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ENCINITAS, CALIF. (KGTV) -- The return to in-person instruction for some north county students appears to be in legal limbo.Friday, the California Teachers Association filed a legal petition on behalf of the union representing the teachers in the San Dieguito Union High School District. The union wants the district's reopening plan blocked, saying, among other things, it violates the state's public health rules concerning the pandemic.Last Tuesday, the school board voted to give students the option of returning to in-person instruction five days a week on January 27th. Previously, the board voted to return to campus one day a week beginning January 4th.Lori Laroque has two boys in eighth grade at Pacific Trails Middle School. She applauds the board's decision."I was elated, and this was something that should have happened a long time ago," said Laroque.Ann Cerny has been teaching U.S History at Earl Warren Middle School for twenty-seven years. She also has a high school daughter in the district.Cerny says she would love to see kids return to campus, but she says now is not the time."Yes, in-person learning is best, but it's not going to be that 2019 in-person situation, and people aren't seeming to accept that reality," said Cerny, who has been teaching remotely from her classroom.Union leaders estimate up to 20% of teachers won't return if the plan for five days a week in-person instruction goes through.Cerny says she has concerns about exposure to COVID-19, but that isn't her biggest fear."It's the academic chaos that we find ourselves heading towards. I'm just worried that it's not going to roll out well. I'm worried for equity for students. I'm worried for the many, many teachers going out on leave and having subs for classes," said Cerny.The school board president said the district is actively recruiting for teachers and substitutes.No one from the board was available to comment on camera, but President Maureen Muir sent 10News a lengthy statement explaining the reopening plan."The health and safety of our students and staff is the District's highest priority. The District's Safe Reopening Plan follows the guidance issued by the California Department of Public Health and includes detailed protocols for distancing and ventilation.Staff will be encouraged to maintain 6 feet of distancing, as practical, from one another at all times, and teacher desks will be at least six feet away from students. Students will maintain distancing as practicable and in compliance with guidance from CDPH, including arranging desks in a manner that minimizes face-to-face contact. We have evaluated all of our classroom spaces and planned to maximize distancing. We have also planned carefully to maximize distancing for students and staff outside of our classrooms, including before, after, and between classes.The District consulted with ventilation and filtration experts to determine the maximum efficiency our units can handle. MERV 8+ filters were installed in all of our units, which achieves MERV 11 efficiency. Additionally, we purchased and installed HEPA filters in our classrooms, common areas, and offices. We have CO2 sensors in our newer buildings that monitor indoor air quality and we are purchasing more for other spaces.To ensure the continuity of teaching and learning, the District is allowing teachers who are in a high-risk group, or who have a household member in a high-risk group, to teach from home for the remainder of the second quarter, which ends on January 22, 2021.We have also informed teachers who have childcare needs due to COVID-19 that they may also work from home during this same time period. The District has made every effort to work with our teachers to keep them safe and to address their concerns about returning to work. The District is continuing to evaluate potential staffing shortages and has been actively recruiting teachers and substitute teachers to address this issue.The District is aware that the San Dieguito Faculty Association filed a petition for a peremptory writ of mandate on Friday that seeks to prevent the District from providing in-person instruction to students in January. The District is evaluating the claims and will respond to the filing in court,"Maureen" Mo" Muir. President of the San Dieguito Union High School DistrictThe board will have an emergency closed-door session Tuesday to address the union's legal challenge.The petition filed seeks to stop the reopening at three of the district's high schools. The union argues in-person instruction did not start at the schools before the county was moved back into the purple tier.Cerny said the union's legal action is unprecedented."We've never needed to do anything this drastic to feel safe and supported in the classroom. It makes me really sad to think about that," said Cerny.Larocque is hoping her kids will still be able to return to school."I'm just putting one foot in front of the other and hoping and praying for a holiday miracle."No one from the school district responded to requests for comment. 5074

Even as the U.S. hit a single-day record of new coronavirus cases this month, the CDC’s latest statement calls for schools to reopen. But critics say there is vague guidance for what happens if there is a school outbreak.As states across the country weigh the risks of reopening schools this fall, the message from the White House has been loud and clear.Last week, President Donald Trump stated he would like schools to reopen, stating, “Yeah, I would like to see the schools opened, open 100 percent.”Most doctors, educators, and psychologists agree that going back to school would be in the best interest of students. But what happens if just one student contracts the coronavirus? Would that force a shutdown?Some health experts are wary.“Once you start getting into dozens, or even more kids and teachers starting to get infected, it's going to be very hard to keep that school open, said Dr. Ashish Jha, a professor of medicine and the director of Harvard University’s Global Health Institute.“We have to have really smart planning and we have to have a clear protocol for how to identify kids and teachers and staff who get infected and then know what to do when we identify them. I just haven't seen that kind of clear protocol yet.”Late last week, the CDC did issue new guidelines for school reopening. They include encouraging social distancing, spacing out desks and requiring face coverings.But the guidance leaves it up to states, schools and local health departments how to precisely handle an actual outbreak.“What we have is patchwork, not just across states, but even within states across communities,” said Dr. Jha. “States are turning over the responsibility to individual communities and saying, ‘You figure it out.’”Recommended strategies from the CDC’s guidelines include:Immediately separating staff and children with COVID-19 symptomsSetting up safe transport for anyone who is sick to their home or to a healthcare facilityClosing off areas used by a sick person, cleaning and disinfecting after 24 hours when possibleImmediately notifying health officials, staff, families and anyone who may have had close contact with an infected person while maintaining confidentiality lawsStill, there is concern.A recent survey from The Associated Press-NORC Center for Public Affairs Research found, “46 percent of Americans believe schools need major modifications to deal with the coronavirus pandemic, and another 31 percent think they shouldn’t reopen for in-person learning at all.”“We can open schools safely but key to that is making sure the level of community transmission is pretty low, so you don't have sort of raging wildfires in the community,” said Dr. Jha. “Because it's going to be very hard to keep those fires out of the school.” 2772

ENCINITAS, Calif. (KGTV) - Construction is underway on bike and pedestrian improvement projects in North San Diego County.Paths will be built beneath the Interstate 5 overpasses at Santa Fe Drive and Encinitas Blvd.The work, which will cost .5 million, should be finished in late summer 2019.During construction, drivers can expect traffic delays. There will also be periodic noise and lights.“Construction activities have been designed to reduce impacts to anyone using these intersections,” said Caltrans Project Manager Arturo Jacobo. “While there will be narrowed lanes, we do not anticipate any lane closures during construction. Additionally, we are installing a temporary protected path for pedestrians and people on bikes, which now only exists along westbound Santa Fe Drive.”The projects are part of the North Coast Corridor Program, which will eventually add carpool lanes to I-5, double track the coastal rail corridor, provide walking and biking trails, and complete environmental restoration. 1017

Every year, millions of kids across the country look forward to dressing up, knocking on doors and celebrating Halloween with lots of candy. But this year, the pandemic is likely changing some of those celebrations.So, is it still possible to celebrate Halloween this year?"That's a great question. I'm not just a doctor, but I'm also a parent to three young boys who are of trick-or-treating age. So, it's certainly a question that gets asked a lot in my wife's pediatric practice, as well,” said Dr. Kenny Banh, an emergency room physician and assistant dean of undergraduate medical education at UCSF-Fresno. “I have to say, I don't want to give a blanket answer, because it really depends on where you are and what the numbers are."Dr. Banh says there are ways to trick-or-treat this Halloween, but you first have to look at your local city and county ordinances."There’s simple things of just maintaining the guidelines. How do you do a mask? There are ways to incorporate masks in a costume and make sure we make or get costumes with masks integrated into them and trying to maintain social distancing,” suggested Dr. Banh. “The good thing about candy is years ago we moved away from homemade candies. Almost all candy is packaged already, so that’s helpful.”Still, limiting the number of people who touch the candy is a good idea along with wiping down the packaging.If you're wanting to pass out candy this Halloween, it's best to do it with a mask on and try to limit the number of trick or treaters handling the candy."Some recommendations are prepackaged candy, give little candy gift bags people can grab as they get by, instead of having kids reach in with their hands and grabbing a bunch of stuff, or you passing out with gloves or getting tongs and just dropping them into or getting a scooper letting kids drop it in," said Dr. Banh.Dr. Banh's biggest concern is with Halloween parties."Having Halloween parties and getting kids from the neighbors or friends all together, that’s really different than you as a nuclear group going as a family going out trick-or-treating and doing it safely,” said Dr. Banh. “Trying to understand that we’re finally making some ground in many states and we can easily go backwards. Labor Day, Halloween all these things sort of letting our guard down on those aspects.”Doctors say it's important to stay vigilant when it comes to protecting yourself from coronavirus so that the only frightening things we're encountering this Halloween are scary costumes and decorations. 2530

ESCONDIDO, Calif. (KGTV) — Police have arrested a North County doctor accused of sexually assaulting a patient.On March 28, Escondido Police say a woman reported being sexually assaulted while unconscious by Dr. Leng Thai Ky, a 40-year-old anesthesiologist from Poway.EPD detectives investigated the woman's report over the weekend, and arrested Ky on Monday with the help of the U.S. Marshall’s Fugitive Task Force.Ky, a doctor for the last eight years, has associations with Palomar Hospital, North County Pain Institute, Sharp Community Medical Group, Graybill Medical Group, and the Desert Pain Clinic in Rancho Mirage, EPD says.Police believe there are more, unidentified victims of Ky and urge anyone with information to call EPD at 760-839-4790. 760

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