The Willow Glen Resident

Parental Rights group lets recall notice expire

Group will research grounds for ouster of school board members

By Christine Frey

The Parental Rights Organization is re-evaluating its recall campaign to oust three San Jose Unified School District board members who refused to remove a controversial book from the district's supplemental reading list, said PRO vice president Patrick O'Shea.

The group allowed the notice of intent to recall that was served to Carol Myers, Jorge Gonzales and Gary Rummelhoff at the July 23 board meeting to expire in order to research additional grounds on which the three may be charged, O'Shea said. The group had until July 30 to file a copy of the notice with the Santa Clara County Registrar of Voters.

Once they have added the new items to the notice, PRO members will re-serve the targeted trustees, O'Shea said. He did not know when this would occur but insisted it would take place "in the near future." Board members Rich Garcia and Veronica Lewis are not eligible for recall because they are up for re-election in November.

In May, the board decided to keep Luis J. Rodriguez's book Always Running--La Vida Loca: Gang Days in L.A. on the district's supplemental reading list with several stipulations: the book would only be taught to juniors and seniors in high school, a letter would be sent home informing parents that the book contains explicit passages and students would have the option of reading another book. The book--which has been taught at Broadway, Lincoln and Gunderson high schools--graphically describes the author's youth in the barrios of Los Angeles.

PRO claims that the school board's decision violates several state education codes. The board's legal counsel, Laurie Juengert, denies this, saying that because the two main sections of education code in question have never been legally challenged, they are open to intrepretation by school districts.

Education code section 51501 has been interpreted differently by PRO members and supporters of the school board. It reads as follows: "No textbook or other instructional material shall be adopted by the state board or by any governing board for use in the public schools which contains any matter reflecting adversely upon persons because of their race, sex, color, creed, handicap, national origin or ancestry."

According to PRO, Always Running portrays a number of groups in a negative light--specifically women, Mexican-Americans and European Americans--and therefore is not in compliance with the section.

During a July 23 meeting, however, Juengert told the SJUSD board that the book is a political and social history of a particular time in Los Angeles; if the book violates the section, then any material that accurately reflects social conflicts throughout history would also be in violation because they too depict racism and sexism. She added that schools would not be allowed to teach about the Holocaust or slavery.

Juengert also commented on section 60040, which reads in part: "When adopting instructional materials for use in the schools, governing boards shall include only instruction materials which, in their determination, accurately portray the culture and racial diversity of our society, including ... the role and contributions of American Indians, American Negroes, Mexican Americans, Asian Americans, European Americans and members of other ethnic and cultural groups to the total development of California and the United States."

Being a memoir, Always Running is the history of one man's experiences, Juengert said, which portrays culture and diversity as he lived it. She added that Rodriguez uses his tale to warn youth about the dangers of gang life, not to glorify it.

O'Shea disagrees, saying the book is not an accurate portrayal of society. He claims that Rodriguez is not only trying to prevent youth from joining gangs but is also trying to further his political agenda. O'Shea was uncertain of what Rodriguez's agenda is.

O'Shea admits that everyone will have their own interpretation of the book and sections, but he says, "What it boils down to is, are more people going to agree with Parental Rights Organization and support a recall, or are more people going to agree with the board of education?"

Carolyn Pirillo, an attorney with the state Department of Education, said the sections "wouldn't prohibit a discussion of literature," particularly when it is in relation to real-life events. She added that not every book is going to cover every aspect of life and that "gangs are one element of the diversity of our culture."

If the registrar approves their petition, PRO members will have 120 days to collect the signatures of 20 percent of the registered voters in each trustee's district. In order to proceed with a recall, PRO will have to collect more than 4,500 signatures for Myers, 2,600 for Gonzales and 5,100 for Rummelhoff.

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