Teachers, Trustees, and Transparency
by: Cas Kesig, Lauren Le, Jennifer Woo, Anica Sherry, and Jane Lee
October 19, 2020
The Context
On the evening of Friday, October 16, an email was sent to OCSA families, faculty, and staff, clarifying the plan to reopen for optional hybrid learning by November 4. The occurrence that spurred this email was the OCSA Board of Trustees meeting, which took place on a Zoom call two days earlier.
These Board of Trustees meetings and records are required by law to be public, with minutes, agendas and recordings posted on the OCSA website (Wednesday’s board meeting recording can be accessed here). In a little less than an hour and a half, the formal decision was made to continue with the November 4 start of hybrid learning, despite nearly 20 teachers and parents opposing this at the start of the meeting.
Opacic’s Accusations
OCSA’s Founder and Executive Director, Ralph Opacic, was conspicuously present at the Board of Trustees meeting. Though he may have more name recognition than the Board Members themselves, it’s safe to say that most students only know him as the visionary in charge who sings “Forever Young” at graduation. Yet he was quick to assert himself after public comments were given, with words that were extremely dismaying to many teachers, students and parents in attendance.
“We’re receiving a flood of emails from parents that have indicated that there is an organized, intimidation, bullying campaign by teachers for kids that are thinking about coming back hybrid.” said Opacic.
As evidence to back his claim, Opacic read an email, written by an unidentified parent, that claimed that teachers were “launching a coordinated campaign” to intimidate students and have “created so much confusion about the process that the kids now fear angry retribution from the teachers if they choose to return.”
This accusation appalled teachers.
For many teachers and staff members, the last four days have consisted of phone calls with colleagues, tears and rollercoasters of emotions. Beyond the direct implications of the board’s decisions, many teachers were offended by the way Opacic spoke to them.
“The fact that the man who is supposed to be our visionary and our leader attacked teachers is unconscionable to me,” said an anonymous academic teacher, who will be referred to as Anon.
If there really is an “organized, intimidation, bullying campaign by teachers,” somebody needs to Text-A-Tip, as administration would say.
“It was unfair and unacceptable for teachers to heap their personal problems on students, as young as 12, as these are complex issues appropropriate for adults, not children to navigate.” said Opacic, in reference to an alleged group of teachers expressing their fears of returning to hybrid learning.
Out of the few students who attended the Board of Trustees meeting, Lily Gerhard (CW ‘22) unmuted herself and spoke out against this statement. “I told the board that reducing these concerns to ‘personal issues’ came off as unempathetic… [Some people] can’t afford to risk [going back] because of medical concerns.”
One person’s actions affect those they interact with, and the circles those people hang out with as well. However, these “personal issues” become interpersonal when someone’s health may be compromised by what a hybrid student’s sibling may have chosen to do over the weekend.
In a later attempt to address a statement made by a board member, Gerhard was muted, shocking her and the other students watching.
Opacic was quick to assert that he was unaware of all the concerns made during public comment, saying, “It’s great feedback, would have loved to have it over the last eight weeks.” He also said, “I think we need to see the whole picture about what’s happening.”
So why aren't we getting it?
“Everything we talked about in the reopening task force was hypothetical. Not once did we talk about reopening on November 4th, because we didn’t have any guidelines for reopening. We tried to relay that message to the board members along with messages from several teachers, all but one board member disregarded those messages… So obviously our negotiations team and reopening task force wasn’t heard,” said Marla Cross, science teacher and union president. “Only four teachers out of those surveyed wanted to come back November 4th.”
Opacic’s response to the negotiating team’s words falling on deaf ears was, “They did listen to the negotiating team, which is why we decided not to open in October like all the other large school districts in Orange County.” But it’s not like Santa Ana’s statistics of disproportionate infections and the large residential reach of the unique campus was reason alone to pump the brakes on hybrid learning. OCSA is also not the only school that has yet to move forward with on-campus instruction, as the Santa Ana, Long Beach and Newport-Mesa Districts have all postponed reopening until January, at the earliest.
Students Take Action
The news came on Thursday morning that two beloved OCSA student counselors, Kara McCann and Daniel Hulse, would soon be on unpaid leave. There were immediately petitions and email templates circulating the social network of the student body.
A petition made by Michael McDonald (IA ‘22) advocated for keeping teachers and counselors paid rapidly circulated around Instagram, gaining almost 4,000 signatures as of Sunday morning. McDonald told us that receiving Mr. Hulse’s devastating farewell email is what inspired him.
“Seeing [Mr. Hulse] effectively lose his job broke my heart, because he’s never been anything but good to me and all of his students,” said McDonald.
Aside from petitions, screenshots of emails and information regarding how to support the teachers union have been circulating. Christina Miles, a senior in the creative writing conservatory, put it simply, “Me not having a senior year is nothing compared to my teachers not having a job in the middle of a pandemic and a recession.”
Bridget Phillips (MT ‘22) is just one of many who were quick to state their opinion and gratitude for their counselors in concise paragraphs on Instagram. Phillips initially wasn’t affected by the shift from distance to hybrid learning. “It was only when I saw that my very own counselor was being harmed by it,” she said. At this time, though, not many students were aware that this was a result of the decision made by the Board of Trustees.
Four students, Jacqueline Blom (CCD ‘22), Lauren Stiles (FTV ‘22), Nona Nishigawara (FTV ‘22), and Avery Cather (FTV ‘22) took it upon themselves to briefly summarize the events of the one hour and 23 minute meeting on a Google Document, accompanied by timestamps and official titles of those who spoke. This was soon posted and reposted, making information much more accessible, but not necessarily answering the questions many have.
The Board of Trustees
“Who are the Board of Trustees? Term limits [are not on the website], their emails are not in the OCSA gmail suite,” said Stiles. It’s not like they’ve spent lengthy amounts of time on campus familiarizing themselves. Despite not being readily accessible on the main site, Page 8 of the OCSA Board Governance Policies and Procedures reveal that there are in fact, no term limits.
Gary Humphreys, Jessica Herthel, Vincent Foley, Maria Newkirk Fong, Paul Satkin—chances are you’ve never heard these names before, or only have a vague impression of their connections to OCSA. However, this is the group that made the decision to go forward with the November 4 reopening date in a three-to-one vote.
Humphreys, a long-time educator, was the singular chair member who voted against the ultimate ruling. He told Evolution that he is a “proud member of the OCSA Board, even when he disagrees.”
The process of finding the board members' personal emails to contact and make demands required extensive communication with a few OCSA teachers.
Anon pointed out that “when the Orange County Department of Education was giving their recommendation to the Orange County Board of Education during last year’s charter discussion, one of the sticking points was conflicts of interest on the board.” OCDE’s scruples can be viewed on page 6 of the OCBE’s agenda items from a meeting February 24.
The chief concern is the lack of transparency requirements for the OCSA Board of Trustees, whose members are appointed (sans vote, as is customary in most school districts) by the OCSA Foundation. In turn, the Board hires the Foundation’s Executive Director: Opacic. This method of operation raises some eyebrows, especially because of overlap between the Board and the Foundation, which is composed of “prominent cultural and business leaders.”
“Are they smart people?” said Anon. “Yes. Are they representative of our OCSA population in terms of socioeconomic status, race, gender, creed? No.”
Opacic informed Evolution that each board member is a current or former OCSA parent. ”Who better than an OCSA parent to make decisions with the best interest of our students at heart?” he said.
The Board’s swift motion to vote on the reopening date and subsequent meeting adjournment, despite more than an hour of public comments, did not convince attendees of their capacity to make empathetic, well-informed decisions on behalf of OCSA students and staff. Despite months of strategic planning by the reopening committee, it’s apparent that neither teachers nor board members received timely or comprehensive communications.
Reopening Deadlock
It is important to not confuse the criticism of the current reopening plan with the opposition of returning to school at all.
“We’ll come back. We don’t mind reopening. But we need an MOU in place with policies and procedures that are going to help keep us safe, keep our students safe and keep the learning at the most equitable highest quality it’s going to be. And right now, we are being attacked and told that we didn’t provide that information to them when we did,” said Anon.
An MOU, or Memorandum of Understanding, although not legally binding, lays out guidelines and responsibilities of the involved parties. In this scenario, an MOU would ensure that teachers have a written record of their protections and duties in the new hybrid model. During the meeting, Opacic said that the MOU was received on October 13, which is yet to be confirmed by any of the teachers.
A spokesperson for the OCSA Teachers Association wanted us to know “that teachers WANT to return, we need more time to do so in a safe and sane manner.” The OCSATA addressed the “need to support each other,” and are asking OCSA executives for “more time to to get a contract and safety protocols in place that protect the ENTIRE OCSA community and allows us to deliver the same robust instruction.”
And all this isn’t even considering conservatory teachers. That’s a whole different issue, one that raises even more skepticism about “open communication”. Classical dance teacher Kathleen Jenkins was not even aware a Board of Trustees meeting had taken place and why so many of her students were distraught during class on Thursday, October 15.
Since conservatory faculty are independent contractors and do not have the same union protections as academic staff, they have their own set of valid concerns regarding their job security and personal health. (View OCSA teacher’s options for medical/emergency leave here)
“We have been asked by Administration to keep our thoughts and feelings to ourselves until a unified statement is presented from them.” said an anonymous conservatory director. Even in the relatively unlikely situation that these reopening decisions were, in fact, made collaboratively and cooperatively, there is no denying that there is a degree of hierarchical censorship.
This structure of how power is distributed can be seen through infographics that are available, but well tucked away in the pages of the OCSA website. Page 90-93 of the Charter Renewal packet has some further insight on the matter.
After hearing concerns from parents and teachers at the board meeting, Opacic continued his broadcast. “I’m kind of surprised… that today, three weeks before we’re opening, this is the first time that some of our faculty and staff have heard this information.” It’s hard to believe that opposition to these vague safety measures comes as a surprise to the Board. After all, many heard how quickly Opacic pulled up the parent email to attest to his point during the meeting.
“It was like he was trying to punish the teachers for using their First Amendment rights to voice their concerns,” said Marla Cross, science teacher and teacher union president, “The teachers that I’ve talked to feel like we’re not important to OCSA… that we’re expendable.”
The Board’s Governance Policies and Procedures lists their primary roles, including “Involving the community, parents/guardians, students and staff in developing a common vision for the school, focused on learning and achievement, and responsive to the needs of all students.” Similarly, the director is tasked with “Valuing, advocating and supporting the School and all stakeholders.” It’s safe to say that after the events of the previous week, most teachers and students feel in short supply of involvement and support.
Opacic’s Statement
“Over the past few days, we have been listening to all questions and concerns related to reopening with the utmost care, and are continuing to research possible adjustments to the reopening instructional model that will give the largest number of students, parents, faculty, and staff the arrangements that will work best for their unique needs.
Now that Orange County is in Tier 2, the California Department of Public Health has determined that it is safe for schools to open under specific safety guidelines that we are implementing and have described thoroughly in our School Reopening and Safety Plan. For the past several weeks, many of our neighboring schools and school districts have successfully begun operating in a hybrid/in-person learning environment including Irvine USD, Orange USD, Tustin USD, Saddleback Valley USD, Capistrano USD and Mater Dei High School. When we surveyed our families, we found that more than 40% of OCSA students have expressed their preference to return to campus in a hybrid/in-person learning environment. We are doing everything in our power to meet the needs of our constituents, while also ensuring the safety of faculty, staff and students.
The decision to begin hybrid/in-person learning in November was approved last week by the OCSA Board of Trustees, which is made up of five dedicated and long-time members of the OCSA community. Each board member is either a current or a former OCSA parent, and has seen OCSA through former challenges and opportunities. Who better than an OCSA parent to make decisions with the best interest of our students at heart?
We believe that all employees are an essential part of the fabric that makes OCSA the special place that it is today. My sincere hope is that the OCSA family can come together and find a solution that will meet the needs of all of our students, while ensuring the safety of our faculty, staff and students to the greatest extent possible.”
– Ralph Opacic, Founder & Executive Director, Orange County School of the Arts
This is the statement that Opacic provided to Evolution (as a supplement to the clarification email sent to all OCSA families), when asked if he wished to comment. Despite the newest release of information, there remain a few outstanding questions.
The California Department of Health has deemed reopening safe, as Opacic specifies, but OCSA is an exceptional school under exceptional circumstances—a unique campus layout is only one roadblock, and, as many teachers and students expressed at the board meeting, our current reopening plans seem to only vaguely address those needs.
Education equity is another concern. The update also claims that “[teachers] may elect to teach only to the students in front of them,” suggesting a possible instructional disparity.
Additionally, with an overwhelming majority of teachers objecting and no resolution or proposal in sight, financial anxieties are coming to the forefront of the issue. “The real OCSA family,” said Anon, “are the people having to think about whether they can swing an unpaid leave.” Teachers, who lack the job security enjoyed by the Board of Trustees and Opacic himself, are put in a difficult position.
The Counterargument
Since the October 14 meeting, the percentage of students who have committed to the full distance model has increased from 59.3% to 62.6%. While this shows that the majority of students wish to stay distanced, it is important to acknowledge that some students need to return to school.
“I think students who need to be on campus should be, because some of them might not have the home life, [...] and some some of them need to get out of that situation.” said an anonymous elective and conservatory teacher.
“As a PSO, we fully understand there are families that for whatever reason, need to be on campus. For the most part, we are really concerned for the people who don’t have online capabilities and especially for food insecurity,” said Kelly Townsend, PSO president.
One classical voice alumnus, Adin Boyer, responded to the student uproar on his Instagram story, saying “Some people like myself have been constantly at war over their learning disability and feeling like a constant failure because they can't learn how they’re expected to. It's not just a preference to be hybrid or not, it can be a NEED.”
Townsend also reinforced that it’s important to work with Administration, not against them. It is imperative to remember that the deans and Dr. Opacic did not participate in the vote to go back on November 4.
“I truly believe they are working very hard to come up with a plan that will encompass everyone’s needs and issues. They were all teachers at one time, so I think they understand both sides,” said Townsend.
The Takeaways
This meeting revealed an issue much deeper than the reopening debate, much bigger than OCSA itself. It revealed the rift between OCSA teachers and deans, and the folks on the other side of Main Street, an issue that predates this board meeting. Even if there was sufficient communication, it has become clear each party has differing agendas, and Opacic seems more aligned with his trustees than his teachers. There is a sense of betrayal and distrust between faculty and the Board (including Opacic) that must be mended in order for OCSA to thrive.
With OCSA continuing to grow as a powerful influence in Southern California, it is imperative that we remember OCSA’s humble beginnings. OCSA history has been filled with countless crises and controversies, but through each one the OCSA community has banded together to push through, with Opacic’s compassion and integrity leading us on the front lines. This cannot be the exception; now is not the time to turn against each other. We need not only humanity from the Board of Trustees and Dr. Opacic, but also transparency between them and the people that their rulings ultimately impact: us.
At the end of the day, OCSA is not 1010 N. Main Street. It’s our community of students, teachers, counselors, and administrative members; anyone concerned about the student body’s best interests should undoubtedly be concerned about keeping that community intact.