Trustees approve first reading of non‑discrimination policy after debate over state law and local authority

Modesto, Calif. — The Modesto City Schools Board of Trustees on April 11 approved the first reading of board policy BP 0410 (Non‑discrimination in district programs and activities) after extended debate over how much the policy reiterates state Education Code and whether the board was ceding local authority.

Steven Bocha, the district's director of legal compliance and investigations, told the board the draft updates reflect recent state and federal statutes and court decisions and add explicit language on complaint routing, accessibility for individuals with disabilities and prohibitions on racially derogatory team names. “This board policy is being presented for a first reading based on changes made pursuant to updates to various state and federal statutes as well as court decisions,” Bocha said during the presentation.

Trustee Mesta and others asked why the district would restate the Education Code verbatim in a board policy. Mesta said it felt “odd” to adopt a policy that appears to tell the board what it cannot do, a concern echoed by Trustee Marks and others who said the new redlined language was broad enough to affect curriculum, facilities and athletics. Associate Superintendent Rich and legal staff replied that some statutes expressly or implicitly require districts to adopt policies that implement statutory requirements and that a board policy can provide a framework for an administrative regulation (AR) that explains how the district will enforce the law and handle complaints.

The debate centered on two practical concerns: whether the district needs an accompanying AR before adopting the policy and whether the policy’s phrasing eroded the board’s discretion over curriculum adoption. Several trustees requested either removal of the disputed paragraph or the inclusion of an AR explaining how the policy would be implemented; staff acknowledged there is no AR yet for this policy and suggested returning the section to a future meeting if the board wanted to add one.

Trustee Mesta moved to approve the policy with a revised title — "Non‑discrimination rights in district programs and activities" — to make the document’s focus clearer to members of the public. Trustee Lopez seconded. The motion carried with one recorded opposition (Trustee Marks). President Mia announced the motion passed and said the change in title was intended to emphasize the policy’s core purpose: to articulate the district’s commitment to not discriminate and to point stakeholders to complaint pathways.

What’s next: The board approved the policy as a first reading. Trustees asked staff to return with any proposed administrative regulation to clarify implementation, and several trustees asked that the public be given further opportunity to review the specific new paragraphs before the second reading.

Speakers quoted: Steven Bocha; Trustee Mesta; Trustee Marks; Associate Superintendent Rich.

Ending: The board moved on to a block of additional first‑reading policy updates after the vote; BP 0410 will return for a second reading once staff provide follow‑up materials and any AR language requested by trustees.