CVUSD Superintendent Changes Sex Ed from ‘Opt-in’ to ‘Opt-out’ without a Board Vote

CVUSD Superintendent Mark McLaughlin

In a stunning statement near the end of the June 19, 2019 open session of the board of trustees of the Conejo Valley Unified School District (CVUSD), Superintendent Mark McLaughlin appears to have overstepped his authority – and perhaps violated the law – by unilaterally changing the district’s sex education from ‘opt-in’ to ‘opt-out’ without a vote from the school board.

In CVUSD Administrative Regulation (AR) 6142.1, under the Parent/Guardian Notification section, it clearly states that “District ‘Opt In’ parent consent forms will be made available to all parents/guardians by CVUSD Health Educators prior to the commencement of Sexual Health And HIV/AIDS Prevention Instruction.”

CVUSD Superintendent Changes Opt-In to Opt-Out without a Vote

The superintendent cannot change administrative regulations of the board without a board vote, even if the purpose of that change is to bring the regulation into better alignment with state law.  In 2003, Senate Bill 71 made sex education ‘opt-out’ statewide. CVUSD has been therefore out of compliance in this regard for sixteen years, which begs the question: why did he decide to make this change right now, of all times?

This is a fundamental change in our community that impacts parental rights, and it was quietly made without fanfare, discussion, or even a vote. It appears that either the superintended violated California Ed Code by making a policy change without board approval, or he violated the Brown Act by getting board majority consensus about the change secretly, outside of open session.

Either the board majority wanted to avoid a messy public discussion about changing sex education policy, or the superintendent made that decision on his own. Either way, it may have been illegal and, if so, someone should be held accountable.

Superintendent Mark McLaughlin did not respond to our request for comment.