- Elizabeth Larson
- Posted On
Kelseyville Unified School Board resolution against COVID-19 mandates fails
With one board member, Gilbert Rangel, absent, the board deadlocked on the resolution with a 2-2 vote and it therefore died, said Board Chair Rick Winer.
In August, the California Department of Public Health issued a new public health order requiring all school staff to either show proof of full vaccination or be tested at least once per week.
In October, Gov. Gavin Newsom announced his plans to add the COVID-19 vaccine to the list of vaccinations required to attend school in-person when the vaccine receives full approval from the Food and Drug Administration for middle and high school grades, making California the first state in the nation to take such action.
Since then, only one other state — Louisiana — has announced similar plans for student vaccinations.
California’s mandate is not yet in place due to the pending FDA approval but Newsom’s office said it was expected to apply to grades seven to 12 starting on July 1, 2022.
However, with that mandate on the horizon, beginning in December, several Lake County school boards began to consider resolutions asking the state not to enforce vaccine mandates for students and staff.
The resolutions were all essentially identical, except for dates, district names and resolution numbers.
Approving resolutions so far have been Konocti Unified, Lakeport Unified and Lucerne Elementary.
On Tuesday night, Middletown Unified also approved its version of the resolution in a 3-2 vote, with board members Annette Lee and Larry Allen voting against it. The district had originally considered that resolution in December but took no action.
Upper Lake Unified has not considered the resolution, which Superintendent Giovanni Annous confirmed to Lake County News.
Winer said during Tuesday night’s meeting that the resolution language was given to the districts by Lake County Superintendent of Schools Brock Falkenberg.
Kelseyville Unified modified its version the most of any district, adding language stating that the district would “continue to partner with public health agencies to provide education material and offer vaccination opportunities for school-age children and employees; however, the governing board respectfully asks that the California Legislature not mandate the COVID-19 vaccine for students and staff of TK-12 grade Local Education Agencies.”
It also pledged that the district would petition the state that the COVID-19 vaccine not be a condition of enrollment for students or employment for staff.
The resolution came to the board in the midst of a shutdown of schools due to lack of staffing, which later in the meeting Board member Natalie Higley called ironic.
Superintendent Dave McQueen said they literally do not have enough staff at each school site due to staff needing to follow quarantine and exposure guidelines set down by the California Department of Public Health and Cal/OSHA.
McQueen said they’re hoping to be able to start fresh with school openings on Monday, Jan. 24.
Public members debate vaccine safety
Originally, the resolution was to be discussed at the end of the meeting, but Winer asked to have the agenda order changed to accommodate the community members who had come to hear the discussion.
Before the board discussed the matter, Winer welcomed public comment.
Four people spoke on the matter, with one person supporting vaccinations and three others raising questions.
Teacher Kerry Smith told the board, “Vaccines are what we need to keep our schools open,” to keep children, families and community safe, and to move from a pandemic to an endemic virus. She questioned why the district wouldn’t use data in looking for the best ways to protect its staff and students.
She said she spoke to Dr. Marlene Quilala, a local pediatrician, who gave her passionate support to vaccinating children. Quilala said she has seen zero adverse reactions among her pediatric patients.
“This should not be cafeteria science,” where you pick and choose, said Smith. “This is a public health issue and we are a public school.”
On the other side was business owner Karl Kohlruss who, based on his experience in trading biotech stocks for 30 years, said he didn’t think enough time or study had been done on the COVID-19 vaccine.
He said he has health issues, but he’s more frightened of the vaccine than the virus.
Kohlruss said the decision should be put into the hands of parents.
Board chair: Resolution will do nothing
Following a brief amount of public comment, Winer said he wanted to address the resolution itself, explaining that the district didn’t write it. The resolution came from Falkenberg, with Winer adding that he didn’t know why.
Going over the language, Winer noted, “It doesn’t say that we’re going to act as a district. We can’t do that.”
He said people think the district board has far more power than it does. “This is our public health mandate. We don’t have a choice.”
If the resolution were approved, Winer continued, “What’s going to happen tomorrow? Nothing. What’s going to happen in two months? The same thing, nothing. We don’t control this. We must follow the mandates, right or wrong.”
Board member Mary Beth Mosko asked him if he saw it as an opportunity for them to stand up. He said it was symbolic at best.
Winer said he believes the Legislature ultimately will mandate the vaccines, although not right away, and that the issue was making people very emotional.
“The bottom line is, where do you stand? I stand for the kids. I stand for safety of the staff. I stand for getting information out that’s accurate,” said Winer.
Explaining that the district, with 2,000 students, didn’t have clout to impact the state’s decision, Winer said whether a mandate will go into effect will be decided in courtrooms, not boardrooms.
In the meantime, he said the issue has become something that’s time-consuming and divisive. “I just can’t support this resolution,” he said, adding he doesn’t think it’s in the best interest of staff.
Mosko agreed in some aspects that the board didn’t have the power to dictate whether the Legislature goes through with mandating the vaccine, but she said it was important for people involved in education who believe this is not in students’ best interest to speak up against the vaccine mandates.
She said they weren’t speaking up against all vaccines, just the vaccine for COVID-19, which she claimed has no long-term safety data and that it hasn’t been used on children for that long.
“I think that argument might have worked, like, a year ago, but at this point, we’ve been using it on children for quite awhile,” said Higley.
Winer said he remembered growing up with children with limbs withered by polio. Mosko said improperly made polio vaccines had caused 20,000 children to contract the disease. Higley responded that the issues with the polio vaccine led to changes in how vaccines were handled so they are safer.
Mosko’s statement was an apparent reference to the 1955 “Cutter incident,” in which 200,000 polio vaccine doses manufactured by Berkeley-based Cutter Laboratories were given to children in five Western states. The Journal of the Royal Society of Medicine said the defective doses “caused 40,000 cases of polio, leaving 200 children with varying degrees of paralysis and killing 10.”
Higley said it’s very clear the board didn’t have control over the matter and that “some of us would like to make this into a political statement to gain points with our followers on the internet.”
“No,” replied Mosko.
Higley said it’s a political issue that has no real relevance to the running of the school district.
Mosko said it’s not political for her and she is prepared to pull her son from school if the vaccine mandate goes into effect. Higley responded that, luckily, the district has a fantastic home schooling program.
Mosko then read sections of the 2005 Declaration on Bioethics and Human Rights by the United Nations. One passage states, “The interests and welfare of the individual should have priority over the sole interest of science or society.” The other passage she read said, “No individual or group should be discriminated against or stigmatized on any grounds, in violation of human dignity, human rights and fundamental freedoms.
She suggested they could table the resolution. Winer said absolutely not. Higley also said no.
Mosko said there are letters circulating to the Legislature and the governor that are being signed by school boards.
Winer said he encouraged them to take action but just because they are taking action doesn’t mean this board would. “This is going to be decided in the courts.”
He said he’s spoken to the district’s insurance carriers. “If we do not follow the mandates, we are not covered.” And if the district has a fatality and is negligent, it’s on its own.
Board member Allison Panella said if the district doesn’t follow mandates, it loses funding. It can’t decide not to follow state law.
Mosko said it’s important to stand up as a group and say that Kelseyville is taking action like Lakeport and Upper Lake. Higley pointed out that Upper Lake hasn’t accepted such a resolution.
Winer then asked when the Lake County Board of Education — whose superintendent circulated the resolution — would have the matter on its own agenda.
Panella said she believes in science and choice. Mosko said she didn’t think the science was settled.
Winer reminded everyone that the options today that the courts said districts must offer are to be vaccinated or tested.
Higley pointed out that the district is now shut down because it doesn’t have enough staff who can work due to a good portion of them and students testing positive for COVID-19. “The irony is unreal here.”
Mosko said the irony is the vaccine hasn’t stopped it. Higley said she keeps hearing that, pointing out that there isn’t herd immunity. “The vaccinated people aren't the ones dying.”
Mosko replied that children aren’t dying. “They are now,” said Higley.
In response, Mosko said less than 900 children have died of pediatric COVID.
“So 900 children isn’t a big deal?” Higley asked.
Mosko said any death of a child is tragic but it’s 900 children out of 73.1 million children.
“Not a great way to frame that, I don’t think,” said Higley, adding that it’s not an appropriate argument and not something the board has control over.
“It is frankly ridiculous that it keeps getting brought up and to the board, specifically, it seems, just to generate an argument, which clearly I’ll give you if you want it. But it’s pointless. There’s other things we have to worry about. We have a school site safety plan on here that we should really be spending time on. And instead we’re spending it on this,” said Higley.
Winer then switched gears to laud district staff. “The people that are working in this district, in my view, are heroes — our teaching staff, our classified staff, our administration,” he said, noting they’re working under extremely difficult conditions that he, as a longtime educator, would find difficult to work under.
He then offered the resolution.
Higley and Winer voted no, Panella and Mosko voted yes. With Rangel absent, the vote deadlocked at 2-2, and Winer explained that the resolution failed due to the lack of a majority.
“We will not rehear this,” Winer said after the vote.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.