(9:00 pm ECCL Site)
After hearing dramatic testimony from ten teachers concerning primarily the safety of the children at the construction site of the Center of 'Community' Life for tomorrow's scheduled first day of school, the School Board is seeking legal counsel to consider an emergency delay of the opening of the school.
Teachers expressed concern that the site is unsafe owing to its unfinished condition and they complained the District had not even prepared the academic curriculum for the long planned start up. Adding to the drama of the safety concerns was one teacher who testified in a leg cast after she broke her leg on an unsafe level change at the school site two days ago while attempting to prepare for the opening of the school. At least two other teachers also tripped on the hazard it was reported. Three Board members said the school should not open tomorrow.
Superintendent John Rubio told the Board he intends on opening the school regardless of the teacher concerns calling their pleas on behalf of the children's safety "An emergency created out of thin air". As of 9 pm tonight, the question of opening the school tomorrow am is still up in the air.
Several hundred parents with their children are expected to descend on the site in about ten hours.
UPDATE- 10 PM
After taking advise from legal counsel, Superintendent John Rubio and School Board President John Affeldt refused to call the question of a duly motioned and seconded motion to delay opening the school citing a possible Brown Act violation were such a vote to happen. After losing an earlier straw vote (3-2) where the Superintendent and Board President made their views on opening the school regardless of the safety problems brought up by the teachers, the two said a vote would be illegal and they downplayed any safety problems with the construction site, teacher injuries notwithstanding.
In a moment of passion, Mr Rubio volunteered to walk the entire campus starting at 7 AM, clearing unsafe construction materials and debris. Later he said it was too late to inform parents that the school opening would be delayed even if they could delay it. Board member Patz invoked a provision within the Brown Act that allows the Board to take such an action after having declared an emergency situation, a finding Mr Affeldt was unimpressed with. Most teachers left the room after it became clear their concerns weren't being listened to.