ @ “ That ’ s a total violation of working within the realm of the national parks , ” he said .
“ This is public land , and we would have to issue a permit for anything like that .
Just speaking hypothetically , what if they put that trough on one of our endangered plant species ?
How would they even know that ?
” One of the ponds the elk regularly drink from was observed dry Friday afternoon .
Hoof prints pocked the surface of the now-muddy pond .
A small @ @ @ @ @ @ @ rested on the dry , grassy hill above .
But the situation is complicated by the nearby Woodward fire , the result of a lightning strike on Aug. 18 .
Though it still remains about nine miles away from where the elk roam at Tomales , it is closer to one of the free-range herds and has led to heavy smoke in the area , along with evacuation orders and warnings .
More than 400 firefighters , many from the park service , are battling that fire , trying to set containment lines @ @ @ @ @ @ @ , has no recorded history of burning , leaving it heavy on fuel .
Other places are steep and wild , making access difficult .
Over the past few days , it has been difficult to discriminate smoke from fog , as both cloud the area , making aerial water drops nearly impossible .
Before the Point Reyes National Seashore was officially established in 1972 , the land was privately owned by ranch families .
For nearly a decade after Congress authorized the park in the 1960s , the government worked to buy @ @ @ @ @ @ @ ranchers to continue operations for decades , sometimes up to 30 years .
Many of those farms , founded by Irish , Swiss and Portuguese immigrants , were part of a dairy industry that sprang up as the Gold Rush increased milk demand in nearby San Francisco , said author Dewey Livingston , who has written about the area ’ s agriculture and is a former historian for the park .
Though elk herds had long roamed the area , they were wiped out as hunting decimated their numbers and grazing herds of @ @ @ @ @ @ @ conservationists moved some of the last tule elk in the state back to the northern tip of the park at Tomales Point in an attempt to save them from extinction .
They were successful , and the “ elk population grew and grew and grew , ” said Livingston .
But elk began pushing onto the better grazing lands of the farms , where appetizing pastures beckoned despite fences and other deterrents , causing “ conflict with the dairy families , ” Livingston said .
An eight-foot-high woven-wire fence now runs across the @ @ @ @ @ @ @ moving onto neighboring ranches .
Amid debates over extending their leases , ranchers would like to see the number of elk reduced .
The proposed Park Service plan calls for culling some herds to keep them at a size that can coexist with the farms .
Kristin Denryter , coordinator of the Elk and Pronghorn Program at the California Department of Fish and Wildlife , said that the elk have no natural predators in Point Reyes , and the state agrees they may need to be culled as the herds continue to grow @ @ @ @ @ @ @ sound , ” she said .
“ The landscape basically can ’ t support them.
” As the NPS prepares to release its final plan for managing the area and its wildlife , some see the bucket brigades as a public relations stunt to draw attention to the ranch agreements .
“ The portrayal of these folks as greedy , industrial ranchers benefiting on the federal government dime is I think a big exaggeration , ” said Livingston , pointing out that the majority of the farms have been run by generations of @ @ @ @ @ @ @ spokeswoman for the Marin Agricultural Land Trust , which represents family farms , though not those in the park , said the county ’ s agricultural economy depends on the Point Reyes ranches .
They help support auxiliary services such as veterinarians and transportation services , she said .
The activists , however , see the fence and the proposed culling as an abnegation of the park service ’ s duty to protect the iconic species , which once numbered in the hundreds of thousands across Central California .
And they see the @ @ @ @ @ @ @ water as evidence that officials are more concerned with the needs of ranchers than elk .
“ This is a ridiculous situation , ” said Dawes , as she guided a team from the L.A. Times along an animal trail , pocked with hoof prints and paw marks , toward one of the dried ponds .
“ There are more cows in this park than there are tule elk in the entire world.
” As she looked down at the dry , muddy pond at her feet , and then toward the herd @ @ @ @ @ @ @ , she said , “ I get that there ’ s a wildfire emergency in the park , and they need to be there and tending to it .
But , there ’ s one happening right here , too .
”

As darkness fell and a thick Pacific fog crept in over the Point Reyes peninsula on Sunday, a small band of animal activists waited for a National Park Service official to leave his check-post along Pierce Point Road.
He was there to prevent people from going deep into the National Seashore, where forests are aflame, and a skeleton crew of park service employees are otherwise tending to a 3,000-acre conflagration burning at the park’s southern end.
At 6 p.m., as his shift came to a close and he drove away, the small bucket-brigade crept in. They were transporting roughly 150 gallons of water to the park’s tule elk, who they say are dying from dehydration — and unable to reach other water sources because of a fence around their preserve — as drought conditions worsen in the region.
“If the park service refuses to care for the animals that they are mandated by law to preserve, then others have to step in,” said Fleur Dawes, the communications director for the San Rafael-based organization In Defense of Animals.
Until this week, Dawes’ organization and other local activists were the main ones focused on the plight of this year’s elk herd. But on Monday, a group with a track record of aggressive environmental litigation, the Center for Biological Diversity, urged the park service to provide water to the elk and remove an 8-foot-high wire fence that runs across the peninsula, preventing the free movement of the elk.
Fleur Dawes, an activist from In Defense of Animals, wants an 8-foot-high fence to be removed so Tule elk can roam freely in Point Reyes National Seashore. (Irfan Khan / Los Angeles Times)
Advertisement
“Unlike the privately owned cattle that have unrestrained access to water sources in this area, the elk are protected by federal law that requires the Park Service to ‘conserve’ them for the public and future generations,” Katherine Meyer, director of Harvard Law School’s Animal Law & Policy Clinic, said in a statement for the organization. “They should not be denied access to the water they need to survive.”
The conflicting needs of the elk preserve and neighboring dairy ranches have long been a flash point in Point Reyes, one of California’s most beloved seashores. The latest confrontation comes at a time when the park service is considering a final decision on a management plan for the elk — a plan that has pitted the 24 family dairy and beef operators, who lease land in the national park, against animal and environmental activists, who say their operations don’t belong there.
Tule elk are known to be relatively resilient to drought conditions, which is one reason national park biologists and others are reluctant to intervene this year.
“While the stock ponds left from the prior ranching days are frequented by elk ... these ponds actually go dry in most years,” Carey Feierabend, acting superintendent for Point Reyes National Seashore, said in a statement, noting that there “are a number of seeps and springs in the area that are frequented by the elk.”
Cattle graze in Point Reyes National Seashore. Heat, drought and fires engulf areas within and around the Point Reyes National Seashore, the iconic tule elk is running out of water. (Irfan Khan/Los Angeles Times)
The Tomales Point herd consists of 450 elk, fenced into a 2,000-acre reserve that, perched on the northern end of the peninsula, offers sweeping views of the Pacific, Bodega Bay and Tomales Bay.
Advertisement
During a previous drought that ended in 2014, the herd lost about half of its population, said National Park Service wildlife ecologist Dave Press, who lives in the area and watches over the elk pack.
Since Aug. 23, Dawes said her group’s scouts have observed at least a half-dozen dead elk in the park.
Press said he understood the activists’ concerns, and has been checking on the herd every week. He said that while he observed the elk had enough water, the National Park Service has plans to put in troughs filled by water trucks if necessary.
He was disheartened to hear that activists had brought in water and entered the closed park without permission.
“That’s a total violation of working within the realm of the national parks,” he said. “This is public land, and we would have to issue a permit for anything like that. Just speaking hypothetically, what if they put that trough on one of our endangered plant species? How would they even know that?”
Tule elk roams in its reserve in Point Reyes National Seashore. (Irfan Khan/Los Angeles Times)
One of the ponds the elk regularly drink from was observed dry last Friday afternoon. Hoof prints pocked the surface of the now-muddy pond. A small herd of elk and a solitary deer rested on the dry, grassy hill above.
But the situation is complicated by the nearby Woodward fire, the result of a lightning strike on Aug. 18. Though it still remains about nine miles away from where the elk roam at Tomales, it is closer to one of the free-range herds and has led to heavy smoke in the area, along with evacuation orders and warnings.
More than 400 firefighters, many from the park service, are battling that blaze, trying to set containment lines in terrain that, in some places, has no recorded history of burning, leaving it heavy on fuel. Other places are steep and wild, making access difficult.
Over the past few days, it has been difficult to discriminate smoke from fog, as both cloud the area, making aerial water drops nearly impossible.
Before the Point Reyes National Seashore was officially established in 1972, the land was privately owned by ranch families. For nearly a decade after Congress authorized the park in the 1960s, the government worked to buy those parcels with agreements to allow the ranchers to continue operations for decades, sometimes up to 30 years.
The Tule Elk Reserve is fenced around to keep elk from grazing on ranch land, carved out from park land and leased to ranchers. (Irfan Khan/Los Angeles Times)
Many of those farms, founded by Irish, Swiss and Portuguese immigrants, were part of a dairy industry that sprang up as the Gold Rush increased milk demand in nearby San Francisco, said author Dewey Livingston, who has written about the area’s agriculture and is a former historian for the park.
Though elk herds had long roamed the area, they were wiped out as hunting decimated their numbers and grazing herds of cattle took over.
In 1978, conservationists moved some of the last tule elk in the state back to the northern tip of the park at Tomales Point in an attempt to save them from extinction. They were successful, and the “elk population grew and grew and grew,” Livingston said.
But elk began pushing onto the better grazing lands of the farms, where appetizing pastures beckoned despite fences and other deterrents, causing “conflict with the dairy families,” Livingston said.
An 8-foot-high woven-wire fence now runs across the peninsula, preventing the Tomales herd from moving onto neighboring ranches.
Amid debates over extending their leases, ranchers would like to see the number of elk reduced. The proposed Park Service plan calls for culling some herds to keep them at a size that can coexist with the farms.
Kristin Denryter, coordinator of the Elk and Pronghorn Program at the California Department of Fish and Wildlife, said that the elk have no natural predators in Point Reyes, and the state agrees they may need to be culled as the herds continue to grow.
“We think the science is sound,” she said. “The landscape basically can’t support them.”
As the NPS prepares to release its final plan for managing the area and its wildlife, some see the bucket brigades as a public relations stunt to draw attention to the ranch agreements.
“The portrayal of these folks as greedy, industrial ranchers benefiting on the federal government dime is I think a big exaggeration,” said Livingston, pointing out that the majority of the farms have been run by generations of the same family.
Isabel French, spokeswoman for the Marin Agricultural Land Trust, which represents family farms, though not those in the park, said the county’s agricultural economy depends on the Point Reyes ranches. They help support auxiliary services such as veterinarians and transportation services, she said.
The activists, however, see the fence and the proposed culling as an abnegation of the park service’s duty to protect the iconic species, which once numbered in the hundreds of thousands across Central California.
Fleur Dawes, an activist from In Defense of Animals, walks on a dried pond in Tule Elk Reserve in Point Reyes National Seashore. (Irfan Khan/Los Angeles Times)
And they see the park service’s refusal to provide water as evidence that officials are more concerned with the needs of ranchers than elk.
“This is a ridiculous situation,” said Dawes, as she guided a team from The Times along an animal trail, pocked with hoof prints and paw marks, toward one of the dried ponds. “There are more cows in this park than there are tule elk in the entire world.”
On Thursday, two days after The Times published this report online, Press visited the preserve in fog so thick the moisture drenched his clothes.
By 10:30 a.m., he had checked two streams and found water flowing in both, with signs of elk trails crossing them, he said.
“There is honestly water everywhere I have looked,” said Press, adding that he saw five elk nearby. “You just have to know where to look.”


latimes--2020-09-01--Zoom overload, COVID-19 hardship: Thousands of kindergartners vanish from local schools

Kindergarten enrollment is down sharply in Los Angeles public schools and elsewhere , signaling that many parents of the state ’ s youngest students face heavy burdens with online learning and may be opting out of traditional public schools or moving out of L.A. amid the coronavirus crisis .
The drop of 6,000 kindergarten students in the nation ’ s second-largest school district represents a 14 % decline since last year .
When combined with anecdotal reports of inconsistent kindergarten attendance in live online classes , some virtual classrooms appear to be at about 50 % to 75 % capacity @ @ @ @ @ @ @ experts have expressed particular concern over 4- , 5- and 6-year-old students , who are missing out on critical socialization skills with other children , may be struggling to form important bonds with teachers and lack the developmental stamina to stay engaged for extended periods of computer learning .
Educators worry that the most disadvantaged children will be left further behind .
“ If these families are disproportionately losing access to kindergarten , then it is likely that there will be downstream impacts on their learning when they have to catch up to @ @ @ @ @ @ @ advantages and had that opportunity for formal learning in kindergarten , ” said Anna Markowitz , an assistant professor of education at UCLA .
It ’ s too early for a precise picture of why kindergarten enrollment has dropped so dramatically .
But L.A. schools Supt .
Austin Beutner said there ’ s a correlation in L.A. Unified between enrollment decline and communities already hard hit by coronavirus illness and economic hardship .
The L.A. Unified student population is 80 % Latino , with nearly the same percentage of children in need of @ @ @ @ @ @ @ biggest drops in kindergarten enrollment are generally in neighborhoods with the lowest household incomes , ” Beutner said during a pre-recorded Monday online briefing .
“ We suspect some of this is because families may lack the ability to provide full-time support at home for online learning , which is necessary for very young learners.
” Isabel Lopez — mother to a toddler , a first-grader , a fifth-grader and an eighth-grader — spends the entire school day guiding children through classes from her home in downtown L.A. First-grader Rosie sometimes breaks down @ @ @ @ @ @ @ she can ’ t tell if her teacher sees when she raises her hand to answer a question .
Alyssa McGregor , the mother of seven children , six in school , said it ’ s been especially challenging keeping her twin girls , in transitional kindergarten , focused .
Transitional kindergarten serves 4-year-olds who turn 5 during the fall semester .
McGregor , who lives in South LA , said the girls need help using their tablets and she often finds them wandering around , hoping to see what their siblings are @ @ @ @ @ @ @ tell them : ‘ Stay out of your sisters ’ class , ’ ” said McGregor , who also has to manage a 5-month-old .
“ If they were in the classroom setting , I think it would be a lot different.
” Under state law , parents do not have to enroll their children in kindergarten .
Starting in first grade , however , schooling is mandatory , although parents are allowed to homeschool their children .
Katie Pace , a parent leader at Gardner Elementary in Hollywood , said early tallies @ @ @ @ @ @ @ % , despite a well-regarded principal and a stable , veteran staff .
“ Everyone just left the city mostly ” for economic reasons , Pace said of the departures she knew about .
Other parents seem to be opting out .
One said he moved his daughter — who is starting first grade — from an L.A. Unified school on the Westside to a private school in the expectation that it would reopen sooner .
The parent asked that his name not be used out of respect for his daughter ’ s @ @ @ @ @ @ @ said her enrollment drop is related to serving a low-income minority community slammed by COVID-19 .
“ It doesn ’ t surprise me that parents are unwilling to take the risk of putting a 5-year-old on a campus and also are not comfortable with a 5-year-old sitting in front of a computer for a half or a full day , ” said the principal , who requested anonymity because she was not authorized to speak .
“ Honestly , I probably wouldn ’ t enroll my children in kindergarten right now , ” @ @ @ @ @ @ @ I had to work , I would look at private options.
” She added that L.A. Unified is treating kindergartners too much like 12th-graders in terms of time spent online .
In addition to the drop in kindergarten , some principals are reporting declines in enrollment — and in meaningful student participation — in transitional kindergarten and first grade .
“ The average class size is approximately 12 to 15 students per grade level , ” said Juan Flecha , president of the union that represents principals , who based his estimate on @ @ @ @ @ @ @ think parents are finding it extraordinarily difficult to manage their personal and professional lives while somehow keeping the tykes engaged on a device.
” Some parents have formed learning co-ops with other families , sometimes pooling money to hire a private teacher .
The issue of vanished students is far from unique to L.A. Unified .
Las Virgenes Unified Supt .
Dan Stepenosky said his school district is down 490 students — including about 100 kindergartners — to an enrollment of 10,329 .
The drop was 230 greater than projections for the school @ @ @ @ @ @ @ L.A. and Ventura counties and serves an enrollment that is more prosperous on average than that of L.A. Unified .
“ We ’ re hearing that lots of preschools added kinder so the families are staying there , ” Stepenosky said .
“ We ’ re also hearing about a lot of ‘ camps ’ that are mostly like classroom instruction .
I also think we have had families move .
Some moved because of the Woolsey fire — we still have 400 homes that have not been replaced .
People are tired @ @ @ @ @ @ @ s hopeful that families put off by excessive “ Zoom time ” will return once campuses reopen , an optimism shared by Burbank Supt .
Matt Hill , where kindergarten enrollment also is down .
In Pomona , where about 9 in 10 students are part of low-income households , some families are moving east to reduce their living costs , even while holding on to poverty-wage jobs in Los Angeles that are now more difficult to get to .
“ But now , instead of driving from Pomona , they ’ re @ @ @ @ @ @ @ down the road , ” said district spokesman Oliver Unaka .
Audrey Smith , a teacher at Gonsalves Elementary in ABC Unified , said her southeast L.A. County school is down to two kindergarten classrooms from three .
And her transitional kindergarten class , normally full , is down four students .
High housing costs in Cerritos are largely the reason for the school ’ s ongoing enrollment decline , but online learning has exacerbated the trend .
Some parents question the worth of online education versus “ what you ’ d find @ @ @ @ @ @ @ , playing with blocks , learning how to take turns and sharing and making friends , ” Smith said .
In L.A. Unified , overall enrollment has been trending downward for years and the drop across all grades is not far from projections .
This year ’ s pre-COVID predicted enrollment was 463,539 .
The current number is 461,105 — and that figure could rise before the district ’ s official “ census ” day , about five weeks into the year .
But the 6,000-student drop in kindergarten was three times as @ @ @ @ @ @ @ released some enrollment figures Monday after The Times repeatedly requested them — and the district repeatedly refused to supply them , suggesting that the newspaper wait until the district officially compiled data later in the year .
For the moment it ’ s difficult to track meaningful student attendance and engagement from the outside because L.A. Unified has taken full advantage of the state ’ s liberal attendance guidelines .
Students are to be counted as present for a day of school no matter how minimal the contact between a teacher and student @ @ @ @ @ @ @ on the day that attendance is taken .
McGregor , the mother of the 4-year-old twins , doesn ’ t fault the school for the challenges she faces keeping small children online and on task .
Unlike many parents , she hasn ’ t opted out , moved out or given up , but there are limits .
“ I don ’ t plan to take them out unless they say this is going to be a lifestyle forever , ” she said .
“ Then , yeah , I would take them @ @ @

Howard Blume, Paloma Esquivel, Andrew J. Campa

In a file photo, kindergarten teacher Adriana Rosas is shown with her students, who are having fun and learning at Aloha Health Medical Academy in Lakewood. Her school district, ABC Unified, is dealing with enrollment loss that may be related to the COVID-19 pandemic.
Kindergarten enrollment is down sharply in Los Angeles public schools and elsewhere, signaling that many parents of the state’s youngest students face heavy burdens with online learning and may be opting out of traditional public schools or moving out of L.A. amid the coronavirus crisis.
The drop of 6,000 kindergarten students in the nation’s second-largest school district represents a 14% decline since last year. When combined with anecdotal reports of inconsistent kindergarten attendance in live online classes, some virtual classrooms appear to be at about 50% to 75% capacity.
Since campuses shut in mid-March, experts have expressed particular concern over 4-, 5- and 6-year-old students, who are missing out on critical socialization skills with other children, may be struggling to form important bonds with teachers and lack the developmental stamina to stay engaged for extended periods of computer learning.
Advertisement
Educators worry that the most disadvantaged children will be left further behind.
“If these families are disproportionately losing access to kindergarten, then it is likely that there will be downstream impacts on their learning when they have to catch up to children who both began school with greater advantages and had that opportunity for formal learning in kindergarten,” said Anna Markowitz, an assistant professor of education at UCLA.
It’s too early for a precise picture of why kindergarten enrollment has dropped so dramatically. But L.A. schools Supt. Austin Beutner said there’s a correlation in L.A. Unified between enrollment decline and communities already hard hit by coronavirus illness and economic hardship. The L.A. Unified student population is 80% Latino, with nearly the same percentage of children in need of free or reduced-price meals.
“The biggest drops in kindergarten enrollment are generally in neighborhoods with the lowest household incomes,” Beutner said during a pre-recorded Monday online briefing. “We suspect some of this is because families may lack the ability to provide full-time support at home for online learning, which is necessary for very young learners.”
Parents’ struggles can become intense.
Isabel Lopez — mother to a toddler, a first-grader, a fifth-grader and an eighth-grader — spends the entire school day guiding children through classes from her home in downtown L.A.
First-grader Rosie sometimes breaks down in tears. She gets frustrated when she can’t tell if her teacher sees when she raises her hand to answer a question.
Alyssa McGregor, the mother of seven children, six in school, said it’s been especially challenging keeping her twin girls, in transitional kindergarten, focused. Transitional kindergarten serves 4-year-olds who turn 5 during the fall semester.
Advertisement
McGregor, who lives in South LA, said the girls need help using their tablets and she often finds them wandering around, hoping to see what their siblings are doing.
“I have to constantly tell them: ‘Stay out of your sisters’ class,’” said McGregor, who also has to manage a 5-month-old. “If they were in the classroom setting, I think it would be a lot different.”
Under state law, parents do not have to enroll their children in kindergarten. Starting in first grade, however, schooling is mandatory, although parents are allowed to homeschool their children.
Katie Pace, a parent leader at Gardner Elementary in Hollywood, said early tallies put attendance down 10% to 15%, despite a well-regarded principal and a stable, veteran staff.
“Everyone just left the city mostly” for economic reasons, Pace said of the departures she knew about.
Other parents seem to be opting out.
One said he moved his daughter — who is starting first grade — from an L.A. Unified school on the Westside to a private school in the expectation that it would reopen sooner. The parent asked that his name not be used out of respect for his daughter’s privacy.
A principal in southwest L.A. said her enrollment drop is related to serving a low-income minority community slammed by COVID-19.
“It doesn’t surprise me that parents are unwilling to take the risk of putting a 5-year-old on a campus and also are not comfortable with a 5-year-old sitting in front of a computer for a half or a full day,” said the principal, who requested anonymity because she was not authorized to speak.
“Honestly, I probably wouldn’t enroll my children in kindergarten right now,” she said. “Or, if I had to work, I would look at private options.” She added that L.A. Unified is treating kindergartners too much like 12th-graders in terms of time spent online.
In addition to the drop in kindergarten, some principals are reporting declines in enrollment — and in meaningful student participation — in transitional kindergarten and first grade.
“The average class size is approximately 12 to 15 students per grade level,” said Juan Flecha, president of the union that represents principals, who based his estimate on feedback from his members. “I think parents are finding it extraordinarily difficult to manage their personal and professional lives while somehow keeping the tykes engaged on a device.”
Some parents have formed learning co-ops with other families, sometimes pooling money to hire a private teacher.
The issue of vanished students is far from unique to L.A. Unified.
Las Virgenes Unified Supt. Dan Stepenosky said his school district is down 490 students — including about 100 kindergartners — to an enrollment of 10,329. The drop was 230 greater than projections for the school system, which straddles the border of L.A. and Ventura counties and serves an enrollment that is more prosperous on average than that of L.A. Unified.
“We’re hearing that lots of preschools added kinder so the families are staying there,” Stepenosky said. “We’re also hearing about a lot of ‘camps’ that are mostly like classroom instruction. I also think we have had families move. Some moved because of the Woolsey fire — we still have 400 homes that have not been replaced. People are tired of California.”
He said he’s hopeful that families put off by excessive “Zoom time” will return once campuses reopen, an optimism shared by Burbank Supt. Matt Hill, where kindergarten enrollment also is down.
In Pomona, where about 9 in 10 students are part of low-income households, some families are moving east to reduce their living costs, even while holding on to poverty-wage jobs in Los Angeles that are now more difficult to get to.
“But now, instead of driving from Pomona, they’re driving from Ontario or Fontana or further down the road,” said district spokesman Oliver Unaka.
Audrey Smith, a teacher at Gonsalves Elementary in ABC Unified, said her southeast L.A. County school is down to two kindergarten classrooms from three. And her transitional kindergarten class, normally full, is down four students. High housing costs in Cerritos are largely the reason for the school’s ongoing enrollment decline, but online learning has exacerbated the trend.
Some parents question the worth of online education versus “what you’d find in a classroom where children are socializing, playing with blocks, learning how to take turns and sharing and making friends,” Smith said.
In L.A. Unified, overall enrollment has been trending downward for years and the drop across all grades is not far from projections. This year’s pre-COVID predicted enrollment was 463,539. The current number is 461,105 — and that figure could rise before the district’s official “census” day, about five weeks into the year.
But the 6,000-student drop in kindergarten was three times as large as projected.
L.A. Unified publicly released some enrollment figures Monday after The Times repeatedly requested them — and the district repeatedly refused to supply them, suggesting that the newspaper wait until the district officially compiled data later in the year.
For the moment it’s difficult to track meaningful student attendance and engagement from the outside because L.A. Unified has taken full advantage of the state’s liberal attendance guidelines. Students are to be counted as present for a day of school no matter how minimal the contact between a teacher and student — as long as that interaction occurs on the day that attendance is taken.
McGregor, the mother of the 4-year-old twins, doesn’t fault the school for the challenges she faces keeping small children online and on task. Unlike many parents, she hasn’t opted out, moved out or given up, but there are limits.
“I don’t plan to take them out unless they say this is going to be a lifestyle forever,” she said. “Then, yeah, I would take them out.”
Times staff writer Julia Barajas contributed to this report.


latimes--2020-09-01--L.A. housing department employee moonlighted for motel embroiled in tenant lawsuits

When Brandy Mahone saw an unfamiliar man taking photos around the run-down motel she called home , she assumed he must be a city employee and started chatting , sharing her concerns as a tenant .
She was jarred , she said , when she later saw the same man accepting cash from a motel worker .
“ You told me you were going to help me , ” she remembers thinking , “ and it turns out you were in bed together.
” Courtney Durham was working for the housing department at that time , earning more than $ @ @ @ @ @ @ @ poor seniors and disabled people with free repairs , according to city payroll officials .
He was also moonlighting as a consultant at the Royal Park Motel , assisting a building owner who has been accused of illegally ejecting tenants and jeopardizing their health with asbestos , lead and other toxic substances .
His dual role landed him in hot water with the city and has spurred accusations that Durham , a longtime Los Angeles city employee , was involved in alleged wrongdoing that harmed families at the motel .
Durham did not @ @ @ @ @ @ @ and his attorney said Durham did not want to comment .
City officials said his official responsibilities at the housing department did not involve the Westlake building .
Jane Williams , executive director of California Communities Against Toxics , said that nonetheless , Durham should have at least flagged dangerous practices at a building where families lived .
This is “ a city employee who gets paid by city taxpayers to protect people , ” she said .
The Westlake motel was a modest home for renters on the economic margins — a @ @ @ @ @ @ @ units and a retail space in one wing that at one point was occupied by a Thai restaurant .
It was one of a dwindling number of residential motels in the city , providing cheap accommodations for as little as $ 600 a month .
The motel made the news one Christmas six years ago when a fire tore through the building .
In its aftermath , tenants say owner Gerald Wang embarked on repairs — and illegally tried to turn the building into a tourist hotel to turn a higher profit .
@ @ @ @ @ @ @ reached a settlement exceeding $ 1 million over complaints that they were illegally evicted as Wang and his associates overhauled the aging building .
Wang still faces five other lawsuits from former tenants and people who worked at the Royal Park , who say they were exposed to asbestos and other toxic substances .
Although Durham is not a defendant in the lawsuits , he has been deposed in the ongoing litigation over the motel .
Housing officials say Durham never obtained permission for his side job , which included commissioning reports that @ @ @ @ @ @ @ June , the Los Angeles City Ethics Commission fined him nearly $ 19,000 for failing to get city approval for the side job .
Such outside work is allowed only if it doesn ’ t conflict with department interests .
After renovations got underway several years ago , the housing department fielded repeated complaints about illegal construction and shoddy conditions .
Mahone lodged a complaint in 2016 about being ejected from her unit .
The housing department warned the motel that if Mahone was being displaced for any repairs , she had to @ @ @ @ @ @ @ her same rent when the work was done .
Wang was loath to do that , stating in an email that it would be a “ problem.
” He turned to Durham , who had worked on and off for the housing department for decades .
“ You do not want this to escalate , ” Durham advised Wang in an email reviewed by The Times , telling him to respond to the housing department “ ASAP ” and try to hold off on renovating that unit until last .
“ In the @ @ @ @ @ @ @ wrote .
“ Never admit that you evicted the tenant.
” Durham emailed Wang the following day to say that “ as I understand it , the case is currently closed.
” Mahone said she never heard back about her complaint .
A motel employee offered her some money and moved her into another motel , she said , but only for a few weeks before ejecting her .
She said she ended up on the streets for months with her husband and daughter .
Nicolas Rodriguez , who was working at the @ @ @ @ @ @ @ city official in an email that Durham had taken a crucial step to thwart the complaint : Providing Wang with a letter that said tenants did not have to move permanently for the renovations .
Rodriguez said that when a housing inspector saw that letter , “ to my astonishment the case was closed.
” But tenants like Mahone were still being illegally removed , Rodriguez wrote , complaining that she and her husband had gotten much less money to relocate than they were entitled to under city rules .
What Durham did @ @ @ @ @ @ @ the housing department , allowed the motel owner “ to deprive many good Los Angeles residents of their rights.
” Rodriguez is now among the people suing Wang over conditions at the motel , alleging in his lawsuit wrongful termination and hazardous conditions at the building .
The aging motel was later sold to a new owner and is being rehabilitated to become housing for homeless veterans , bolstered by taxpayer funding .
In an email , Wang said he was confident that the allegations against him would not be substantiated , stating @ @ @ @ @ @ @ fire in the building , “ we retained a licensed contractor who obtained all necessary permits and clearances.
” He declined to comment further .
Royal Park was cited by government agencies over the renovations : The building department slapped the motel with a violation order for unpermitted work in the restaurant area of the building .
Air quality regulators also issued a violation for failing to notify them about renovating restaurant ceilings that contained asbestos .
In a deposition , a South Coast Air Quality Management District inspector said it was unclear @ @ @ @ @ @ @ restaurant area , since no one admitted how it had been taken out .
Wang and companies tied to him and his wife agreed to pay $ 12,000 over the violation without admitting liability .
L.A. 's county public health agency also said it was unclear if the restaurant work was properly contained to prevent contaminating residential areas of the motel .
Construction worker Maximino Hernandez Valencia said laborers in the restaurant were told to take debris to a dumpster outside and put mattresses on top .
“ They didn ’ t want @ @ @ @ @ @ @ ” Valencia said in Spanish .
He is now suing Wang for wrongful termination and other alleged violations , contending that an accident at the site led to the loss of his eye .
Valencia said in a deposition that he saw other crews working at the motel , including an asbestos team dressed in protective suits , but he didn ’ t have the same protection when he and other laborers worked in rooms and the restaurant .
Durham has distanced himself from the work in the restaurant : In a letter @ @ @ @ @ @ @ said the work he assisted with was limited to 53 motel units and that it was “ conducted in full compliance with governing codes.
” At one point , however , Durham commissioned a report that detected asbestos at the restaurant — the area that spurred the air quality violation .
He told the inspector he had gotten that report for “ bidding purposes.
” Durham said in a deposition that he had estimated the costs and handled payment for a licensed asbestos removal contractor , but did not inspect any of the @ @ @ @ @ @ @ construction work himself .
City investigators calculated he earned roughly $ 44,000 in profits for his work at Royal Park .
Durham also said he didn ’ t know what another contractor embroiled in the litigation — a friend of his named Eddy Liu — was doing at the motel .
Emails obtained in connection with the tenants ’ lawsuit show , however , that they were in contact about the building , with Durham repeatedly copying Liu on emailsand sending him a report about asbestos at the site .
Valencia , the @ @ @ @ @ @ @ identified Liu as one of the “ bosses ” for the job and is suing him and Wang for wrongful termination , asbestos exposure and other unsafe conditions .
Liu has denied Valencia ’ s claims and is contesting a state fine over safety violations .
He said in an email that his work at Royal Park was limited to remodeling hotel rooms , not the restaurant , and that all asbestos was removed before his crew arrived .
Durham did not initially list any outside income on government forms that he was @ @ @ @ @ @ @ was working with the Royal Park .
Under rules for the housing department , Durham was supposed to report any income from any person or business involved in “ construction contracting ” or “ technical assistance ” in L.A .
It was not until February , years after the forms were first filed , that Durham amended them to include his income from Royal Park .
In a deposition , Durham said he didn ’ t think the form asked him to disclose his business with Wang .
In June , he was @ @ @ @ @ @ @ for doing outside work without permission from the housing department— permission that he would not have gotten for working at Royal Park , investigators said .
When investigators first contacted Durham , he “ initially sought to conceal his activity , ” they found , calling his actions “ a deliberate violation.
” Durham agreed to pay the penalty .
The housing department declined to say what action it had taken.As of early August , Durham was still employed with the department .
Former tenant Marcos De La Toba , one of the @ @ @ @ @ @ @ motel , said that “ when a city official who is entrusted with the well-being of the residents in the city of Los Angeles does this , you feel unsafe.
” “ You feel like you can not trust city officials anymore , ” De La Toba said .

Marcos De La Toba, a former tenant at the Royal Park Motel, stands in front of the building at the center of numerous lawsuits that allege residents and workers were exposed to asbestos and other toxins.
When Brandy Mahone saw an unfamiliar man taking photos around the run-down motel she called home, she assumed he must be a city employee and started chatting, sharing her concerns as a tenant.
She was jarred, she said, when she later saw the same man accepting cash from a motel worker. “You told me you were going to help me,” she remembers thinking, “and it turns out you were in bed together.”
Courtney Durham was working for the housing department at that time, earning more than $120,000 annually to run a program helping poor seniors and disabled people with free repairs, according to city payroll officials.
Advertisement
He was also moonlighting as a consultant at the Royal Park Motel, assisting a building owner who has been accused of illegally ejecting tenants and jeopardizing their health with asbestos, lead and other toxic substances.
His dual role landed him in hot water with the city and has spurred accusations that Durham, a longtime Los Angeles city employee, was involved in alleged wrongdoing that harmed families at the motel.
Durham did not respond to messages from The Times, and his attorney said Durham did not want to comment. City officials said his official responsibilities at the housing department did not involve the Westlake building.
Jane Williams, executive director of California Communities Against Toxics, said that nonetheless, Durham should have at least flagged dangerous practices at a building where families lived.
This is “a city employee who gets paid by city taxpayers to protect people,” she said.
::
The Westlake motel was a modest home for renters on the economic margins — a 1966 building with more than a hundred units and a retail space in one wing that at one point was occupied by a Thai restaurant. It was one of a dwindling number of residential motels in the city, providing cheap accommodations for as little as $600 a month.
Advertisement
The motel made the news one Christmas six years ago when a fire tore through the building. In its aftermath, tenants say owner Gerald Wang embarked on repairs — and illegally tried to turn the building into a tourist hotel to turn a higher profit.
Nearly two years ago, former tenants reached a settlement exceeding $1 million over complaints that they were illegally evicted as Wang and his associates overhauled the aging building.
Wang still faces five other lawsuits from former tenants and people who worked at the Royal Park, who say they were exposed to asbestos and other toxic substances. Although Durham is not a defendant in the lawsuits, he has been deposed in the ongoing litigation over the motel.
Housing officials say Durham never obtained permission for his side job, which included commissioning reports that detected asbestos in the building. In June, the Los Angeles City Ethics Commission fined him nearly $19,000 for failing to get city approval for the side job. Such outside work is allowed only if it doesn’t conflict with department interests.
After renovations got underway several years ago, the housing department fielded repeated complaints about illegal construction and shoddy conditions. Mahone lodged a complaint in 2016 about being ejected from her unit.
The housing department warned the motel that if Mahone was being displaced for any repairs, she had to be allowed back into her unit at her same rent when the work was done. Wang was loath to do that, stating in an email that it would be a “problem.” He turned to Durham, who had worked on and off for the housing department for decades.
“You do not want this to escalate,” Durham advised Wang in an email reviewed by The Times, telling him to respond to the housing department “ASAP” and try to hold off on renovating that unit until last.
“In the meantime you can negotiate,” Durham wrote. “Never admit that you evicted the tenant.”
Durham emailed Wang the following day to say that “as I understand it, the case is currently closed.”
Mahone said she never heard back about her complaint. A motel employee offered her some money and moved her into another motel, she said, but only for a few weeks before ejecting her. She said she ended up on the streets for months with her husband and daughter.
Nicolas Rodriguez, who was working at the motel at the time, told a city official in an email that Durham had taken a crucial step to thwart the complaint: Providing Wang with a letter that said tenants did not have to move permanently for the renovations.
Rodriguez said that when a housing inspector saw that letter, “to my astonishment the case was closed.” But tenants like Mahone were still being illegally removed, Rodriguez wrote, complaining that she and her husband had gotten much less money to relocate than they were entitled to under city rules.
What Durham did, Rodriguez wrote in another email to the housing department, allowed the motel owner “to deprive many good Los Angeles residents of their rights.”
Rodriguez is now among the people suing Wang over conditions at the motel, alleging in his lawsuit wrongful termination and hazardous conditions at the building. The aging motel was later sold to a new owner and is being rehabilitated to become housing for homeless veterans, bolstered by taxpayer funding.
::
In an email, Wang said he was confident that the allegations against him would not be substantiated, stating that when repairs were needed after the fire in the building, “we retained a licensed contractor who obtained all necessary permits and clearances.” He declined to comment further.
Royal Park was cited by government agencies over the renovations: The building department slapped the motel with a violation order for unpermitted work in the restaurant area of the building. Air quality regulators also issued a violation for failing to notify them about renovating restaurant ceilings that contained asbestos.
In a deposition, a South Coast Air Quality Management District inspector said it was unclear whether asbestos was safely removed from the restaurant area, since no one admitted how it had been taken out. Wang and companies tied to him and his wife agreed to pay $12,000 over the violation without admitting liability.
L.A.’s county public health agency also said it was unclear if the restaurant work was properly contained to prevent contaminating residential areas of the motel. Construction worker Maximino Hernandez Valencia said laborers in the restaurant were told to take debris to a dumpster outside and put mattresses on top.
“They didn’t want people to notice it was there,” Valencia said in Spanish. He is now suing Wang for wrongful termination and other alleged violations, contending that an accident at the site led to the loss of his eye.
Valencia said in a deposition that he saw other crews working at the motel, including an asbestos team dressed in protective suits, but he didn’t have the same protection when he and other laborers worked in rooms and the restaurant.
Durham has distanced himself from the work in the restaurant: In a letter to an air quality inspector, he said the work he assisted with was limited to 53 motel units and that it was “conducted in full compliance with governing codes.”
At one point, however, Durham commissioned a report that detected asbestos at the restaurant — the area that spurred the air quality violation. He told the inspector he had gotten that report for “bidding purposes.”
Durham said in a deposition that he had estimated the costs and handled payment for a licensed asbestos removal contractor, but did not inspect any of the work at the motel or do any construction work himself. City investigators calculated he earned roughly $44,000 in profits for his work at Royal Park.
Durham also said he didn’t know what another contractor embroiled in the litigation — a friend of his named Eddy Liu — was doing at the motel. Emails obtained in connection with the tenants’ lawsuit show, however, that they were in contact about the building, with Durham repeatedly copying Liu on emailsand sending him a report about asbestos at the site.
Valencia, the construction worker who lost his eye, identified Liu as one of the “bosses” for the job and is suing him and Wang for wrongful termination, asbestos exposure and other unsafe conditions. Liu has denied Valencia’s claims and is contesting a state fine over safety violations. He said in an email that his work at Royal Park was limited to remodeling hotel rooms, not the restaurant, and that all asbestos was removed before his crew arrived.
::
Durham did not initially list any outside income on government forms that he was required to turn in annually while he was working with the Royal Park. Under rules for the housing department, Durham was supposed to report any income from any person or business involved in “construction contracting” or “technical assistance” in L.A.
It was not until February, years after the forms were first filed, that Durham amended them to include his income from Royal Park. In a deposition, Durham said he didn’t think the form asked him to disclose his business with Wang.
In June, he was fined $18,750 by the Ethics Commission for doing outside work without permission from the housing department— permission that he would not have gotten for working at Royal Park, investigators said. When investigators first contacted Durham, he “initially sought to conceal his activity,” they found, calling his actions “a deliberate violation.” Durham agreed to pay the penalty.
The housing department declined to say what action it had taken.As of early August, Durham was still employed with the department. Former tenant Marcos De La Toba, one of the people suing over asbestos contamination at the motel, said that “when a city official who is entrusted with the well-being of the residents in the city of Los Angeles does this, you feel unsafe.”
“You feel like you cannot trust city officials anymore,” De La Toba said.


latimes--2020-09-01--Millions of Californians would be eligible for job-protected leave under plan approved by lawmakers

California lawmakers voted Monday to remove a key hurdle that new parents and employees caring for sick family members say keeps them from using the state ’ s paid leave program by offering job protections to those workers .
Senate Bill 1383 by state Sen. Hannah-Beth Jackson ( D-Santa Barbara ) would provide millions of employees who work for smaller businesses with the same 12 weeks of job protections while taking family leave as those who work for larger companies .
The bill now heads to Gov .
Gavin Newsom , who has said he will sign it .
“ @ @ @ @ @ @ @ amid COVID-19 when workers need to take time off to care for themselves or their loved ones , ” Jackson said .
“ Yet without job protection , many workers fear losing their job for taking the Paid Family Leave benefits they pay for .
We should be encouraging people to stay home if they are sick , not forcing them to choose between their health and their job.
” California ’ s paid family leave program allows workers to take time off to bond with a new child or care for a @ @ @ @ @ @ @ to 70 % of their weekly salary for eight weeks .
Employees automatically pay into the program through the state ’ s disability tax , but not all workers say they feel they can use the benefit .
Many employees , particularly low wage workers , said they fead that if they take time off they would not have a job to return to .
Currently , companies with 50 or more employees are required to provide 12 weeks of leave to care for a new child or family member .
The threshold @ @ @ @ @ @ @ 12 weeks of job-protected time off for workers at companies with 20 or more employees .
Under SB 1383 , companies with five or more workers would have to provide 12 weeks of job-protected leave to employees .
Supporters of the bill said provide providing job protections will ensure that employees who pay into the state ’ s paid family leave program can use the benefit .
Lack of job protection is a key reason cited by new parents who declined to take paid family leave when needed , particularly among low wage @ @ @ @ @ @ @ work for smaller companies , according to a 2018 survey by the California Employment Development Department , which administers the program .
Of the 6.8 million workers in the state who earned less than $ 20,000 in 2018 and paid into the program , less than 46,000 used paid family leave , according to a legislative analysis of the bill .
William Dow , a professor of health policy and management in the School of Public Health at UC Berkeley , said because more people of color who are parents work for smaller @ @ @ @ @ @ @ current law does not provide the same level of benefits to everyone who pays into the program .
Dow said there are other factors that cause new parents to decline to use the full extent of their paid leave benefits , such as a lack of awareness as to who qualifies and lower wage replacement , but providing job security will fix a key concern .
“ In our survey of new parents , we have 10 % of new mothers who don ’ t take as much leave as they would like @ @ @ @ @ @ @ protections , ” said Dow , who studies paid leave policies .
SB 1383 , however , has drawn concerns from business groups and Republicans , who say now is not the time to add new mandates to businesses struggling during the pandemic .
The California Chamber of Commerce , which has opposed previous efforts to expand unpaid family leave , included the bill on its annual “ job killer ” list that highlights laws corporate interests say will hurt employment and the economy .
Assemblyman Kevin Kiley ( R-Roseville ) said family @ @ @ @ @ @ @ “ this bill goes about the goal in all the wrong ways.
” Kiley read comments he said were from small business owners in the state who believe the bill would have devastating effect .
“ This bill will sound a death knell for even more small businesses across California , ” Kiley said .
The bill makes it illegal to deny an employee ’ s request for 12 weeks of unpaid job-protected leave during a 12-month period when the reason is to care for a new child or family member , including @ @ @ @ @ @ @ sibling , spouse or domestic partner .
SB 1383 would also grant spouses that work for the same company to each have 12 weeks of leave , instead of requiring that both parents split the full time off .
Under Jackson ’ s bill , the state would also lower the threshold for four months of job-protected pregnancy disability leave , requiring companies with five or more employees to provide the benefit .
California became the first state in the nation to create a paid family leave program in 2004 , but supporters @ @ @ @ @ @ @ since then to ensure the program benefits everyone who is eligible to take time off .
“ I ’ m going to be honest , this is a simple question : Do you think a woman who just had a baby who works for an employer with 19 people should be able to spend time with that child and not risk losing her job with not a cent paid by that employer ?
” said Assemblywoman Lorena Gonzalez ( D-San Diego ) as she urged her colleagues to support the measure .
“ @ @ @ @ @ @ @ .
It is her money she is getting back .
”

California lawmakers voted Monday to remove a key hurdle that new parents and employees caring for sick family members say keeps them from using the state’s paid leave program by offering job protections to those workers.
Senate Bill 1383 by state Sen. Hannah-Beth Jackson (D-Santa Barbara) would provide millions of employees who work for smaller businesses with the same 12 weeks of job protections while taking family leave as those who work for larger companies. The bill now heads to Gov. Gavin Newsom, who has said he will sign it.
“Access to family leave is especially critical amid COVID-19 when workers need to take time off to care for themselves or their loved ones,” Jackson said. “Yet without job protection, many workers fear losing their job for taking the Paid Family Leave benefits they pay for. We should be encouraging people to stay home if they are sick, not forcing them to choose between their health and their job.”
Advertisement
California’s paid family leave program allows workers to take time off to bond with a new child or care for a sick family member while receiving 60% to 70% of their weekly salary for eight weeks. Employees automatically pay into the program through the state’s disability tax, but not all workers say they feel they can use the benefit. Many employees, particularly low-wage workers, said they fear that if they take time off they would not have a job to return to.
Currently, companies with 50 or more employees are required to provide 12 weeks of leave to care for a new child or family member. The threshold for parental leave is lower, allowing 12 weeks of job-protected time off for workers at companies with 20 or more employees. Under SB 1383, companies with five or more workers would have to provide 12 weeks of job-protected leave to employees.
Supporters of the bill said providing job protections will ensure that employees who pay into the state’s paid family leave program can use the benefit. Lack of job protection is a key reason cited by new parents who declined to take paid family leave when needed, particularly among low-wage workers, who are more likely to work for smaller companies, according to a 2018 survey by the California Employment Development Department, which administers the program.
Of the 6.8 million workers in the state who earned less than $20,000 in 2018 and paid into the program, less than 46,000 used paid family leave, according to a legislative analysis of the bill.
William Dow, a professor of health policy and management in the School of Public Health at UC Berkeley, said because more people of color who are parents work for smaller employers than their white counterparts, the current law does not provide the same level of benefits to everyone who pays into the program.
Dow said there are other factors that cause new parents to decline to use the full extent of their paid leave benefits, such as a lack of awareness as to who qualifies and lower wage replacement, but providing job security will fix a key concern.
Advertisement
“In our survey of new parents, we have 10% of new mothers who don’t take as much leave as they would like because they don’t have job protections,” said Dow, who studies paid leave policies.
SB 1383, however, has drawn concerns from business groups and Republicans, who say now is not the time to add new mandates to businesses struggling during the pandemic. The California Chamber of Commerce, which has opposed previous efforts to expand unpaid family leave, included the bill on its annual “job killer” list that highlights laws corporate interests say will hurt employment and the economy.
Assemblyman Kevin Kiley (R-Roseville) said family leave is good policy, but that “this bill goes about the goal in all the wrong ways.” Kiley read comments he said were from small business owners in the state who believe the bill would have devastating effect.
“This bill will sound a death knell for even more small businesses across California,” Kiley said.
The bill makes it illegal to deny an employee’s request for 12 weeks of unpaid job-protected leave during a 12-month period when the reason is to care for a new child or family member, including a parent, grandparent, grandchild, sibling, spouse or domestic partner.
SB 1383 would also grant spouses that work for the same company to each have 12 weeks of leave, instead of requiring that both parents split the full time off.
Under Jackson’s bill, the state would also lower the threshold for four months of job-protected pregnancy disability leave, requiring companies with five or more employees to provide the benefit.
California became the first state in the nation to create a paid family leave program in 2004, but supporters said the state has not done enough since then to ensure the program benefits everyone who is eligible to take time off.
“I’m going to be honest, this is a simple question: Do you think a woman who just had a baby who works for an employer with 19 people should be able to spend time with that child and not risk losing her job with not a cent paid by that employer?” said Assemblywoman Lorena Gonzalez (D-San Diego) as she urged her colleagues to support the measure. “She has already paid into the system. It is her money she is getting back.”


latimes--2020-09-01--California lawmakers approve bills to address racism in criminal charges and jury selection

The California Legislature this week approved two bills aimed at reducing discrimination in jury selection and criminal cases .
In a year marked by protests across the nation against police killings of Black men and women , the legislation was among only a handful of bills addressing racial discrimination in the criminal justice system that progressed to the governor ’ s desk .
Assembly Bill 3070 , sponsored by California Attorneys for Criminal Justice and introduced by Assemblywoman Shirley Weber ( D-San Diego ) , would limit the removal of prospective jurors without cause , a change intended to prevent @ @ @ @ @ @ @ gender , gender identity , sexual orientation , national origin or religious affiliation .
“ It represents a much needed and timely change to fix our criminal justice system , ” Weber said .
In a criminal jury selection process , members of the jury pool must answer questions to determine whether they would be capable of making an impartial judgement in the case .
Prosecutors and defense attorneys can remove jurors for cause , such as having a relationship with a defendant , a financial interest in the case , stated opinions @ @ @ @ @ @ @ someone from a jury without stating a cause by using a peremptory challenge .
Current state law prohibits peremptory challenges based solely on an assumption that a prospective juror was biased due to the person ’ s race , religion , gender or similar grounds .
Proponents of AB 3070 say that because the existing process to object to such a peremptory challenge requires proof of an attorney ’ s intentional bias in striking a prospective juror , it has failed to prevent discrimination in jury selection and instead disproportionately harms people of @ @ @ @ @ @ @ the process by shifting the burden of proof from the attorney objecting to the peremptory challenge to the attorney who removed the prospective juror .
If a peremptory challenge is called into question , the attorney who rejected the juror would have to provide a reason for the exclusion .
A judge would then weigh the answer to determine if there is a substantial likelihood that an objectively reasonable person would “ view race , ethnicity , gender , gender identity , sexual orientation , national origin , or religious affiliation , or @ @ @ @ @ @ @ , as a factor in the use of the peremptory challenge , ” according to the bill .
“ This bill is about ending what has been going on for many , many years in this country , specifically the exclusion of Black and brown communities from juries , a problem that has been with us and that undermines confidence in the entire system , ” Sen. Scott Wiener ( D-San Francisco ) said on Sunday when the bill came up for a vote on the Senate floor .
Opponents of the legislation @ @ @ @ @ @ @ , have argued that lawmakers should wait until a working group formed by California Supreme Court Justice Tani Cantil-Sakauye finishes a study of jury selection and suggests steps to address discrimination .
Others said it could slow the court process .
Sen. Tom Umberg ( D-Santa Ana ) gave an example of trying a case against white supremacists who were charged with burning a cross on a Black family ’ s lawn when he was a federal prosecutor in Orange County in 1989 .
Umberg said he used peremptory challenges to remove other @ @ @ @ @ @ @ as their clothing , in order to include a Black person on the jury .
“ I desperately wanted an African American on that jury because I thought that they might be able to explain , understand , what burning a cross on someone ’ s front lawn meant because the defense was this was a prank , this was just a neighborhood quarrel out of control , ” Umberg said in speaking against the bill .
“ Burning a cross is not a prank .
It was an act of terrorism , @ @ @ @ @ @ @ that defense I wanted somebody on that jury that could explain that.
” Recent amendments to AB 3070 have delayed the timeline of the legislation — it would apply to criminal jury selection beginning in 2022 .
The change would also apply to civil cases starting in 2026 .
After the bill failed in the Senate Sunday , it was granted reconsideration and squeaked through with a 21-16 vote the next day .
The Assembly sent the bill to the governor late Monday .
The Legislature approved a similar measure addressing racism in @ @ @ @ @ @ @ D-San Jose ) .
AB 2542 , which was sponsored by social justice groups , seeks to counter a 1987 U.S. Supreme Court decision that held defendants must prove intentional discrimination in arguing bias affected the legal process in their case .
States can establish their own laws to address racism in their criminal justice systems .
Under the bill , defendants would be allowed to file a motion in trial court or petition for a writ of habeas corpus , and attempt to vacate a conviction or sentence to prove by a @ @ @ @ @ @ @ , law enforcement officer , juror , judge or expert witness exhibited bias or used discriminatory language about their race , ethnicity or national origin .
Defendants would also be allowed to show that they were charged or convicted of a more serious offense , or were given a more severe sentence than defendants of other races in similar circumstances , among other discriminatory actions .
A defendant could also argue that jurors were eliminated based on discrimination in jury selection .
“ It is time to establish a statewide policy that makes @ @ @ @ @ @ @ color in the state ’ s criminal justice system , ” Kalra said before the vote to send the bill to Newsom .
“ As millions march for racial justice , we can not stand still .
”

Assemblywoman Shirley Weber (D-San Diego), shown in 2018, proposed a bill to limit the removal of prospective jurors without cause.
The California Legislature this week approved two bills aimed at reducing discrimination in jury selection and criminal cases.
In a year marked by protests across the nation against police killings of Black men and women, the legislation was among only a handful of bills addressing racial discrimination in the criminal justice system that progressed to the governor’s desk.
Assembly Bill 3070, sponsored by California Attorneys for Criminal Justice and introduced by Assemblywoman Shirley Weber (D-San Diego), would limit the removal of prospective jurors without cause, a change intended to prevent discrimination based on race, ethnicity, gender, gender identity, sexual orientation, national origin or religious affiliation.
Advertisement
“It represents a much needed and timely change to fix our criminal justice system,” Weber said.
In a criminal jury selection process, members of the jury pool must answer questions to determine whether they would be capable of making an impartial judgment in the case.
Prosecutors and defense attorneys can remove jurors for cause, such as having a relationship with a defendant, a financial interest in the case, stated opinions or bias. Attorneys can also exclude someone from a jury without stating a cause by using a peremptory challenge.
Current state law prohibits peremptory challenges based solely on an assumption that a prospective juror was biased due to the person’s race, religion, gender or similar grounds. Proponents of AB 3070 say that because the existing process to object to such a peremptory challenge requires proof of an attorney’s intentional bias in striking a prospective juror, it has failed to prevent discrimination in jury selection and instead disproportionately harms people of color.
Weber’s bill changes the process by shifting the burden of proof from the attorney objecting to the peremptory challenge to the attorney who removed the prospective juror.
If a peremptory challenge is called into question, the attorney who rejected the juror would have to provide a reason for the exclusion. A judge would then weigh the answer to determine if there is a substantial likelihood that an objectively reasonable person would “view race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or perceived membership in any of those groups, as a factor in the use of the peremptory challenge,” according to the bill.
“This bill is about ending what has been going on for many, many years in this country, specifically the exclusion of Black and brown communities from juries, a problem that has been with us and that undermines confidence in the entire system,” Sen. Scott Wiener (D-San Francisco) said on Sunday when the bill came up for a vote on the Senate floor.
Opponents of the legislation, including the California District Attorneys Assn., have argued that lawmakers should wait until a working group formed by California Supreme Court Justice Tani Cantil-Sakauye finishes a study of jury selection and suggests steps to address discrimination. Others said it could slow the court process.
Sen. Tom Umberg (D-Santa Ana) gave an example of trying a case against white supremacists who were charged in a cross burning on a Black family’s lawn when he was a federal prosecutor in Orange County in 1989. Umberg said he used peremptory challenges to remove other potential jurors, based on characteristics such as their clothing, in order to include a Black person on the jury.
“I desperately wanted an African American on that jury because I thought that they might be able to explain, understand, what burning a cross on someone’s front lawn meant because the defense was this was a prank, this was just a neighborhood quarrel out of control,” Umberg said in speaking against the bill. “Burning a cross is not a prank. It was an act of terrorism, an act of terrorism and to overcome that defense I wanted somebody on that jury that could explain that.”
Recent amendments to AB 3070 have delayed the timeline of the legislation — it would apply to criminal jury selection beginning in 2022. The change would also apply to civil cases starting in 2026.
After the bill failed in the Senate Sunday, it was granted reconsideration and squeaked through with a 21-16 vote the next day. The Assembly sent the bill to the governor late Monday.
Advertisement
The Legislature approved a similar measure addressing racism in criminal cases from Assemblyman Ash Kalra (D-San Jose).
AB 2542, which was sponsored by social justice groups, seeks to counter a 1987 U.S. Supreme Court decision that held defendants must prove intentional discrimination in arguing bias affected the legal process in their case. States can establish their own laws to address racism in their criminal justice systems.
Under the bill, defendants would be allowed to file a motion in trial court or petition for a writ of habeas corpus, and attempt to vacate a conviction or sentence to prove by a preponderance of the evidence that an attorney, law enforcement officer, juror, judge or expert witness exhibited bias or used discriminatory language about their race, ethnicity or national origin.
Defendants would also be allowed to show that they were charged or convicted of a more serious offense, or were given a more severe sentence than defendants of other races in similar circumstances, among other discriminatory actions. A defendant could also argue that jurors were eliminated based on discrimination in jury selection.
“It is time to establish a statewide policy that makes it unlawful to discriminate against people of color in the state’s criminal justice system,” Kalra said before the vote to send the bill to Newsom. “As millions march for racial justice, we cannot stand still.”


latimes--2020-09-01--Second effort to boost wildfire funding falls flat in the California Legislature

An eleventh-hour push in the California Legislature to direct $ 500 million to wildfire response and prevention fell flat Monday , marking the second late attempt to boost fire funding that failed in the last week .
The efforts to secure more money for wildfires fizzled out as blazes burned more than a million acres across the state during the frenetic final days of the legislative year .
Arguing that California needs to do more to prevent fires , Democrats in the Senate came up with the plan to spend $ 500 million dollars on fires after a bill to @ @ @ @ @ @ @ climate projects through the extension of a fee on electricity bills failed to gain traction last week .
But even the scaled-back spending plan was fraught with legislative hurdles that proved too difficult to overcome and the plan was scuttled before it was officially introduced .
Senate President Pro Tem Toni Atkins ’ office confirmed that the proposal was dead late Monday .
The late nature of the proposal would have required Gov .
Gavin Newsom to submit a statement to the Legislature saying the bill was necessary to address a state of @ @ @ @ @ @ @ prevents lawmakers from amending legislation in the final hours before the Legislature adjourns for the year .
Action from Newsom also hinged on the ability of the Senate and Assembly to strike a deal to support the plan , which never materialized .
The push came after lawmakers introduced AB 1659 one week ago to add 10 years to an existing utility fee for bonds to pay for wildfire and climate projects .
AB 1659 repeated a financial model lawmakers had created last year when they extended the fee for 15 years to @ @ @ @ @ @ @ for wildfire damages caused by utility equipment .
The 2019 law made it easier for utilities to avoid being on the hook for wildfire damages through a new safety certification process and created a $ 21-billion fund as an additional shield against losses from blazes linked to their equipment .
The attempt to tap customers for another decade of fees didn ’ t sit well with ratepayers , lawmakers and some of the state ’ s most powerful business groups .
The California Chamber of Commerce , the California Farm Bureau Federation , @ @ @ @ @ @ @ Gas & Electric , San Diego Gas & Electric and the Utility Reform Network were among the opponents of the bill .
By Saturday , lawmakers had dropped the extension on ratepayers and instead mapped out a plan to come up with $ 500 million from California ’ s cap-and-trade program — which requires companies to buy permits to release greenhouse gas emissions — as well as state general fund revenues and a 2018 bond measure .
“ Our state is on fire , ” said Sen. Ben Allen ( D-Santa Monica ) @ @ @ @ @ @ @ earn support for the proposal .
“ This is a vital and urgent need and I certainly hope we can get it done.
” The money would have gone to a variety of efforts aimed at addressing wildfires and climate change , including cooling centers , backup solar power , emergency shelters , warning and detection systems , , forest health and workforce training .

TOPSHOT - A car burns while parked at a residence in Vacaville, California during the LNU Lightning Complex fire on Aug. 19.
An eleventh-hour push in the California Legislature to direct $500 million to wildfire response and prevention fell flat Monday, marking the second late attempt to boost fire funding that failed in the last week.
The efforts to secure more money for wildfires fizzled out as blazes burned more than a million acres across the state during the frenetic final days of the legislative year.
Arguing that California needs to do more to prevent fires, Democrats in the Senate came up with the plan to spend $500 million dollars on fires after a bill to generate $3 billion for wildfire and climate projects through the extension of a fee on electricity bills failed to gain traction last week.
Advertisement
But even the scaled-back spending plan was fraught with legislative hurdles that proved too difficult to overcome and the plan was scuttled before it was officially introduced. Senate President Pro Tem Toni Atkins’ office confirmed that the proposal was dead late Monday.
The late nature of the proposal would have required Gov. Gavin Newsom to submit a statement to the Legislature saying the bill was necessary to address a state of emergency and waive a state law that prevents lawmakers from amending legislation in the final hours before the Legislature adjourns for the year.
Action from Newsom also hinged on the ability of the Senate and Assembly to strike a deal to support the plan, which never materialized.
The push came after lawmakers introduced AB 1659 one week ago to add 10 years to an existing utility fee for bonds to pay for wildfire and climate projects.
AB 1659 repeated a financial model lawmakers had created last year when they extended the fee for 15 years to 2035 to generate bonds used to pay for wildfire damages caused by utility equipment. The 2019 law made it easier for utilities to avoid being on the hook for wildfire damages through a new safety certification process and created a $21-billion fund as an additional shield against losses from blazes linked to their equipment.
The attempt to tap customers for another decade of fees didn’t sit well with ratepayers, lawmakers and some of the state’s most powerful business groups. The California Chamber of Commerce, the California Farm Bureau Federation, the Western States Petroleum Assn., Pacific Gas & Electric, San Diego Gas & Electric and the Utility Reform Network were among the opponents of the bill.
By Saturday, lawmakers had dropped the extension on ratepayers and instead mapped out a plan to come up with $500 million from California’s cap-and-trade program — which requires companies to buy permits to release greenhouse gas emissions — as well as state general fund revenues and a 2018 bond measure.
Advertisement
“Our state is on fire,” said Sen. Ben Allen (D-Santa Monica) as he and other lawmakers attempted to earn support for the proposal. “This is a vital and urgent need and I certainly hope we can get it done.”


latimes--2020-09-01--Making false, racist 911 calls could soon be a crime in California under bill sent to Newsom

Calling 911 to harass or otherwise violate the rights of a person based only on their race would be classified as a hate crime that could lead to jail time and a fine under a bill passed by California lawmakers on Monday .
The legislation comes amid a nationwide reckoning on systemic racism and following confrontations across the country in which primarily white people have made discriminatory emergency calls to the police when encountering people of color bird watching and barbecuing in a park , among other everyday activities .
The problem has drawn widespread attention on social media , @ @ @ @ @ @ @ Karen , ” a label given to people — primarily white women — who make illegitimate 911 calls targeting people of color or , more broadly , who are caught on video exhibiting racist behavior .
“ You can make jokes about it .
But it ’ s not a laughing matter .
An individual could lose their life in the wrong situation , ” said Assemblyman Reggie Jones-Sawyer ( D-Los Angeles ) , who introduced the bill .
“ I was watching more and more people being adversely affected by it as @ @ @ @ @ @ @ for someone who was bigoted to target Blacks and Latinos.
” Jones-Sawyer said the problem evoked memories of the murder of Emmett Till , the Black teenager who was kidnapped and beaten to death in Mississippi in 1955 after he was accused of whistling at a white woman .
Two white men accused of killing Till were acquitted , and the woman who made the allegation later recanted some of her claims .
The case helped galvanize the civil rights movement of the 1960s .
The legislation , AB 1775 , passed in @ @ @ @ @ @ @ supported by the California State Sheriffs ’ Assn .
and League of California Cities .
The bill now heads to Gov .
Gavin Newsom for his consideration .
Approval of the measure comes just months after a video of a white woman calling the police about a Black man in New York City ’ s Central Park went viral .
Amy Cooper called to report that she was being threatened by “ an African American man.
” The man , Christian Cooper , who birdwatching , videotaped the incident and it was posted @ @ @ @ @ @ @ in July with a misdemeanor for filing a false report .
That same month , San Francisco County Supervisor Shamann Walton introduced a measure called Caution Against Racially Exploitative Non-Emergencies — the CAREN Act — that would make discriminatory 911 calls a hate crime .
Walton ’ s measure was filed shortly after a person called the police to report a Filipino man stenciling “ Black Lives Matter ” in chalk on the wall of his own house in the city ’ s Pacific Heights neighborhood .
The bill approved by state lawmakers @ @ @ @ @ @ @ knowingly makes a false and harassing 911 call on another person in a protected class — which includes race , color , ethnicity , religion , nationality , country of origin , ancestry , disability , gender , gender identity , gender expression or sexual orientation — can be charged with a misdemeanor and punishable by up to one year in a county jail and a fine of not less than $ 500 .
Calling 911 to harass other individuals would also be a misdemeanor punishable by a $ 250 fine or up @ @ @ @ @ @ @ .
The legislation also expands the rights of someone targeted by discriminatory 911 calls to file a civil suit seeking damages .
“ What this bill does is address the misuse of 911 , when it is used specifically as a harassment tool , or to result in a false police report aimed at harassing , a person based on either their skin color or one of the other protected characteristics , ” said state Sen. Nancy Skinner , ( D-Berkeley ) , one of the co-authors of the bill along with Assemblyman @ @ @ @ @ @ @ bill does not apply to 911 calls made by people who have an intellectual or developmental disability that makes it difficult for them to understand the consequences of their actions .

An image from a May 25 video shows Amy Cooper calling the police on Christian Cooper, a Black man who was watching birds in New York’s Central Park.
Calling 911 to harass or otherwise violate the rights of a person based only on their race would be classified as a hate crime that could lead to jail time and a fine under a bill passed by California lawmakers on Monday.
The legislation comes amid a nationwide reckoning on systemic racism and following confrontations across the country in which primarily white people have made discriminatory emergency calls to the police when encountering people of color bird watching and barbecuing in a park, among other everyday activities.
The problem has drawn widespread attention on social media, leading to memes coining the term “Karen,” a label given to people — primarily white women — who make illegitimate 911 calls targeting people of color or, more broadly, who are caught on video exhibiting racist behavior.
“You can make jokes about it. But it’s not a laughing matter. An individual could lose their life in the wrong situation,” said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), who introduced the bill. “I was watching more and more people being adversely affected by it as this [Trump] administration gave license for someone who was bigoted to target Blacks and Latinos.”
Jones-Sawyer said the problem evoked memories of the murder of Emmett Till, the Black teenager who was kidnapped and beaten to death in Mississippi in 1955 after he was accused of whistling at a white woman. Two white men accused of killing Till were acquitted, and the woman who made the allegation later recanted some of her claims. The case helped galvanize the civil rights movement of the 1960s.
The legislation, AB 1775, passed in both the Senate and Assembly and was supported by the California State Sheriffs’ Assn. and League of California Cities. The bill now heads to Gov. Gavin Newsom for his consideration.
Advertisement
Approval of the measure comes just months after a video of a white woman calling the police about a Black man in New York City’s Central Park went viral. Amy Cooper called to report that she was being threatened by “an African American man.” The man, Christian Cooper, who birdwatching, videotaped the incident and it was posted on Twitter.
Amy Cooper was charged in July with a misdemeanor for filing a false report.
That same month, San Francisco County Supervisor Shamann Walton introduced a measure called Caution Against Racially Exploitative Non-Emergencies — the CAREN Act — that would make discriminatory 911 calls a hate crime. Walton’s measure was filed shortly after a person called the police to report a Filipino man stenciling “Black Lives Matter” in chalk on the wall of his own house in the city’s Pacific Heights neighborhood.
The bill approved by state lawmakers on Monday states that a person who knowingly makes a false and harassing 911 call on another person in a protected class — which includes race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, gender identity, gender expression or sexual orientation — can be charged with a misdemeanor and punishable by up to one year in a county jail and a fine of not less than $500.
Calling 911 to harass other individuals would also be a misdemeanor punishable by a $250 fine or up to six months in a county jail. The legislation also expands the rights of someone targeted by discriminatory 911 calls to file a civil suit seeking damages.
“What this bill does is address the misuse of 911, when it is used specifically as a harassment tool, or to result in a false police report aimed at harassing, a person based on either their skin color or one of the other protected characteristics,” said state Sen. Nancy Skinner, (D-Berkeley), one of the co-authors of the bill along with Assemblyman Rob Bonta (D-Oakland).
The bill does not apply to 911 calls made by people who have an intellectual or developmental disability that makes it difficult for them to understand the consequences of their actions.