Challenging our public school district’s obedience to county ‘health’ ‘orders’: After I publicly document district’s outdoor mask ‘requirement’ violates CDPH/CDC guidance of ‘optional,’ Principal reminds staff outdoor masks are ‘required.’ I reply to all with documentation (again) and ask Principal to confirm facts, Principal ignores facts + incites teachers to ‘attack the messenger’ over the next 10 hours! (44 of ?)

"But he hasn’t got anything on," a little child said.

"Did you ever hear such innocent prattle?" said the child’s father. And one person whispered to another what the child had said, "He hasn’t anything on. A child says he hasn’t anything on."

"But he hasn’t got anything on!" the whole town cried out at last.

The Emperor shivered, for he suspected they were right. But he thought, "This procession has got to go on." So he walked more proudly than ever, as his noblemen held high the train that wasn't there at all.  ~ The Emperor’s New Clothes, Hans Christian Anderson, 1837 (how Patriots avoided censorship 200 years ago: place truth in children’s stories)

“The Party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”  ~ George Orwell, 1984, Book 1, Chapter 7

Perhaps the most helpful format for communication: 

My best “shot” to explain, document, and prove the “Covid” + “vaccine” narrative are Crimes Against Humanity: a 4,700-word essay I sent to ~100 teacher colleagues in September, 2021 (received with silence to the facts, with ~20 eventual responses to be removed from such communications). My May 2022 essay to our teachers’ union Board is an excellent overview of the entire history, as is my June 14, 2022 retirement letter; both with emerging data demonstrating tremendous harm from these experimental injections (2-hour overview discussion with Professor Emeritus Jim Fetzer).


Summary (links = full documentation in those specific reports): The California “lockdown orders” necessary to “flatten the curve and keep hospitals running” have lasted since March 3, 2020. The California Emergency Services Act (ESA) is derived from California Government Code 8558 (b) requiring “beyond control” hospitals to authorize emergency dictatorial orders. Because Californians never received comprehensive hospital data, our government and corporate media “leaders” are lying in omission. Because problematic “positive cases”(and here, here) were substituted for “beyond control” hospitals, our leaders lie in commission. All testimony I’ve received from ~20 medical professionals here in NorCal report all hospitals they know of have been fully within their control throughout the “pandemic,” that hospitals have comprehensive area plans for record flu seasons they haven’t needed, and certainly didn’t need the military field hospitals or hospital ships for a real pandemic.


As a NorCal public school teacher, at the start of our school year in September 2020 I questioned our district’s leadership and teachers’ union how their negotiated policy to “obey” county “health” “orders” is legal given the above reasonable limit to dictatorial authority. I cited our mutual Oath to “support and defend” the US and CA Constitutions within their limited governing authorities. I reminded the district I merely ask them as educated professional adults to perform what we expect from all our Californian Middle School students in our State teaching standards: “Cite specific textual evidence to support analysis of primary and secondary sources.” (page 81). 


From September 2020 until May 1, 2022, I chose to mask identities of individuals involved to help shield them from any possible future harm when facts emerge to demonstrate to the public that these school administrators and teachers were either knowing participants, or dupes too weak in intellectual integrity and moral courage to recognize and defend literal Truth, Justice, and the American way of limited government under constitutionally-protected inalienable/Natural rights.  I named names after 20 months of district lies and prima faciecrimes.

 

After two Sept. 2020 requests, the district contact person responded by ignoring my questions, and stating HUSD employees are required to obey “California mandates” “to protect you” (disobedient staff are placed on unpaid leave up to a year). I emailed our district superintendent, school board members, my school principal and two interested teachers that we teach all high school students in US History class that the district’s position of “just following orders” is an illegal defense, and asked again how ESA limits are being honored.


After continued district silence, I filed three legal complaints: federal, state, and a grievance for district violation of worker safety by issuing apparent dictatorial and illegal policy under direct threat of employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1).


Our union (HEA) responded with support to ask the district, and communicated privately they wouldn’t pursue the grievance to arbitration because working conditions were negotiated in good faith with high approval of union members. After I probed with a few questions, I retreated with HEA to keep them as allies with me to get answers from our contractual grievance process. That said, this first Grievance finished with district and union agreement that the complaint didn’t qualify as a grievance because all district policies were in conformance to law. Neither the district nor union ever addressed my question or citation about limits of dictatorial ordering authority.


I appealed the district’s answer to our community school board for what the district redefined as a “written complaint.” From October 2 to December 18 2020 the district was silent, despite policy promising a response within 30 days of the board’s receipt. After this December 13 reminder they were out of compliance for a response, the superintendent answered that the school board upheld the district response without comment. 


I received a “non-response” after nearly 5 months from my complaint to the US Department of Justice regarding unlimited government. My complaint to the California Department of Fair Employment and Housing complaint was fielded by a phone call response in December, their promise to follow-up, and silence since.


In March 2021, our NorCal public school superintendent sent all staff an email citing county deaths from COVID nearing 1,300 with 80,000 “cases.” He also asked for our professional responses to an upcoming survey. I responded with three basic questions: 

  • How many of our staff and students have died of (not with) Covid? 
  • What is the current and historical data for overall county deaths given controversy over causes of deaths? 
  • How many staff and students have been injured by vaccines?

The superintendent ignored my emailed questions twice, which I then shared with our school’s ~100 teachers as Chair of a school Professional Learning Community (PLC) on broad educational topics directly affecting our school’s teaching and learning. A few teachers have communicated support, but our Social Science Department found no interest in this topic when I emailed them in inquiry.


Our district superintendent then "answered" my questions, and concluded with: “If you do not agree with the state and county guidelines or if you believe we are not following them, please pursue your questions and concerns with the appropriate agency.” I responded I would do so, and report my findings. 


I followed up with 14 CA government agencies over 6 weeks, with all ignoring the question of how the limit of “beyond control” hospitals was being honored for “emergency” dictatorial authority. The only answer I received referencing limits to dictatorial orders was from CA Senator Glazer’s office, who offered that a stated 60-day limit I questioned applied only to “non-safety” related orders. I hadn’t considered an American legislature would surrender forever dictatorial powers to a governor or elected officials without a time limit, as public recourse would be limited to recall (as happened with Governor Newsom, albeit with Dominion “voting” machines, but that’s another history) or electing other legislators.


Therefore, at this point in our history, school district, teachers’ union, and CA government “answers” are at this point demonstrated as intentional lies of omission to claim they answered a question about ESA to “justify” dictatorial government while leaving out any consideration of crystal-clear letter and intent requiring that our hospitals are “beyond control.” The 14 CA government agencies claim dictatorial power to close businesses, stop social gatherings, force masking, force humans to forever remain no closer than six feet from each other, and with forever dictatorial power until legislators or governor dictate otherwise, and while lying in commission that “emergency powers” are authorized by unreliable “positive” “cases.” This power is dictated with direct threat of employment termination, $1,000 fines per violation, and one year imprisonment under Cal. Penal Code §§ 69, 148(a)(1) placed at the top of every county “health” “order.”


At the end of April 2021, I wrote a lengthy and fully documented report of those 14 CA government agencies’ responses, and emailed it with a cover letter to district leadership, school board members, teachers’ union leadership, our PLC members, and school teachers. The district’s Assistant Superintendent of Human Resources immediately responded with threats of disciplinary action for unspecified violations of district policies, as did my school principal. The district never responded to my repeated requests and Grievance to cite anything I wrote to substantiate their complaints. The district has never rescinded their first of four steps for employment termination. 


Stop and appreciate the irony of public school district leadership refusing to cite factual claims while requiring it of all middle school students. Again: “Cite specific textual evidence to support analysis of primary and secondary sources.” (page 81).


I appealed to our teachers’ union for relief (and here, here). After 4 emails and 15 days of silence from our union President and VP, I sent this email to 14 of the Board of Directors of our teachers’ union. Our President and VP then responded for a next step “to gain clarification regarding matters within our scope and discuss next steps, if any,” followed by a Zoom meeting. Our union President raised the topic at her regular weekly meeting with the district’s Assistant Superintendent of HR on May 25, 2021. The district then emailed meclaiming my PLC report “harasses or disparages” my colleagues “based on their political beliefs,” yet failed again to provide any documentation or explanation despite the union and my requests.


I responded with three employee grievances for apparent contract violations. 


On July 8, I spoke by phone with our teachers’ union president, who reported that the district would again consider my Grievances as employee complaints outside their contractual obligations, and the HR Assistant Superintendent admitted failure to address my requests for the district to document and explain their complaints.


On July 9, 2021 our teachers’ union held a Zoom conference with ~100 teachers to explain the tentative agreement for work conditions for the 2021 - ‘22 school year to obey “the most restrictive health measures” “ordered” by state, county or federal government. I asked the first public question on the call for our union to explain how the state has ordering authority given the strict limits of “beyond control” hospitals, with union president, VP, and another union board member responding they are still representing my question, but all legal information they’ve received is that there is no requirement to oppose ordering authority until proven in court. This answer is consistent with my observations that people are conditioned to be told what to do by “experts’” “orders.” 


The purpose of our mutual Oath is to safeguard inalienable/Natural rights against illegal “orders” from our own government. The United States rose as a nation because our own government issued “a long train of abuses and usurpations” in the form of illegal “orders.” Americans’ choices were to either surrender as colonial subjects under dictatorial rule benefiting Empire, or stand for what our mutual Oath “supports and defends.” Thomas Jefferson documented: 


“In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”  ~ Declaration of Independence


My school district’s final answer to my three employee grievances came on July 21, 2021: 

  1. Teachers, staff, students and families will follow “health” “orders” because they are ordered. 
  2. “Health” “orders” are whatever is ordered. The district will not respond to requests for documentation of “ordering” authority, nor even acknowledge the question was asked despite legal obligation to explain how all policies are within the limits of the law.
  3. If teachers ask further questions how “health” “orders” are lawful or healthy, they will be disciplined up to termination under the “reason” that such questions “harass and/or disparage other’ political beliefs.”

On July 24 I responded to the district’s formal initiation of “disciplinary action steps” that lead to employment termination for unprofessional conduct by offering the district choice to finally cite their unsubstantiated complaints against me or withdraw the complaints and censorship, or face my attorney. On July 26, the district’s Assistant Superintendent for Human Resources responded in refusal to substantiate their claims of my unprofessional work; claiming “The District has provided you with the appropriate documentation that has sufficiently responded to your requests. At this time, there is no additional information that can be provided to you that has not already been provided.” Our teachers union President called me with analysis from her conversations with district leadership that the district is unwilling to look beyond their legal orders, and must be forced by court or legislative orders. 


I had a productive first conversation with an America’s Frontline Doctors (AFLDS) connected attorney, who promised to converse with her team to evaluate my case for possible lawsuit support. A second conversation affirmed the strength of this case from its abundant documentation, and that the network of lawyers are filing lawsuits based on their judgment of the best cases to help the most amount of people in greatest need of protection. I promised my willingness to serve as a plaintiff if this case rises in their judgment as the most promising to litigate. I’ve been updating three law firms participating in lawsuits that have included Los Angeles USD, San Diego USD, and nearby Piedmont USD. The attorneys communicate appreciation of my professionalism, that they would enjoy representing this case, and continue to encourage my documented work for truth and justice under the law.


On September 4, 2021, I reported to my ~100 teacher colleagues my best “shot” to “red pill” them about dozens of game-changing facts corporate media never report (my published research on corporate media “reporting” lies known to be false as they were told for the many variants of the Wars on Terror). This report to teachers (at “Update 3”) is my best academic work as a scholar to publicly share comprehensive and game-changing facts to explain, document, and prove illegal “health” “orders” (and here).


On Friday September 17, our district superintendent announced the school board would address mandatory student “vaccines” on Wednesday, September 22. I responded to district and teachers’ union leadership with legal notice of their prima facie-crimes to “require” experimental medical products, and initiated another employee Grievance for contract violation guaranteeing policies in conformance to law.


On Monday September 20, the district superintendent emailed my school’s Admin Team, teachers’ union president, and me to dictate the Professional Learning Committee I chair was censored because my addressing the previous school year’s doubled failure rate with “distance learning” (the most destructive decline of student learning in district history) “is not aligned with school or district goals and may not continue. Please communicate with (school principal) how you intend to use collaboration time or participate in a PLC that is focused on standards based instruction, school, or district goals.” Consistent with history, the superintendent failed to cite anything I wrote to demonstrate his factual claims.


On Wednesday September 22, the school board voted 5-0 to “mandate” full student “vaccination” for “Covid” (again, please see my essay to ~100 teachers for absolute proofs of deserved quotation marks). The public comment session for 1-minute remarks were ~15 against and ~25 for. Four parents and two employees contacted me from my public comment including invitation to do so, which began our ongoing conversations and actions. My three employee Grievances (at that point) also gave our teachers’ union an ultimatum to honor our contract that all district policies be “in conformance with law” by standing with me against the district’s illegal “mandates” that violate US Codes 21 and 18, and California Government Code 8558 (b) that “emergency orders” authority requires “beyond control” local resources (hospitals in this case). CDC’s latest data seemed definitive proof that California and national hospitals are well within control, just as each and every one of the ~20 local doctors, nurses, and other professionals I’ve asked have told me since March 2020.


On October 2, I sent a second email to our teachers’ union President, VP, and district Board Members arguing for their legal and Oath-sworn obligation to stand with me to force the district to explain the legality of their “health” “orders” given the above crystal-clear in letter and intent legal limits (the district’s stated position is “we just follow orders, and so will you”).


On October 17, 2021 I sent another Professional Learning Committee (PLC) report to district and union leaderships + Boards, and ~100 teacher colleagues with two central topics. First: HUSD refuses to address limits to state/county/district “health orders” regarding required student and teacher use of Emergency Use Authorized medical products (EUAs), despite :

The second topic of the October 17 PLC report is that our teachers’ union shared their position why “health orders” to “require” EUAs is lawful: the government is not kidnapping and forcibly injecting teachers. Yes, seriously; that’s their “legal” “justification”: as long as the principal isn’t tackling teachers in the hallway to forcibly inject them at will, the policy of staff forced unpaid leave respects Title 21 freedom for full choice over medical experiments. I was glad to force an answer, and didn’t pursue further as I’d still rather keep the union as a partner to force reasonable district answers.


On October 21, 2021, our teachers’ union president emailed me to declare my employee grievance void that requested the district to either cite their legal authority for EUA work requirements given the limits of three definitive laws, or to downgrade “requirements for employment” to “advice.” The “reason” given was the union claims that the district doesn’t have to cite legal authority for policy because any proofs of illegal policies “do not concern violations of the CBA (Collective Bargaining Agreement)” despite the CBA stating all district policies must be “in conformance with law.” Both HEA and HUSD claim that state dictatorial “orders” are sufficient legal authority to compel obedience, and both have never addressed our mutual STATE OATH OF ALLEGIANCE for We the People to serve as a check on exactly this problem of illegal dictatorial government orders. My three subsequent communications to union President, VP, and Board were unanswered.


On October 28, 2021, HUSD responded to my last employee Grievance of policy violating California Health and Safety Codes § 24171 to § 24176 by unilaterally declaring it “an email request” of an “employee complaint” “against the legality of EUAs” that they then dismissed because we all must “follow orders.” I challenged that stand, as well as challenging district refusal to answer basic questions about “official” exemptions to EUAs.


On November 14, after a week of “official silence” from district and teachers’ union, I poked them again with questions, request to meet, and predictions of dire consequences to HUSD for their official silence beyond “just follow orders.” I also admonished HEA’s tragic-comic consent to CTA’s position that “option to refuse” experimental medical treatments allows employee termination without future ability of re-hire in public education. Both embrace Orwellian-violations of definitive CA and federal laws that “option to refuse” means the individual is free to accept or decline experimental medical products “without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision.” 


On November 15, our school principal sent an “URGENT” email “ordering” ~200 students to the quad: “All unvaccinated students will be sent home, all vaccinated student (sic) will return to class with a pass.” I discovered I was also “health ordered” home for 10 days, until I demanded documentation of definitions from the principal, and reminding him this ordering authority requires proof I was within 6 feet of a positive case for 15 minutes. After claiming no memory of the policy, the principal and I reviewed and proved “district error” (but 14 of my students were not provided this documentation for discovery of error, nor another teacher). Although my school principal admitted he lacked authority to “order” me into isolated segregation, he still obeyed district “orders” to segregate unvaxxed students. I immediately emailed the Assistant Superintendent of HR to explain and cite district ordering authority to segregate healthy unvaxxed students, which she has failed to provide over ~20 requests up to March 2022. This week also had our teachers’ union request to HUSD accepted for a December 1 “Level III” Grievance meeting with the superintendent to discuss district censorship of my PLC and taking the first step to terminate my employment due to district claims of complaints HUSD refuse to cite. HUSD continued their 6th week of failure to provide me legal definitions of the medical/religious exemption process, but agreed to meet for discussion on Dec. 3. Both of these meetings would be attended by our teachers’ union President and me. 


Ten students voiced interest in a “Truth Club,” and submitted paperwork to our Associated Student Body (ASB) with me as their club sponsor to address “the pandemic” and other game-changing areas of truth (here, here, here). On December 1 and 3 I had Zoom meetings with district leadership and our teachers’ union President regarding the previous paragraph topics. 


On December 3rd, my principal sent another “friendly reminder” for weekly Covid testing required for my continued employment. For the second time, he mistakenly revealed all email recipients who are not vaccinated. I responded with another “reply to all” to challenge my principal to explain how the “health orders” he signs are legal given federal Title 21 requirements for optional experimental medical products without coercion, or to join those of us asking questions about how these “orders” are anything other than Orwellian-illegal. The principal chose silence as his response.


For the week of December 6, I followed-up with our school principal’s silence to our questions, and my briefed classroom students requested a Zoom meeting with the district to receive answers. Students were especially motivated to receive an explanation how the district can violate “required” health “guidance” by “ordering” healthy unvaccinated students to “separate but equal” 10 days’ “medical segregation” without evidence of “exposure” to a “positive” “tested” student by being within 6 feet for 15 minutes or more. They understood I was allowed to stay on campus because HUSD has zero evidence of exposure within 6 feet for 15 minutes, but students are not allowed the same freedom for an equal education.


On Friday December 10, I received the district’s reply to our Dec. 3 meeting: the district claimed that their policy requiring employee use of EUAs or being put on unpaid leave was a “broader right” of Title 21’s right of full and fail choice to accept or decline EUAs without coercion. I responded in detail with request for another meeting for HUSD to explain their Orwellian-inversion of simple terms to claim “broader rights” include forced student segregation and forced employee unpaid leave.


On December 14, I invited the district to surrender if they wanted to avoid an upcoming meeting with ~50 students with pointed questions. HUSD announced the following day they wouldn’t enforce student “vaccine requirements.” Because of the district’s refusal to address my questions in their December 10 response, I escalated those questions into Employee Grievances and/or District Complaints. On Dec. 18, I updated ~100 teacher colleagues on breaking events.


Also on December 14, the district superintendent officially responded to placing my PLC on two months of censorship under threat of my employment termination if I continued reporting to teachers in “unprofessional conduct” they claimed since April, but repeatedly refused to cite from anything I wrote, said, or did. They withdrew the censorship under claim that the “initial” censorship was valid due to “district confusion” that my addressing a doubled student failure rate was not “focused on standards based instruction, and/or school goals, and/or district goals.” HUSD made this claim despite the PLC report in question stating in the first paragraph that the purpose of the report is to address our doubled student failure rate (btw: the reading level in the paragraph averaged at the 10th Grade level among 5 tests). HUSD claimed they needed “clarification,” and chose censorship rather than asking clarifying questions citing any concern. HUSD also chose silence over my two months of questioning to cite their concerns and alleged policy violations, including silence to two levels of my employee Grievance. My “clarification” was sufficient to remove district censorship, but not sufficient to remove district threat of my employment termination. 


After the Winter Break on January 4, 2022, our principal reported another claimed “positive” “case” of “Covid,” and “health” “ordered” 18 of my students into “separate but equal” medical segregation for 10 days of “isolated-public education.” Two students asked for my help to stand for their rights that HUSD has zero evidence they had “close contact” within 6 feet for 15 minutes to the “positive” student, as the district claimed was the rule for unvaxxed students. My question to the principal how this is legal was responded that my question was a “negative connotation” and refused to answer with promise of no further response (Update 1).


On Thursday Jan. 6 at 6:30 AM, I emailed the leaderships of HUSD and our teachers’ union of the facts, then one of the students and I met with the principal and assistant principal before school. The student, an 11th Grade female with spark and courage, further met with the APafter I left to teach classes, with the AP calling a school nurse then an assistant superintendent for help answering the question he couldn’t answer. Nobody had an answer of the district’s authority to QU-segregate students without proof of close contact. That assistant superintendent met the following morning with that student and a second segregated student (11th Grade male with quiet intelligence and strength). Both students reported that the Assistant Superintendent spent an hour trying to talk them out of their questions, claimed the district was acting “out of abundance of caution” (a talking point our principal also used). When the students insisted on answers, this assistant superintendent promised to call the county health department to ask “what to do about these two students.” Despite having no evidence of ordering authority, she maintained the district’s “health” “order” for their isolated segregation with the prima facie-illegal claim of “separate but equal” public education. 


The assistant superintendent reneged on her promise to respond no later than Monday Jan. 10 (Update 1), and ignored my three emails requesting she state who she spoke with at the county public health department, what documents were referenced, and what was discussed. Because the assistant superintendent chose silence to these reasonable requests to fulfill her promise to two of my students, I emailed the leaderships of HUSD, our teachers’ union, and our high school’s teachers on Jan. 11, and again on Jan. 12 upon no district response (minus ~12 teachers requesting exclusion). My sharing documentation of an Assistant Superintendent’s lies to two students provoked my school principal into ad hominem attack (Update 4); stating my support of two segregated healthy students were “attacks,” “trying to indoctrinate students into his way of thinking,” and “is by far the lowest I have ever seen any "educator" sink in my 16 years in the profession.” The principal defamed my professional questions on school policies as “lengthy diatribes” “I refuse to respond (to),” then gave instructions to all my teacher colleagues how to block all emails from me on any subject. I find it difficult to imagine a more unprofessional response from a school principal to a teacher’s reasonable and cited questions on district policy.


The week of Jan. 10 to 14 was distance learning via computer because the district sent home too many healthy unvaxxed staff to keep the schools open. HUSD would later that month only send home unvaxxed students “in the same indoor space” as a “positive” “test,” but not staff: another prima facie-illegal policy with motive to not close the school and no apparent “health” concern.


On January 12, I emailed to my broadest audience the documentation of the assistant superintendent ignoring my emails requesting a report how school segregation is legal that she promised my two students, given nobody at the district can explain. The only response we received from that assistant superintendent was to our first standing student who emailed the assistant superintendent requesting a report. Her “answer:” “I do not have an update on how to prove the distance before quarantining.” Please note that this non-answer does not fulfill her promise to report on what she discovered by calling the county public health department, and is similar to a student missing a promised and due report on public policy, and when asked about it after two days being late, the student answers, “I do not have an update.” 


This is a good time to mention that the California Teachers’ Association (CTA) ignored my second request for explanation how state and federal laws for optional experimental medical products can be violated by “health” “orders” (Oct. 20 and Dec. 30). I wonder why (Update 2). 


On Jan. 14, I emailed HUSD + HEA leaderships and our school’s willing teachers that two Assistant Superintendents have refused to document and explain how student segregation to isolated “separate but equal” public education is legal. I also withdrew my consent, in what I consider an excellent public essay. 


On Jan. 18, the district emailed to all staff and community members an “updated” policy to segregate unvaxxed students and staff if they were “in the same indoor space” as somebody “testing” “positive.” My response to district and union leaderships + boards included my promise for student and community complaints if I did not receive reasonable evidence authorizing “in the same indoor space.” HUSD chose silence as their response. By Friday I had 26 of my healthy unvaxxed students “health” “ordered” to isolated segregation from this “same indoor space” invented phrase, but HUSD chose not to enforce this on staff. HUSD “picking and choosing” some arbitrary “health orders” to enforce and not other arbitrary “health orders” proves a hidden political agenda (political=policy=“what is done”) to manipulate our school community, and certainly not a commitment to “health.”


On January 17, I reported to my broadest HUSD email audience that the district’s “requirement” for masks outdoors is also apparently a contrived “order” outside their authority (CDPH + CDC state “optional”), and I raise the question of HUSD fraud. On Jan. 19, our school principal emailed all staff our monthly meeting notes from Curriculum Council. Among the notes: “Share with Departments. Was emailed to all parents and students. Wear masks inside and outside at all times.” I responded to all that requiring masks outdoors is outside CDPH and CDC guidance, so therefore the policy is in apparent error. The principal replied to all with choice to ignore the facts, and defame my response as both unprofessional and unworthy of serious reply: “Aren’t you supposed to be teaching right now”? This disrespect opened the door for other staff to attack: I responded to ad hominem replies and demands for my censorship over the next ten hours. The principal never addressed the policy question, nor the unprofessional ad hominem he began in a remarkable email chain from professional educators “dedicated to factual mastery.” I conclude this to be among the most powerful evidence against the district, and for asking obviously important questions if I seek justice in a courtroom. This also validates my ongoing observation that ~98% of people cannot rise above “official” propaganda even when facts are clearly and professionally documented. I received my relative “Socrates verdict” :)


I engaged with our Social Science Department teachers (5 of 9 opted out) regarding these policies apparently outside legal limits. I offered our two hero students instructions how to file an official district complaint. I started calling the HR Assistant Superintendent during class time on speakerphone to get answers to our questions, emailed those questions to the Health Director and her, and promised to call with my classes until we got answers (we got no answers to messages we left). 


On Jan. 22 I emailed leaderships of district, teachers’ union, and school admin (not boards) repeating documentation, questions, and promise to shine brighter light on the questions. Upon no response, on Jan. 23 I filed two more Grievances for apparently illegal policies on masks and student segregation, and promised to share the Grievances with teachers inviting their filing. I also promised to assist my 26 returning students from segregated “separate but equal” education to file complaints. On Jan. 23, the Superintendent promised a “response” the following day. On Jan. 24, I received notice from the HR Assistant Superintendent to not report to work on Jan. 25 (the first of 3 days of all-school final exams for the first semester, forcing me to cancel final exams for all my students) in order to be on a 9AM Zoom call that informed me I was placed on paid administrative leave to “investigate” my January 17 email (Update 1). 


On Jan. 24 (Update 4) I received another notification from my principal that I was: “a potential close contact with a positive case in your class.  Students that are fully vaccinated can stay in school if they are not showing any symptoms. Please let us know if you have any questions, and take care.” I responded with questions how the district can order unvaxxed students home but not staff, and where in any authoritative document HUSD is empowered for their “in the same indoor space” “health” “order.” The principal did not respond, of course.


Paid administrative leave is censorship to remove my capacity to communicate with colleagues, and to stop my participation asking questions and citing apparent inconsistencies of HUSD “health” “orders” to limits of law. This censorship is because any answer HUSD has so far provided is further demonstration their “orders” are outside the law. HUSD will extend their “investigation” about how and why I asked questions (rather than answer obvious and essential questions) until the end of the school year, I predict.


On Monday Feb. 7, I Zoom-met my CTA/HEA-appointed attorney to discuss my case from a perspective to “play defense” against any likely district allegation. I framed the case as district evasion from questions that prove illegal “health” “orders” that anyone can verify by comparing “orders” to limits of definitive laws. I also requested a professional analysis of suing the district for per se defamation and any other related protections/remedies for my professional reputation, freedoms from ongoing harassment, and coercion into retirement to avoid further abuses.


On Feb. 9, 2022, the HR Assistant Superintendent managing my paid administrative leave claimed my 5 active Grievances against the district were “in abeyance” because “contractual issues to be resolved would fall within regular work duties.” She did not respond to my request to cite district authority to destroy due process with Grievances, despite my citations of all applicable contract language I could find and imagine that both gave no such authority, and reminded all of ongoing due process rights. Moreover, in reading that section of our CBA, I discovered HR has one contractual duty to me: an “updated progress report every five work days until resolution” that the district was ignoring. I responded sharply, including my union-appointed attorney, and union President + VP + CTA liaison. HR also continued silence to my repeated requests to schedule a Zoom meeting for the district’s answers to essential questions HUSD promised to answer; some questions going back to early October 2020.


On Feb. 17 after continued district silence, I offered the district’s HR Assistant Superintendent whistle-blower status by joining our side (she did not respond). On Feb. 21, I filed a 6th active employee Grievance for the district violating seven contractual rights regarding my being placed on paid administrative leave to “investigate” how and why I’m asking questions (rather than answer them). My teachers’ union/CTA claimed that despite zero contractual language in support, my rights for Grievance due process are “in abeyance” “because” that “is the practice when folks are on leave.” I appealed to the CTA-appointed attorney, who promised a progress report on what the district is actually “investigating” about me, Grievances, and the possibility of a lawsuit against HUSD for their apparent harassment and defamation.


From Episode 48 on February 24 until March 10’s Episode 49, HUSD reported to me that they have nothing to report after at least 7 weeks of “investigation” (no surprise, as my union-appointed attorney and I are in agreement that the district can, and will, extend their “investigation” until the end of the school year to evade my questions and stop my reports to HHS staff). My attorney made a new and unique claim to district “legitimate” ordering authority on March 9 that Title 8 of the California Code of Regulations section 3205(c)(9)(E) allows employer discretion for “greater protections” and therefore allows an employer to create “health” “orders” outside any guidelines. I retorted in detail such a new “answer” after 18 months of asking HUSD + all 14 of the most authoritative CA government agencies is, on its face, bullshit after-the-fact desperation, and requested answers to pointed questions. On March 3, HEA’s President agreed to take my Grievances “out of abeyance” and join my request that the Superintendent and HR Assistant Superintendent answer all my questions! I accepted, and followed-up on March 10 to check status of this intriguing promise.


On March 25, 2022 I had a Zoom call with HUSD’s Superintendent, HR Assistant Superintendent, our teachers’ union President, and our local CTA representative to address 5 employee Grievances HUSD had ignored, then claimed are “in abeyance” after they forced me on paid administrative leave to “investigate” how and why I asked questions. The superintendent claimed all district “health” “orders” are lawful because they grant “broader rights,” and that is the answer to all my questions. He refused to answer my follow-up “How is forcing me on unpaid leave for declining experimental medical products a ‘broader right’ to my Title 21 right to freely decline experimental medical products” because he claimed that is a question for the employee complaint process. The superintendent did promise to answer all questions through that process. After I read the procedures for complaints, my response back to the district is they’ve already violated that process with their choice to ignore my multiple requests for answers because they are required by law to meet with me to address my concerns. I again offered HUSD the opportunity to surrender by forcing these questions upon county and/or state rather than answer them, then to withdraw obedience if we receive no answers, or Orwellian doublespeak such as forced unpaid leave is a “broader right” for employees. The district is required to respond in writing as to their positions by Friday April 8, 2022, which includes another Grievance that I’m required by contract to not discuss until decided. I followed-up again to include another Assistant Superintendent managing the complaint process to request that the district acknowledge they’ve violated my rights, then meet with me to finally answer all my questions regarding “health” “orders” in apparent violations of multiple and superior laws.


On April 1, HUSD’s HR Assistant Superintendent sent me an email claiming to answer a question I verbally asked at our March 25th Zoom meeting, then claimed, “The District feels it has reasonably and sufficiently responded to this request for information.  Please consider this the final response to this matter.” As you’ve predicted, this public school district allegedly committed to uphold the highest academic professional standards:

  • Invented a straw-man question I didn’t ask.
  • Ignored my submitted written questions, some going back to September, 2020 with repeated requests for answers ~20+ times.
  • “Answered” their own lie-created straw-man question, claimed they responded to my question, and asked me to shut-up: “The District feels it has reasonably and sufficiently responded to this request for information.  Please consider this the final response to this matter.”

After my response to this lying Assistant Superintendent, I asked our teachers’ union president and CTA representative, “I'm curious: is HUSD usually this evil, unprofessional to repeatedly IGNORE written questions they are legally obligated to answer honestly, and soul-suckingly addicted to lying, OR is this unusual behavior for them?”


HUSD reneged on their timeline to respond to my four Grievances (I dropped one Grievance that HUSD began performing by reporting they had no updates to report upon), and responded late on April 18. By contract, I cannot report on those Grievances’ statuses until they are decided (amended on June 14, 2022 with HUSD’s decision to reject them all). I can report that the district claims my Complaints (distinct from Grievances) have all already been addressed because the Superintendent has repeatedly dictated to employees, students, and community that we must follow orders from the state. I used the superintendent’s reply to request the Assistant Superintendent managing due process of complaints, and the Complaint Manager, to join me in my questions receiving ethical answers beyond “just follow orders.” I sent these two further communication reminding that two students have been lied to since January 10 to receive an explanation with documentation how unvaxxed students could be segregated to “separate but equal” isolated “education” without evidence of their exposure to Covid through a “close contact” (within 6 feet for 15 minutes of a “positive” “test”).


Two days later, on Friday April 22, the superintendent emailed me to claim he is “the district.” This appears as an attempt to stop the Assistant Superintendent over Complaints and the Complaint Manager from exercising our mutual Oath to support and defend limited government under Constitutional laws by comparing his non-answers to my actual questions (Update 1) for any violations of Complaint due process and laws. I responded that he speaks for his office only, and that the purpose of our Oath is for anyone and all of us to review “orders” for obvious violations of law. 


On April 25, I explicitly claimed whistleblower status to the Assistant Superintendent over Complaints and the Complaint Manager, and bcc’d the 11 parents and staff who had previously contacted me expressing support (Update 1, with one parent replying that she, too, had her Complaint ignored).  I followed with two more emails and three phone messages that these two minions all refused response, despite these follow-up emails quoting Board policy requiring HUSD to educate students and staff on health policies (not obfuscate and lie to students/staff by refusing to answer direct questions), and that HUSD continues to refuse to provide the information they received from the state for medical and religious exemptions to experimental medical products. On April 29 (Update 2), I emailed HUSD Board members with final legal notice that their employee superintendent and managed administrators refuse to honor due process of Complaints, and are covering-up apparent illegal “health” “orders.” At this point I no longer mask their identities, as they should be fully accountable to the public after 20 months of documented lies. I consider this an excellent essay to explain and document the core of HUSD’s two-part Orwellian “argument” to employees, students, and community: “Just follow orders,” and consequences for disobedience are “broader rights” granted by the district to those receiving the consequences. 


On May 5, 2022 my teachers’ union Board responded they are unlikely to support my Grievances to arbitration. I sent them the summary of indefensible district lies, crimes, and cover-ups, with questions of justice the union must accept (or be exposed as evil collaborators injecting children with poisonous “experiments”). We’ll meet via Zoom on May 17th. Our contract states that I’m to keep “all proceeding private,” but because I’m a whistleblower pointing out OBVIOUS crimes of proven deadly consequences who has been denied due process from the other parties in the contract, I must go to the public for any hope of justice. I assert legality from honoring the mutual Oath among HUSD, HEA, and me to support and defend limited government under our CA and US Constitutions. The USA and California are defined by our Constitutions, so without those limits coming first and foremost, our Oath has no meaning. Therefore, any conflict between our CBA and Oath must place our Constitutions superior to any CBA provision that would subvert them. Because I’ve abundantly demonstrated the prima facie-illegality of “health” “orders,” I am empowered by our Oath to take all reasonable actions to require official written explanations how such prima facie-illegal “health” “orders” are within the limits of law.


On May 22, I had yet to receive a decision from our teachers’ union Board, so I sent another email for clarifying choice that they must either stand for truth against OBVIOUS CTA and district lies, or bond with liars committing prima facie Crimes Against Humanity targeting children.


On May 26, HEA’s President emailed me to decline arbitration for all Grievances. This local teachers’ union, in communication with the state teachers’ union (CTA) therefore: 

  • Condone proven INVENTED “health” “orders” from districts that cannot be challenged, 
  • Allow school districts to ignore OBVIOUS questions from teachers, families, and students,
  • Support district proven lies to “order” student and teacher segregation (if unvaxxed) despite inventing the “orders” to do so,
  • Support school districts to refuse providing anyone with information about medical and religious exemptions to forced medical experiments on staff and children.

On June 14, 2022 I filed for retirement with request of settlement from HUSD for $500,000 as compensation for ending my career early, and for an openly hostile and harassing work environment. The email I sent to HUSD is an excellent summary of the two full school years of challenging my public school district’s prima facie-illegal “health” “orders” as an award-winning, and now retired, teacher.


On June 15, one of our involved HUSD parents “replied to all” with my April “Final legal notice” email to HUSD leadership to show everyone my 36-minute interview with The Healthy American leader, Peggy Hall (below). HR Assistant Superintendent Watts refused to answer my three requests to retrieve my personal belongings in my classroom after 38 years’ teaching, and after I reported this to our teachers’ union President and HHS Principal Seymour, she dictated “permission” for me to return to campus for one 99 degree late morning and afternoon (the hottest day in Hayward for the last two years). 


After a month of reflection, my observations:

  • HUSD, CA, and CTA “leaders” are script-readers following orders of a covert power source because their scripts are aligned, all refuse to answer the most BASIC and REQUIRED questions, obfuscate in tragic-comedy, and engage in Orwellian lies when they “answer” instead of evade questions (my conclusions about this “covert power structure”).
  • My teacher colleagues lack the intellectual integrity and/or moral courage to stand for BASIC and REQUIRED facts when they are:
    • “Ordered” to accept most of our students’ families are “non-essential” workers. 
    • “Required” to be shot with unlimited “medical experiments” or be segregated off campus despite their Title 21 freedom to freely decline.
    • “Mandated” to wear masks indoors and outdoors (masks = another “medical experiment” with zero “official” data for outdoor use).
    • Dictated to embrace school segregation for unvaxxed students and staff (despite zero “official” authority or “orders” to do so).
  • My teacher colleagues’ “taking a knee” to “Covid” “orders” is continued demonstration of their inability to respond to:
  • Government (so-called “public”) schools are necessary public propaganda for ongoing US rogue state empire. I wrote a 2016 12-part article series titled US Public Education: Bullshit to train stupefied work animals to explain, document, and prove this extraordinary factual assertion (and here, here). 
  • ~98% of the general population are defeated by “official” propaganda, so my teacher colleague responses are typical.
  • Because our “leaders” are propagandists pushing for dictatorial control, and professional educators are incapable of resistance, humanity needs “friends in high places” for an option beyond work animals for psychopaths. My 9-part article series on American Revolution 2.0 at the end of this current events report is my overview that we have such assistance if we work to earn it.

36-minute interview with The Healthy American, Peggy Hall:




**

Update 1:


I email my broadest reach to document that district policy to “order” outdoors masks exists nowhere in CDPH and CDC “health” “guidance” and ask district leadership to confirm. After the last similar documentation for no authority to segregate students and district refusal to respond, I ask where else is HUSD dictating non-existent “orders,” and “Is this fraud?”: My planned Jan. 20 meeting with students and community members was cancelled by the principal. In an all-teacher email now blocked from my access since placed on paid administrative leave on Jan. 25 to “investigate” my questions from “allegations of professional misconduct” rather than answer them, the principal declared the meeting as “unauthorized,” and to withdraw permission for students to attend. One parent had called the school to check she had permission to attend, was told of course she could meet with a teacher during our prep/conference period, but was then told she couldn’t when the principal discovered the meeting was with me :) The parent and I met outside the school gates with a healthy and unvaxxed Varsity Soccer team member who was “health” “ordered” out of the next 3 games for being “in the same indoor space” with a reported “positive” “case.” He had tears brimming when he told us he was forbidden to practice or play.


**


HUSD documented authority also doesn’t exist to “require” masks outdoors. Where else is HUSD dictating non-existent “orders”? Is this fraud?


Herman, Carl

Mon, Jan 17, 12:05 PM


to (Superintendent, 2 Assistant Superintendents, Health Director, HUSD Board, teachers’ union President + VP + Board, interested school teachers + students + staff)


HUSD documented authority also doesn’t exist to “require” masks outdoors. Where else is HUSD dictating non-existent “orders”? Is this fraud?


“There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments. There is also no question that many rights originally founded in fraud become—by lapse of time, by the difficulty of proving the fraud, and by the protection which the law throws around rights once established by formal judicial proceedings in tribunals established by law, according to the methods of the law—no longer open to inquiry in the usual and ordinary methods.”  ~ US Supreme Court, 98 U.S. 61, 25 L.Ed. 93, UNITED STATES v. THROCKMORTON (upheld since 1878)

**


“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government. …Students will examine both the constitutional basis for and current examples of the fact that members of the government are themselves subject to the law… Students learn that democracies depend on an actively engaged citizenry—individuals who fully participate in the responsibilities of citizenship (such as voting, serving in the military, or regular public service)— for their long-term survival. … Students may also define and identify illegitimate power and explore how dictators have gained and held onto office. The fundamental components that typically distinguish democracies from dictatorships include control of the media, lack of political and personal freedoms, corruption of public officials, lack of governmental transparency, and the lack of citizens’ access to changing the government. Case studies should be included in this unit in order to consider the economic, social, and political conditions that often give rise to tyranny. Does such a government rest on the consent of the governed? Do citizens have rights that the state must respect; if so, what are they? What is the role of civil dissent, and when is it necessary?”  ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (pages 434, 435, 437, 451, with bold added)


*****************


Dear: Principal Seymour, Superintendent Wayne, Assistant Superintendent Watts, Assistant Superintendent Davies, Health Director Sweet, HUSD Board of Education Members, HEA President Faraj and VP Walsh, HEA Board Members, and HHS colleagues:


HUSD Leadership: Please confirm: 

  • Everyone outdoors on HUSD properties are free to remove face coverings/masks.
  • HUSD documented information that face coverings are “required” “at all times” at school is false.
  • Immediately and publicly make corrections to all false HUSD “health” “orders.” 
  • Report where else HUSD is dictating contrived and non-existent “health” “orders,” or any other policies outside of legal limits.

All: See for yourselves that HUSD “requirements” seem false: Reconnect with HUSD: 2021-22 School Year District Safety Plan:


“Students in levels PreK-12 are required to wear face coverings at all times, while at school, unless exempted under California Department of Public Health (CDPH) guidelines.” (pg. 5)


“All staff, regardless of vaccination status, must wear face coverings at all times in PreK-12 settings.”  (pg. 6)


The most authoritative governing document, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.


California Department of Public Health (CDPH) Face Coverings Q&A:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

Will unvaccinated children and youth be required or recommended to wear a mask during recess outdoors if they cannot maintain physical distancing?

In general, unvaccinated children and youth do not need to wear a mask outdoors, even if they cannot maintain physical distancing. 

**


HUSD has REFUSED to document authority in three previous areas of “health” “orders”: 

  • HUSD refuses to document authority to QU-segregate healthy unvaxxed students to “separate but equal” isolation, despite my 56 days of requesting (documented in Update 3).
  • HUSD refuses to explain or document their claim of HUSD power to destroy Title 21 federal rights that are US supreme law under Article 6 of the US Constitution, except for prima facie-illegally claiming that the destruction of protected choices gives us “broader rights of choice.” HUSD has refused to explain this Orwellian claim for 36 days (documented in Update 2).
  • HUSD refuses to provide documentation they received to administer medical and religious exemptions for Emergency Use Authorized medical products (EUAs), actively preventing employees to make informed choices (98 days refusing to respond, documented in Update 2). 

Therefore: 

  • I will exercise our mutual Oath administered by HUSD as a requirement for employment, uphold CDPH Guidance for optional outdoor masks, and uphold Title 21 rights for free and fair choice of EUAs, exactly as HUSD requires from all employees. HUSD has ignored all of my requests to discuss our Oath (~20 times and counting), administration expectations to honor our Oath, and how to report apparent violations.
  • I will assist all employees to honor our HUSD-administered Oath, and assist all students and community members to uphold applicable laws (especially superior Title 21 federal rights).

HUSD will refuse my invitation emailed on Friday Jan. 14 to address interested HHS students and employees on Thursday Jan. 20 at 11:30 at HHS in my classroom (M-17) during my 5th Period prep (if more students and employees request to attend or show up than M-17 can safely hold, we can move the meeting to the cafeteria). This will confirm complete HUSD refusal to respond to not only me, but to our students and other interested employees. Prove me wrong to address our questions, HUSD.


After our Thursday Jan. 20 5th Period meeting, with or without HUSD present, those interested will march to the Administration Building, and file district complaints with Principal Seymour for HUSD to uphold COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year and Title 21 rights, and provide the following remedies:

  • If HUSD cannot immediately provide documented proof to QU-segregate students, HUSD must immediately remove the policy. 
  • If the documentation authorizing QU-segregation exists, HUSD already is familiar with it because they designed QU-segregation policy from valid written authorization. If the documentation doesn’t exist, then HUSD must tell all of us why they invented an illegal policy, and apologize for taking away students’ rights for an equal education. Equal rights is not “separate but equal” school segregation. We all celebrate a federal holiday for Dr. King opposing school segregation, for God’s sake.
  • HUSD must explain how their “health orders” to students can violate Title 21 protected rights to freely accept or decline EUAs. If HUSD refuses to explain, then HUSD must uphold Title 21 rights for everyone’s choice about experimental medical products on or in one’s body. If HUSD repeats their answer to Mr. Herman that forcing EUA use is a “broader Title 21 right,” they’ll have to explain how forced QU-segregation for “separate but equal” public education is a “broader right” to free choice without force. HUSD will also have to explain how forced student removal from school upon declining experimental masks for 7+ hours a day, or refusing experimental tests penetrating students’ nostrils are “broader rights” to make free medical choices.
  • Are other Alameda County school districts also QU-segregating students? If HUSD has no documentation of QU-authority, then HUSD must not only remove the policy here, but take reasonable actions that all other Alameda County School Districts stop QU-segregation. If it’s wrong for HUSD students, then it’s wrong for everyone. 
  • HUSD must also take reasonable actions that all Alameda County school districts uphold Title 21 rights. We are Hayward leaders, and we speak up!


Exercising our mutual Oath to consider fraud:


As an AP US Government teacher with National Board Certification for 10 years, and exercising our mutual Oath with honor, I must point to the evidence for HUSD fraud. Fraud is a serious accusation, and the most accurate I have as a professional scholar because HUSD refuses to provide any documentation to support “health” “orders” outside applicable laws cited here. In addition, this behavior is consistent since I began asking questions about “health” “orders” 16 months ago beginning in September, 2020. As always, and perhaps cumulatively for literally ~100 times, if HUSD would like to correct my good-faith representation of the facts, let’s talk  :)


Let’s consider what I have to work on, given HUSD’s refusal to document or explain how their “health” “orders” are within the law, and given the documentation I’ve found and cited seem to show HUSD’s policies are outside the law:


“Fraud: A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.


Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.”

Matching HUSD’s actions onto the five elements of fraud:

1. False statement of material fact:

  • HUSD made and makes false statements of QU-segregation ordering authority. If nobody can document the authority, it does not exist.
  • HUSD made and makes false statements that “broader Title 21 rights” are honored by “separate but equal” school segregation, and forced use of EUAs to attend school, and for employees to be paid. These are false on their face.

2. Knowledge the statement is untrue:

  • HUSD should have the documentation authorizing QU-segregation because they referenced valid written authorization to create the policy. Because HUSD cannot produce the documentation under all reasonable and repeated requests, then we must conclude the documentation doesn’t exist. If the documentation doesn’t exist, then HUSD invented the policy from some undisclosed political agenda to manipulate the public. Therefore, HUSD knew they were issuing a false policy outside their authorization because they invented it in either isolated or coordinated political planning.
  • HUSD’s statement that forced “separate but equal” school segregation, and forced use of EUAs to attend school (and for employees to be paid) are our “broader Title 21 rights to freely choose” is untrue on its face. No reasonable person can argue it is true that segregation because of a protected Title 21 choice (declining experimental injections) are “broader rights” to the segregated. None but psychopaths argue that permanent segregation of students from campus who exercise a Title 21 option to decline experimental medical products is any student’s “broader right.” It is untrue that HUSD employees would agree we have “broader rights” if HUSD declared that contractual and lawful rights can be destroyed by HUSD dictatorial order, with forced unpaid leave if we stand for our previous lawful rights.

3. Intent to deceive

  • HUSD could only invent QU-segregation policy (with “separate but equal” “justification”) with intent because they intentionally invented a policy outside the guidance they received.
  • Because nobody can believe HUSD’s anonymous attorney’s two paragraph tragic-comic “explanation” how federally protected rights are DESTROYED by Orwellian “broader rights,” this means the statement is intentional, not accidental. Because HUSD has continued to deceive after my questionings months ago, HUSD is acting with intent to ongoingly deceive.

4. Justifiable reliance by Hayward community and employees on HUSD official statements

HUSD has a legal duty of care to our students, families, and employees to only and always respect legal limits of their governing authority, and are Oath-bound to do so.

5. Resultant injuries

  • QU-segregated students received injuries, and are receiving injuries (including fear of future “segregation orders”) from forced school segregation by HUSD’s choice to illegally remove unvaxxed students from in-person instruction. I’ve had ~500 total student class days lost to QU-segregation among my HHS students this year, and estimate ~6,000 total student days at HHS. HUSD also lies that students receive an “equal education” based upon last year’s data of a doubled student failure rate throughout the district (I’m sure the worst decline in HUSD history). HUSD would be more accurate to warn the segregated students they begin the “most unequal education” known in HUSD history.
  • Removing rights is an injury on its face. In addition, forcing medical experiments on people is most closely associated in history with Crimes Against Humanity. Again: “Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject's decision.”  ~ California Health and Safety Code § 24171 to § 24176, the principle of informed consent universally used for any medical experiment, and the purpose of US Code Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) to uphold The Nuremberg Code to end unwanted medical experiments forever (all EUAs are legally defined as “medical experiments”)


In closing, regarding HUSD’s apparently-illegal wording about masks, from Children’s Health Defense:


JANUARY 13, 2022

LAUSD Attempts to Enact Illegal Mask Mandate that Exceeds CDPH Guidelines

On January 3, the Los Angeles Unified School District (LAUSD) imposed an illegal, illogical and counter-productive mask requirement update on its student body, strongly requiring that all masks are, “well-fitting, non-cloth masks of multiple layers of non-woven material with a nose wire,” and that students mask outdoors, except when for when eating and drinking. In issuing this new requirement, LAUSD has not only failed to rely on legal or scientific authority, but is surpassing the requirements of the California Department of Public Health (CDPH), which explicitly states that masks are optional outdoors for all school students.

CDPH states that masking outdoors is optional for ALL school students

This new directive is not only unscientific, but also quite confusing to parents and will further erode public trust in any health authority. Kids have been forced to wear face masks for almost 2 years, even though Occupational Safety and Health Administration (OSHA) and the Food and Drug Administration (FDA) admit that face masks are useless protection against a virus. After two years of leading the public astray, does LAUSD expect parents to react with trust when faced with the sudden directive to double mask and wear a surgical mask and/or an N-95? Trust in yet another directive when public health authorities specifically advise against surgical and N-95 masks for kids because “they do not fit properly and can impede breathing”? Furthermore, masks are Emergency Use Authorized (EUA) products and therefore, can’t be mandated.

Trust in yet another directive when public health authorities have in the past specifically advised against surgical and N-95 masks for kids

We ask, is there an evidence-based solution that allows kids to both breathe for 6-8 hours and “avoid” a virus whose current Omicron variant is so highly contagious (and mild), that it is escaping vaccine and booster immunity and infecting the population at unheard-of levels? According to the latest bevy of expert opinions, including CNBC, The Atlantic, and Fauci, himself, Omicron may actually present the end of this pandemic due to its mild nature. Omicron may finally induce “herd immunity,”something which no Covid-19 vaccine has been able to provide because none of the Covid-19 vaccines prevent infection or transmission.

In response, attorneys for Children’s Health Defense – California (CHD-CA) and Protection of the Educational Rights of Kids (PERK) issued a cease and desist through the Facts Law Truth Justice (FLTJ) Law Firm, placing LAUSD on notice of illegally expanding an already-onerous mask mandate.  “There is no legal, scientific, or medical basis for this requirement, which actually conflicts with current medical and scientific findings and guidance,” the letter states, “It is impossible to understand the reason behind LAUSD’s need to ignore data showing the enormous harms masks have on the children in its abusive ‘care’ or its need to go beyond global, national, and local recommendations.”  

With this Cease and Desist letter, our attorneys gave LAUSD an opportunity to rescind their new unlawful masking requirements – or face further legal action.

Currently, our  litigation against LAUSD is specifically about the unlawful school vaccine mandates, but given LAUSD’s continuing abuse of all of our children, CHD-CA is contemplating broadening the scope to include additional claims for LAUSD’s unlawful masking, testing, and other abusive and discriminatory policies that have long ceased to make any scientific sense.

*****************


Definitions + source documents:


HUSD CORE VALUES

  • Collaborative Leadership: We develop leaders at all levels who creatively tackle our challenges and communicate with integrity and transparency.
  • Data-Informed Decisions: We use multiple types of data, including stakeholder voice, to inform decisions and monitor progress.
  • Well-Supported Staff: We enhance the capacity of every employee to promote equity and model service excellence.

**


“Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject's decision.”  

~ California Health and Safety Code § 24171 to § 24176, the principle of informed consent universally used for any medical experiment, and the purpose of US Code Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(III) to uphold The Nuremberg Code to end unwanted medical experiments forever (all EUAs are legally defined as “medical experiments”)


**


Article VI

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

**


STATE OATH OF ALLEGIANCE (our mutual Oath)


  I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.


**


Federal Article 18 Section 242: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW:


TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


**


“Fraud: A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.”


**


"But he hasn’t got anything on," a little child said.

"Did you ever hear such innocent prattle?" said the child’s father. And one person whispered to another what the child had said, "He hasn’t anything on. A child says he hasn’t anything on."

"But he hasn’t got anything on!" the whole town cried out at last.

The Emperor shivered, for he suspected they were right. But he thought, "This procession has got to go on." So he walked more proudly than ever, as his noblemen held high the train that wasn't there at all.

~ The Emperor’s New Clothes, Hans Christian Anderson, 1837 (how people like me avoided censorship 200 years ago: place truth in children’s books)


-- 

Carl Herman

Hayward High School Mathematics Department

National Board Certified Teacher

National Board Certified Teacher Coach


May everything add up for you


Social Justice: save millions of lives, help billions of people, redirect trillions of dollars to help build a future brighter than we can imagine


**


Update 2:


On Wed. Jan. 19, the principal shared monthly Curriculum Council Meeting notes to all HHS staff. Included was: “Share with Departments. Was emailed to all parents and students. Wear masks inside and outside at all times.” I responded to all that requiring masks outdoors is outside CDPH and CDC guidance, so therefore the policy is in apparent error. The principal replied to all with choice to ignore the facts, and defame my response as both unprofessional and unworthy of serious response: “Aren’t you supposed to be teaching right now”? The principal’s defamation opened the door for other staff to join his unprofessionalism. I responded for the next ten hours. The principal never addressed the policy question nor the unprofessional ad hominem he began in a remarkable email chain from professional educators dedicated to factual mastery. I conclude this to be among the most powerful evidence against the district and for asking obviously important questions should I seek justice in a courtroom. This also validates my ongoing observation that ~98% of people cannot rise above “official” propaganda even when facts are clearly and professionally documented. I received my relative “Socrates verdict” :)


The replies were to everyone unless noted as only to me, or to others. I got them all except the last one, which was from a History teacher who instructed everyone how to block emails with the phrase, “our mutual Oath.” That is a poetic ending, don’t you see?




(Principal) (via Google Docs) <drive-shares-dm-noreply@google.com>


Jan 19, 2022, 10:08 AM (5 hours ago)

to (HHS staff)


(Principal)@husd.xxxx shared a document


(Principal)@husd.xxxx has invited you to view the following document:


Site Curriculum Council Agenda 2022.01.18


Open


(Principal)@husd.xxxx has invited you to view the following document:

Site Currculum Council Agenda 2022.01.18



**


Herman, Carl <cherman@husd.k12.ca.us>


11:05 AM (4 hours ago)


(Principal),

HUSD has given you false information about masks that I will now prove. Here's what you sent us:

  • Masks 
    • Share with Departments. Was emailed to all parents and students. Wear masks inside and outside at all times.

Click on the link with "Masks" to see the "Related Materials" section at the top. Click on "Face Coverings Q&A" to see:


Are children required to wear masks indoors in K-12 schools and childcare settings?

Refer to the CDPH K-12 Guidance for indoor masking requirements in school-based settings

Now click on CDPH K-12 Guidance for  the most authoritative governing document, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health to see with your own eyes:


Safety Measures for K-12 Schools

1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.

Therefore, please correct this error so HUSD is not concocting health advice with zero authority to enforce.


Principal (omitted): please confirm your agreement to these facts.


All: Please read and consider our mutual Oath to support and defend limited government under our Constitutions,

Carl


**


(Principal)

11:07 AM (4 hours ago)


Aren't you supposed to be teaching right now?


Please stay safe and well,


(omitted)

Principal


**


Herman, Carl <>


11:19 AM (4 hours ago)


Principal (omitted): please confirm your agreement to these facts.


All: Please read and consider our mutual Oath to support and defend limited government under our Constitutions,

Carl


**


(Math teacher 1)


11:27 AM (4 hours ago)


Carl,

I have asked you before to take me off of your email lists. I do not want to receive any more of your messages. Please do not send them to me.

Sincerely,



**


(Math teacher 2)


11:34 AM (4 hours ago)


Carl,

Please stop sending me these emails.  

Sincerely,


**


(Social Science teacher 1)


11:38 AM (4 hours ago)


to me


Can you please stop mass emailing to the staff about these issues. I really find your methodology to be really inappropriate as we are all educated professionals and can make up our own minds about issues without you trying to badger us with your opinion/"data" on them. 


Thanks,



**


(Counselor 1)


11:41 AM (4 hours ago)


Herman, 

Please take me off your email list. 


**


(Technology teacher 1)


12:20 PM (3 hours ago)



to me, (Principal, teachers’ union VP)


Mr Herman,

This is the second time I have asked you to refrain from communicating your legal and professional opinions to me, the first being privately via email on January 12th. I am not interested in what you have to say on the matter, please do not include me in further extra-curricular correspondence.


I did not CC everyone because I do not feel it appropriate, however (union VP) and (principal) are included. I do not wish to take this issue further.


**



Herman, Carl <>


12:21 PM (3 hours ago)


(Math teacher 1) and dear colleagues: 

(Principal) and HUSD claim ordering authority on masks that I've explained, documented, and proved are in error.


Unless anyone can demonstrate otherwise, then (Principal) and HUSD must correct the error, right?


Can anyone find any errors, or is my explanation and documentation correct?


Btw: the UK rescinded all "health" "orders" today. PM Johnson in two minutes to Parliament.

Carl


**


(Science teacher 1)


12:24 PM (3 hours ago)


Hello,

I have requested not to receive further emails. Please respect my request and delete my name from future correspondence. 

Respectfully,



**


(Psychologist 1) <>


12:25 PM (3 hours ago)


Mr. Herman-

REMOVE me from these emails IMMEDIATELY!


**


(Counselor 2)


12:27 PM (3 hours ago)


Mr. Herman,

Respectfully remove me from your email list.  


**


(Counselor 3)


12:29 PM (3 hours ago)


Mr. Herman,

Please remove me from your email list.


**


(Math teacher 3)


12:35 PM (3 hours ago)


Mr. Herman,


Please take me off of these lists.


Sincerely,




**


(Fine and Performing Arts [VAPA] teacher 1)


12:37 PM (3 hours ago)


Carl,


You can keep me on the list.

But come on, masks aren't an issue.  Not really.  

These are unprecedented times and governments don't know what to do.  If we have to wear masks.  Then do it.  Who cares.  Stop making this into some sort of crazy lawsuit.



**


(PE teacher 1)


12:38 PM (3 hours ago)


Mr. Herman,

As previously requested please refrain from including my on any of these emails.  


**


(Psychologist 2)


12:39 PM (3 hours ago)


Hello,


It is really a shame when adults spout out to students their beliefs that are not grounded in any reality but their own!!!  What I know is that people I know and love have DIED from COVID, MY DAUGHTERS just had this CRAP and you are spouting out your BULL CRAP to students that makes no sense.  IF YOU DO NOT WANT TO WEAR A MASK DO NOT!  BUT STOP TRYING TO HAVE YOUNG CHILDREN STAND BY YOUR NONSENSE, THIS SHOULD COME FROM THEIR PARENTS NOT FROM YOU!  Please take me off of your list.  ASAP!!


**


(Math teacher 4)


12:52 PM (3 hours ago)


Please remove me from your mailing list.


**


Herman, Carl <>


1:03 PM (2 hours ago)


(Principal): Please confirm the facts I sent.


Upset colleagues: If (Principal) and/or HUSD can demonstrate authority to invent a masking policy, I'll apologize. Please note that nobody has addressed the facts I documented from the most authoritative source in CA. I will remove all who requested from PLC reports, but for school-wide and/or district-wide policy, I will speak if I find any obvious errors. Have you looked with your own eyes to confirm?


All of us are required by our mutual Oath to do exactly what I'm doing, and I will continue until (Principal)/HUSD responds with a reasonable answer to what I've professionally documented as an apparent illegal policy.

Carl


**


(Social Science teacher 2)


2:21 PM (1 hour ago)


I asked to be removed from these emails...and yet I've received several from you today.


It sounds like from the last email that you are removing people from your PLC reports but not the other emails.  I can remind you of your own words from Jan 12 :  "You already know that I remove people from my emails at their request."  You need to remove anyone who asked from ALL these emails.  These constant and lengthy emails are a distraction that I usually just delete but I am tired of it. 



**



Herman, Carl <>


3:27 PM (29 minutes ago)


(Social Science teacher 2): no. If I find a policy outside of legal limits, I will speak up, just as HUSD requires from our mutual Oath. 


If anyone wants a faster resolution, ask (Principal) to confirm the facts, and LOOK at the documentation yourself: COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.


California Department of Public Health (CDPH) Face Coverings Q&A:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

Will unvaccinated children and youth be required or recommended to wear a mask during recess outdoors if they cannot maintain physical distancing?

In general, unvaccinated children and youth do not need to wear a mask outdoors, even if they cannot maintain physical distancing. 


Carl


**


(World Languages teacher 1)


3:36 PM (23 minutes ago)


I am also fed up with emails from Carl and don't understand why my contact was added back to this list. This feels like harassment as I am reading multiple replies asking again to be left out of these communications yet we are still receiving them. 


I have read the attached links and do not agree that there is an error with HUSD's protocols for wearing a mask (screenshot below). I understand that until everyone is fully vaccinated in HUSD and the transmission rate is not high, the "optional" wearing of masks outside is warranted. And, for an indoor classroom teacher, this is not what our efforts are focusing on right now.  I applaud the leadership in HUSD, especially our superintendent, his staff, the board of directors, and (of course!) our very own HHS administrators. Their efforts are helping provide a safe and equitable learning environment for all,indoors and outdoors. This rollercoaster-ride we seem to be on is not particular to our schools, city, or even state. Being that this is a world-wide issue, let's refrain from calling out our own community where we all work (and some of us live). These conversations can take place in personal settings and out of our professional ones.  



I am uncomfortable receiving this "oath" from an unfamiliar and, frankly speaking, an unprofessional website. "...baby." Really?

http://www.mattababy.org/~belmonte/Home/Politics/Oath/oath.txt


I will be inclined to "block" future emails if I receive them again and consider it an aggressive act of harassment. 


**


Herman, Carl <>


3:45 PM (15 minutes ago)


(World Languages teacher 1): try again with your image; it is blank.


I am pointing to a policy in error, and with the most authoritative documentation as proof. Do whatever you need to do about that :)


You don't remember your Oath that I honor in good-faith professionalism? I do: try this version from ca.gov. 

Carl


**


(Social Science teacher 2)


4:45 PM (30 minutes ago)


to me


Well, Mr. Herman, that’s really disappointing that you are going to hold all of us hostage to your group emails about your anti-mask/vaccine views -even those of us who are asked to not receive them. 


Again, I am asking to be taken off all your emails. 


** 


Herman, Carl


5:15 PM (0 minutes ago)


to (Social Science teacher 2)


Read the documentation about masks, or you literally don't know what you're talking about.


And yes, all are hostage/bound to our our mutual Oath for policies within the law, right?


Right now you can't tell the difference between a "view" and "documented fact," colleague.


I stand by my previous answer to you: if (Principal) sends info to all staff, and I find an error, I will inform everyone. And (Social Science teacher 2), after I provided my documentation from CDPH's most authoritative source, (Principal) "led by example" to avoid addressing the overwhelming evidence I cited that HUSD mask policy is outside the limits of the health guidance. If HUSD invented a policy OUTSIDE the limits, that's a big deal: HUSD is choosing to manipulate the (HUSD) community for some political (policy) agenda. 


If you want a conversation to help discover the facts you've so far avoided, ask me civilly.


**


(Long-term substitute teacher 1)


5:27 PM (26 minutes ago)


I don't know if anyone else is counting, but I have actually received more emails this week from Mr. Herman than I have received robo-calls regarding extending my car warranty, and the car warranty offers have been far more varied in content than these emails have been, and much more concise, as well. 


With a Hearty Handshake in Thought,



**


Herman, Carl <>


5:53 PM (0 minutes ago)


Hey, (Principal): better confirm those facts unless this direction is where you want to go :)


Seriously, colleagues: you're professional educators. This is how it goes:

  • (Principal) stated a policy of Wear masks inside and outside at all times.
  • I documented CDPH Guidance that masks outdoors are optional.
  • I stated HUSD policy is in error because outdoor masking is outside the Guidelines.
  • Your move to address the above using your tools as professional educators, not ad hominem attacks comparing the colleague documenting authoritative evidence as a "car warranty scammer" with factual content both less valid and less varied than the scammer. 

(Long-term substitute teacher 1) is right about a lot of emails. If you think it's a pain to read, try writing them. 


Look, I want to shut-up, too. So help me by looking at the actual documents with your own two eyes. You can do it. 


Anybody who has looked care to say what they see? 


I can't justify HUSD requiring masks outside, given COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.


California Department of Public Health (CDPH) Face Coverings Q&A:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

Will unvaccinated children and youth be required or recommended to wear a mask during recess outdoors if they cannot maintain physical distancing?

In general, unvaccinated children and youth do not need to wear a mask outdoors, even if they cannot maintain physical distancing. 


Seriously: help me out. How is this documentation not clear?

Shining light,

Carl


**


(Health teacher 1)


5:54 PM (2 minutes ago)


Kindly remove me as well, Mr. Herman.  

I also blocked but somehow some still come through.

With advanced gratitude for your understanding for the desire for an as peaceful and uncluttered of an inbox as possible,

(teacher)


Oh, also, Mr. Herman, is this you in National Board Directory of certified teachers?  It is the only Carl Herman I could find.  If it is you, it indicates your certification in Social Studies in Arizona expired in 2014.  You might want to look into renewing it and/or making sure information is updated since you state you are a National Board Certified Teacher in your email signature.



**


Herman, Carl


6:18 PM (0 minutes ago)


(Health teacher 1) and colleagues: the documentation I provide from CDPH proves HUSD policy to require masks outside is NOT HEALTH GUIDANCE from CDPH, right?


Right?


“[CA public school students] will learn that all citizens deserve equal treatment under the law, safeguarded from arbitrary or discriminatory treatment by the government. …Students will examine both the constitutional basis for and current examples of the fact that members of the government are themselves subject to the law… Students learn that democracies depend on an actively engaged citizenry—individuals who fully participate in the responsibilities of citizenship (such as voting, serving in the military, or regular public service)— for their long-term survival. … Students may also define and identify illegitimate power and explore how dictators have gained and held onto office. The fundamental components that typically distinguish democracies from dictatorships include control of the media, lack of political and personal freedoms, corruption of public officials, lack of governmental transparency, and the lack of citizens’ access to changing the government. Case studies should be included in this unit in order to consider the economic, social, and political conditions that often give rise to tyranny. Does such a government rest on the consent of the governed? Do citizens have rights that the state must respect; if so, what are they? What is the role of civil dissent, and when is it necessary?”  ~ California History-Social Science Framework, Chapter 17: Principles of American Democracy (pages 434, 435, 437, 451, with bold added)


**


(Social Science teacher 2)


6:21 PM (7 minutes ago)


to me


This is my last email to you. 


It states clearly in the links you sent that local public health agencies and other authorities can create stricter guidance. As in…masking outside. 



Again, please take me off your email list. 




**



Herman, Carl <>


6:28 PM (0 minutes ago)


to (Social Science teacher 2)


Ok, it "may be issued." Please cite the existence of a "stricter guidance," otherwise the only evidence I see on the table is CDPH documentation. Hypothetical documents don't count.


You're not on any list of mine, (Social Science teacher 2). I'm responding to (Principal’s) list. 


**


(VAPA teacher 1)

6:43 PM (24 minutes ago)


Okay, I guess I'll play.



Anybody who has looked care to say what they see?


(hand raised) I do!


"This guidance is designed to enable all schools to offer and provide full in-person instruction to all students safely, consistent with the current scientific evidence about COVID-19, even if pandemic dynamics shift throughout the school year, affected by vaccination rates and the potential emergence of viral variants." 

"This guidance includes mandatory requirements, in addition to recommendations and resources to inform decision-making. Implementation requires training and support for staff and adequate consideration of student and family needs. Stricter guidance may be issued by local public health officials or other authorities."

So, what I'm reading here, is that the CDPA is offering "guidance" to keep schools open as well as "mandatory requirements".  We know that wearing masks outside is a "guidance" not "mandatory".  Okay.  But this line also reads that "Stricker guidance may be issued by local public health officials or other authorities".  Well, there it is.  It looks like a "Stricker guidance" has been issued by other authorities.  There you go, an answer to your burning question.

Now let's look at this line

"Schools will have a mixed population of both people who are fully vaccinated and people who are not fully vaccinated. . . These variations require K-12 administrators to make decisions about the use of COVID-19 prevention strategies in their schools to protect people who are not fully vaccinated. . . Together with local public health officials, school administrators should consider multiple factors when they make decisions about implementing layered prevention strategies against COVID-19." 

Hmmm.  Interesting, "These variations require K-12 administrators to make decisions about the use of Covid-19 prevention strategies in their school".  It seems to me that the administration has made a decision about Covid strategies in their school.  That strategy is to wear masks outside.  There you go, another answer to that itchy question.  

Let me ask you this.  Why is it a problem to wear a mask outside?

I'll tell you why it might be an issue to not wear a mask outside.  We have over 1600 students roaming around in close contact with each other.  Covid-19 is real.  Mutations are becoming more contagious.  We don't want to kill grammy,  Or immunocompromised (VAPA teacher 1) .   Covid-19 is real.  Outdoor concerts, fairs and other outside gatherings also, frequently, require masks to be worn.  Covid-19 is real.  Mask wearing is cool.  

Thank you for the fun time, please put your mask over your nose,

**


(my reply to all, as I began documenting the entire email thread)


Strong play, (VAPA teacher 1)! 


To your first point, for “other authorities” to include HUSD to issue their own "health orders,” then that would mean that CDPH has somehow granted legal authority to school districts, as well as county Public Health Departments, to independently determine what is and isn’t “stricter” outside of the Guidance. That isn’t the message I’ve received for over a year from HUSD, who say that their policies cooperate with public health guidance. From Assistant Superintendent (omitted), and consistent as I’ve asked:


At this time, the District is following governing protocols as referenced in our Board Policy 5141.22 and Education Code 32282 and 49403, which direct the District to cooperate with local health officer measures necessary for the prevention and control of communicable diseases in school age children specific to influenza pandemic episodes.


From Ed Code 49403:


(a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. 

So that would mean to cooperate with the mask policy of optional outdoor wear, right? I’ve never encountered anyone making the claim of legal authority that you’re making, and only received the above argument from HUSD. 


Your second point quotes the CDC document, Guidance for COVID-19 Prevention in K-12 Schools, which states: 


Outdoors: In general, people do not need to wear masks when outdoors.


This CDC recommendation is quoted in California Department of Public Health (CDPH) Face Coverings Q&A that I quoted above:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

So I appreciate you, (VAPA teacher 1), for paying close attention to the script! That said, it is HUSD’s burden of proof to address how they have authority to invent policy outside the guidelines the Ed Code states HUSD “shall cooperate” with. 


Carl


**


(VAPA teacher 2)


7:03 PM (4 minutes ago)


It takes a lot of nerve, and is truly ironic, to say in response to (Long-term substitute teacher 1), "If you think it's a pain to read, try writing them," when you are in fact writing something no one asked to receive, let alone read.  So just save yourself the pain. Your unwillingness to discontinue sending messages to people who have explicitly asked you to stop in the name of upholding your professional duty is pure hubris.  And that's not an ad hominem attack, there is plenty of evidence.  I am aware of your stance, stop sending me this stuff.


**

(my reply to all)


I don’t think I’m above or below the note of the law, (VAPA teacher 2). 


To repeat:


Seriously, colleagues: you're professional educators. This is how it goes:

  • (Principal) stated a policy of Wear masks inside and outside at all times.
  • I documented CDPH Guidance that masks outdoors are optional.
  • I stated HUSD policy is in error because outdoor masking is outside the Guidelines.
  • Your move to address the above using your tools as professional educators, not ad hominem attacks to characterize the colleague documenting authoritative evidence as suffering from nervy, painful hubris. 

I can't justify HUSD requiring masks outside, given COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


1. Masks 

a. Masks are optional outdoors for all in K-12 school settings.


California Department of Public Health (CDPH) Face Coverings Q&A:


Does anyone need to continue to wear masks outdoors?

In general, people do not need to wear masks when outdoors. 

Will unvaccinated children and youth be required or recommended to wear a mask during recess outdoors if they cannot maintain physical distancing?

In general, unvaccinated children and youth do not need to wear a mask outdoors, even if they cannot maintain physical distancing. 

It's up to HUSD to explain how requiring masks can exist given the above citations, because don't you question it now, too?


On Oath,

Carl


**


(World Languages teacher 1)


8:44 PM (40 minutes ago)


to (Superintendent, 2 HEA board members, HEA office, Principal) 


Carl,


I've said that I don't want to receive your emails and am considering this harassment. 


I don't feel like I need to ask you again. I feel you are being a bully and am very uncomfortable by the content and tone of your emails. 


To be clear, remove my email from your communications. I will file a grievance and seek legal advice.


**


Herman, Carl


9:24 PM (0 minutes ago)


to (Superintendent, 2 HEA board members, HEA office, Principal)


(World Languages teacher 1): I am responding to (Principal’s) HHS recipients on public school policy, where I document Guidance from CDPH, CDC, and Alameda County of Public Health. I ask how HUSD policy to require masks outdoors is within that guidance. 


This is not "my emails." 


These are not "my communications," but my appropriate question to (Principal’s) information from Curriculum Council that I found beyond CDPH Guidance. 


You are asking me to take the extra time to accommodate your personal preference to not consider my participation in a professional discussion. I decline your request unless someone can prove my professional requirement to do so. You are already removed from any future PLC report, along with ~20 colleagues :)


If you feel I've been harassing, a bully, and inappropriate with content and tone, I apologize for my relative lack of communication skills for the above stated intent. 


I don't think you can quote anything I wrote in those categories, but will find an abundance of evidence of harassment, bullying, and inappropriate content and tone from my HHS colleagues to me. If you really want to continue this, I welcome independent consideration of who has, and has not been, appropriate for a professional discussion.


Carl


**


(VAPA teacher 2)


Jan 19, 2022, 8:38 PM (8 hours ago)


I don't see anybody attacking you, all I've seen are people who have heard your stance and disagree with you, and have respectfully chosen not to engage in a debate about the matter.  And yet, you can't respect that choice and have to keep beating us over the head with the same information over and over again as if we didn't understand your point the first time.  And what do you gain from all of this, not having to wear a mask in the name of constitutional liberty? Anyway, just stop sending me your redundancy, thanks.


**

(reply to all)

 

Herman, Carl


Jan 20, 2022, 5:08 AM (0 minutes ago)


Then again, (VAPA teacher 2), I ask (Principal) to affirm the facts as our principal, and we'll see where we're at. 


I am responding to (Principal’s) HHS recipients on public school policy, where I document Guidance from CDPH, CDC, and Alameda County of Public Health. I ask how HUSD policy to require masks outdoors is within that guidance. 


I don't think you can quote anything I wrote that is "beating anyone over the head," but will find an abundance of evidence of unprofessional content and tone from my HHS colleagues to me. 


What do I gain? In danger of activating (Social Science teacher 3, who I didn’t get her reply copied, but it instructed how to block emails containing “our mutual Oath”) filter of "our mutual 0ath" to censor upholding our Constitutions, simply a constitutional republic that constrains government "ordering" authority within our constitutions. 


To discover how far we are from holding government within the law, reflect on this discussion thread of what happens when an educator cites the law, cites HUSD policy, and asks to reconcile the apparent facts that HUSD: 

  • Invented an outdoors mask requirement outside CDPH and CDC Guidelines (as I've documented).
  • QU-segregates healthy unvaxxed students to a "separate but equal" isolated education that is also outside CDPH Guidelines, and therefore also an invented policy.
  • There's more, and I'll stop here.


**


Update 3:


On Jan. 18, the district emailed to all staff and community members an “updated” policy to segregate unvaxxed students and staff if they were “in the same indoor space” as somebody “testing” “positive.” My response to district and union leaderships + boards included my promise for student and community complaints if I did not receive reasonable evidence authorizing “in the same indoor space.” HUSD chose silence as their response. By Friday I had 26 of my healthy unvaxxed students “health” “ordered” to isolated segregation from this “same indoor space” invented phrase, but HUSD chose not to enforce this on staff. HUSD “picking and choosing” some arbitrary “health orders” to enforce and not other arbitrary “health orders” proves a hidden political agenda (political=policy=“what is done”) to manipulate our school community, and certainly not a commitment to “health.”


Re: HUSD Staff Update from The Human Resources Department


Herman, Carl

Jan 18, 2022, 6:18 PM


to HUSD, (Superintendent, 2 Assistant Superintendents, Health Director, HUSD Board, teachers’ union President + VP + Board)


Dear HR Colleagues,

Please confirm that on your orange chart (I assume derived from CDPH Jan. 8 document Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public, and please confirm) the term "exposed" is synonymous with "close contact." That same guidance proves "exposed" is the same as "close contact" just after "Table 3":

Exposed persons, whether quarantined or not:

  • Should consider testing as soon as possible to determine infection status and follow all isolation recommendations above if tested positive. Knowing one is infected early during quarantine enables (a) earlier access to treatment options, if indicated (especially for those that may be at risk for severe illness), and (b) notification of exposed persons ("close contacts") who may also benefit by knowing if they are infected.

Therefore, also please confirm that the information you provide on top of the orange chart "Exposed

In the same indoor space with a person who has COVID-19 " is in error because it should quote from the same source you made the chart from. 


Your chart should read something like: 


Exposed persons ("close contacts" within 6 feet for 15 minutes)


Right?


In addition, please confirm the same error on your Jan. 16 chart for unvaxxed students that should also read something like: Exposed persons ("close contacts" within 6 feet for 15 minutes). The CDC states quarantine is only for students within 6 feet for 15 minutes of a positive case, or within 3 feet for 15 minutes if both people were masked (chart version).


HUSD policy to quarantine unvaxxed students on page 5 of HUSD's Jan. 16 chart is beyond what's authorized by what I assume is the most authoritative governing document, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year from the State of California Health Officer & Director, the Chief Executive of The California Department of Public Health:


8. Quarantine recommendations for student close contacts who have NOT completed the primary series of COVID-19 vaccines NOR were previously infected with (laboratory confirmed) SARS-CoV-2 within the last 90 days for exposures when both parties were wearing a mask, as required in K-12 indoor settings. These are adapted from the CDC K-12 guidance and CDC definition of a close contact.  See the K-12 Schools Guidance 2021-2022 Questions & Answers  for additional recommendations to focus on high-value contact tracing to protect students and staff. 

a. When both parties were wearing a mask in any school setting in which students are supervised by school staff (including indoor or outdoor school settings and school buses, including on buses operated by public and private school systems), students close contacts (more than 15 minutes over a 24-hour period within 0-6 feet) may undergo a modified quarantine as follows. They may continue to attend school for in-person instruction if they:

i. Are asymptomatic; 

ii. Continue to appropriately mask, as required;

iii. Undergo at least twice weekly testing during quarantine; and

iv. Continue to quarantine for all extracurricular activities at school, including sports, and activities within the community setting; OR

b. Schools may follow the recommendations provided in the Group-Tracing Approach to Students Exposed to COVID-19 in a K-12 setting


If you conclude the information you provide is within documented authority, then I require you to produce the documentation. Here's what you wrote today:


Updated state/county guidance was released on January 13, 2022.  Per this new guidance, the following is an update for staff that aligns with this new guidance.


That's great! You have the guidance right here and now because you just read it, and will send it to me right after reading this, right?  :) 


But wait, there's more. On the last page of Reconnect with HUSD: 2021-22 School Year District Safety Plan:


Our Trusted Sources of Information

Information regarding the pandemic and safety protocols can change regularly. We rely on the following trusted sources of information, among others, to make important decisions and keep you informed: 

I looked at HUSD's three trusted sources: 


HUSD's first trusted source provides a link to the very first document I cited that demonstrates "exposed" = "close contact," and to the state guidance I cited above that does not list quarantine as an option for "in the same indoor space." In fact, where did HUSD find the term "in the same indoor space" I could not find anywhere? From that first source:


TK-12 Schools

California Department of Public Health (CDPH) released Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public. 

    • School staff can follow this updated isolation and quarantine guidance (see tables 1-3 in the guidance)
    • Students can follow this updated isolation guidance (see table 1 in the guidance)

HUSD's second trusted source confirms the definition of close contact as "having multiple brief exposures adding up to 15 minutes" if, and only if, that exposure was within 6 feet. This HUSD trusted source provides three template letters about quarantine to send home (1, 2, 3) that all begin with, "Your child <name> has been identified as having close contact exposure" which confirms HUSD's burden of proof to demonstrate close contact for a quarantine option. The bottom of page 11 refers to CDPH's K-12 Schools Guidance 2021-2022 Questions & Answers for more information on quarantine, which states again the requirement for close contact: 


Asymptomatic student close contacts who have NOT completed the primary series of COVID-19 vaccines NOR were previously infected with (laboratory confirmed) SARS-CoV-2 within the last 90 days exposed to COVID-19 may qualify for a modified quarantine, provided they meet criteria listed in the K-12 Guidance. 


HUSD's third trusted source of Cal/OSHA had this information from the FAQs that is linked in their first paragraph, again confirming that HUSD must be able to prove close contact, and not "in the same indoor space":


Addressing COVID-19 Cases in the Workplace

    1. Q: What is a “close contact”?
A: An employee has had a close contact if they were within six feet of a COVID-19 case for a cumulative total of 15 minutes or greater in any 24-hour period within or overlapping with the “high risk exposure period.”

Please respond by the 4PM Wed. Jan. 19, or student and community complaints will follow. 

Because I provided you accurate and cited data from the very source you claim "aligns with this new guidance," if HUSD does not produce documentation for "indoor space," then I enact our mutual Oath administered by HUSD as a requirement for employment to oppose a prima facie-illegal "health" "order." It is not reasonable to conclude HUSD has supporting documentation if they do not provide it upon request. As always, and perhaps I've made this request ~20 times so far, I ask for HUSD guidance as administrators of our Oath for the district's expectations to honor our Oath to support and defend limited government within our Constitutions. Absent such explanation, I respond in good-faith professional honor.


Without HUSD documentation of authority for "in the same indoor space" for quarantine, then I will represent that HUSD claim as a lie that HUSD invented for an undisclosed political agenda to manipulate the (name omitted) community. Without documentation, then "in the same indoor space" was concocted. If it was concocted, then it was for political purpose (policy manipulation). If the lie is for a policy preference, then there is a political agenda. Because the political agenda is NOT to represent the guidelines in good faith, as I've demonstrated in this document, then HUSD's political agenda to lie about the guidelines is an undisclosed agenda. If HUSD would like to challenge that conclusion after having failing to provide documentation, I'd enjoy hearing a better characterization than what I offer in good-faith professionalism an AP US Government teacher.


So! HUSD has a choice:

  • Document their "in the same indoor space" claim to justify quarantine.
  • Receive student, community, and employee complaints for prima facie-illegal "health" "orders" that the reasonable person standard of law would conclude is a lie to manipulate the community of Hayward, done likely in coordinated conspiracy with other districts and/or political agencies, and because of a hidden political agenda. Again, just provide the document(s) to avoid this reasonable conclusion.

But HUSD won't provide any documentation, will they?


Please read and consider our mutual Oath, for justice always comes,

Carl


**


On Tue, Jan 18, 2022 at 1:50 PM HUSD HR Department <> wrote:

Dear Staff,


Updated state/county guidance was released on January 13, 2022.  Per this new guidance, the following is an update for staff that aligns with this new guidance.  Please note that as further guidance from state/county or CalOSHA becomes available, we will continue to update staff.


To report staff positive/negative results please submit results through these links:


Positive COVID-19 Staff Report Form


Negative COVID-19 Staff Report Form

(Use this form only to end isolation after day 5 if you have tested positive)


*Links are also available on the HUSD website under the ‘STAFF’ tab, and 

on the Human Resources page



COVID-19 Case Reporting Guidance

Positive 

Tested positive for COVID-19

Symptomatic 

Has a symptom of COVID-19

Exposed

In the same indoor space with a person who has COVID-19

Vaccinated Staff
  • Isolate at home.
  • Test on day 5 (antigen recommended)
  • If negative, provide proof of test results to HR and return when symptoms have resolved, as cleared by HR to return. 


If positive or no test is taken, return on day 11.
  • Isolate at home
  • Test immediately (any test)
  • If negative, provide proof of test results to HR and return when symptoms have resolved, as cleared by HR to return.
  • If positive, follow isolation guidelines.

OR

  • Obtain an alternative diagnosis from a healthcare provider (uncommon)

Stay at work.

It’s recommended to test 3 to 5 days from exposure

Unvaccinated Staff

Same as above

Same as above

Quarantine 

Test on day 5. 

Return if the test is negative. If negative, provide proof of test results to HR and return to work when cleared by HR


*Please note that prior to returning to any worksite location, the District requires that you be cleared by the Covid Response Team


The following links will take you to the updated guidance from ACPHD. We will always provide advance notice to staff and the community prior to implementing new protocols.


UPDATED County COVID-19 FLOWCHART FOR STAFF


COVID-19 Staff Testing


We are highly encouraging all staff to test regularly for COVID-19, even if fully vaccinated, as case rates related to new variants continue to rise in our county. Please be reminded:

  • All unvaccinated employees are required to test weekly
  • All employees notified of potential exposure are recommended to test
  • All employees were provided with one ‘rapid’ test.  These tests are available at your site/department.  There is one per employee available as of Jan. 13, 2022


SB95

We have worked with all labor partners to finalize agreement of the extension of SB 95.  We will send out a staff notification on how to request SB 95 leave for absences related to COVID-19 beginning October 1, 2022 through the end of the school year.  Information on reasons to request COVID-19 Supplemental leave can be found here (link).


Frontline Health Screener Update

We understand that now that state/county guidance has changed, we are in the process of updating the frontline screener to align with current guidance.  Please continue to use the screener for reporting symptoms or other COVID related information.  The COVID Response Team will send follow up email information based on Frontline screener results.  We appreciate in advance your patience while we are updating the reporting system.



Human Resources Department



**


Up next!


I engaged with our Social Science Department teachers (5 of 9 opted out) regarding these policies apparently outside legal limits. I offered our two hero students instructions how to file an official district complaint. I started calling the initial Assistant Superintendent during class time on speakerphone to get answers to our questions, emailed those questions to the Health Director and her, and promised to call with my classes until we got answers (we got no answers to messages we left). On Jan. 22 I emailed leaderships of district, teachers’ union, and school admin (not boards) repeating documentation, questions, and promise to shine brighter light on the questions. Upon no response, on Jan. 23 I filed two more Grievances for apparently illegal policies on masks and student segregation, and promised to share the Grievances with teachers inviting their filing. I also promised to assist my 26 returning students from segregated “separate but equal” education to file complaints. On Jan. 23, the Superintendent promised a “response” the following day. On Jan. 24, I received notice from the HR Assistant Superintendent to not report to work on Jan. 25 (the first of 3 days of all-school final exams for the first semester, forcing me to cancel final exams for all my students) in order to be on a 9AM Zoom call that informed me I was placed on paid administrative leave. 


Paid administrative leave is censorship to remove my capacity to communicate with colleagues, both to those wanting my reports on school policies and to stop my participation asking questions and citing apparent inconsistencies of HUSD “health” “orders” and limits of law. This censorship is because any answer HUSD has so far provided is further demonstration their “orders” are outside the law. HUSD will extend their “investigation” about how and why I asked questions (rather than answer obvious and essential questions) until the end of the school year, I predict :)


I’ll get these reports out as quickly as possible under the circumstances.


Stay tuned for our next episode :)


**


I make all factual assertions as a National Board Certified Teacher of US Government, Economics, and History (also credentialed in Mathematics), with all economic factual claims receiving zero refutation since I began writing in 2008 among Advanced Placement Macroeconomics teachers on our discussion board, public audiences of these articles, and international conferences (and here). I invite readers to empower their civic voices with the strongest comprehensive facts most important to building a brighter future. I challenge professionals, academics, and citizens to add their voices for the benefit of all Earth’s inhabitants.

**

Carl Herman worked with both US political parties over 18 years and two UN Summits with the citizen’s lobby, RESULTS, for US domestic and foreign policy to end poverty. He can be reached at Carl_Herman@post.harvard.edu 


Note: My work from 2011 to October 2017 is on Washington’s Blog, which the owner closed from Internet censorship in 2019, and here since. Work back to 2009 is censored by Examiner.com (blocked author pages: here, here). This means that some links in essays are inactive. If you’d like to see those articles, go to http://archive.org/web/, paste the expired link into the search box, click “Browse history,” then click onto the screenshots of that page for each time it was screen-shot and uploaded to webarchive.


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