Respect

Four months after the removal of a student from the class of an openly gay teacher at Hemet's West Valley High School, the teacher is still waiting to resolve the issue.

Alta Kavanaugh said she is waiting for action from the Hemet Unified School District and the state Labor Commissioner for what she calls the district's improper transfer of a girl because the child's parents objected to Kavanaugh making reference to her lesbian lifestyle in the classroom.

The 53-year-old veteran of 25 years of teaching has filed a complaint with the Hemet Teachers Association, California Teachers Association and the state Labor Commissioner's Office. Her case is currently under investigation with the district. She said the state commission has not taken any action yet.

At issue was Kavanaugh's assigning her class to talk about an important person in their lives and then volunteering her relationship with her female partner as an example.

Kavanaugh contends that the district erred in transferring the girl without following the procedures required by teacher contracts: The principal first meets with the teacher and the parents. If the matter remains unresolved, another meeting is called, this time including a representative of the district administration. The last step is to bring in a professional arbitrator to settle the matter, she said.

According to Kavanaugh, none of the above procedure was followed and that is why she has filed a grievance.

"My remedy does not involve money," she said. "It is a problem of educating the district administration on gay and lesbian rights."

Jim Smith in the HUSD's pupil services office said requests for class changes are common, but they are usually resolved at the school counselor level.

"Each change is considered on its merit," Smith said. "Bigotry is not considered reasonable grounds."

Janiece Bertrand, the mother of the girl who was transferred out of Kavanaugh's class, said her problem is not with the teacher's sexual preference. "I just don't think it is right for my daughter to be in a classroom with that uncomfortable living environment," Bertrand said.

She said she requested her daughter's transfer because she thought such a move would be better for the girl.

"We felt the classroom was used as a forum to promote a controversial subject. It was uncomfortable for our daughter and for us," Bertrand said. "I am sorry she (Kavanaugh) was offended. This is not a gay issue. It is not because of her sexual orientation. It is an issue over authority � what a student can be transferred for, for whatever reason."

A transfer request was denied by Kavanaugh, Bertrand said, so she contacted Charles Rathbone, who at that time was on the Hemet school board. Hemet Unified School District Superintendent Stephen Teele and West Valley Principal Glen England were contacted and, Bertrand said, they agreed to transfer her daughter out of the class because there was an opening in another classroom.

Myron Dean Quon of the Western Regional Office of Lambda Legal Defense and Education Fund, Inc. in Los Angeles pointed to the First Amendment of the U.S. Constitution and the right to freedom of speech in supporting the teacher's view.

"A gay teacher ... should be able to share information about her life without any interference with the classroom operation," Quon offered, citing the legal case of Zykan vs. Warsaw Community School Corp. It is arguable that gay literature should be more readily available in universities and colleges.

HUSD Assistant Superintendent of Educational Services Linda Joyce said the district always considered parental requests for transfers. However, she said transfers are not automatically granted.

Dean Fryer of the state Labor Commissioner's Office in San Francisco said Kavanaugh's complaint is now being looked at by his office. If the investigation leads to a ruling in her favor, the school board would be directed to change its policy on removing students. If a ruling favors the district, Kavanaugh could appeal to the director of the Labor Commission.

Fryer pointed out that Kavanaugh could file a court suit against the district alleging her civil rights were violated at any time during the review process. Kavanaugh acknowledges that there might be grounds to move a student from one classroom to another.

"We have steps to see that everyone's rights are protected," the teacher said.