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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

Erika Jayne, a cast member of the "Real Housewives of Beverly Hills," has filed for divorce from her husband of 21 years, Tom Girardi.In a statement to E!, the reality TV star said this was "not a step taken lightly or easily."Legal documents obtained by The Blast state that the reality TV star filed for the dissolution of marriage.According to People, the couple married in 1999 at the restaurant they first met each other when Erika was a waitress.The couple does not have any children together, and in an interview with Andy Cohen on his Bravo talk show in 2017, Erika stated they do not have a prenup, E! reported.Erika was previously married to Thomas Zizzo, with whom she shares 26-year-old son Tommy Zizzo, People reported. 740

ENCINITAS, Calif. (KGTV) -- An Encinitas family is thanking surfing legend Laird Hamilton after they say he rescued them during a flood while on vacation in Kauai.The Gwilliam family says they were enjoying a normal vacation on the island when, like usual, it started to rain.The family says they weren’t worried until the heavy rain got even heavier. “It was the type of rain that was so heavy, we would say there’s no way I could get worse," recouted Erin Gwilliam. "Then it got worse."The family says so much rain had fallen, the ground was no longer absorbing the water. That’s when the trouble started.Erin and her husband Jamas took photos of the homes all around them, some of which collapsed from the strong floodwaters.The only bridge in and out of the small town of Hanalei was covered by several feet of water. By the end of their trip, not only had the Gwilliam family run out of food, they also needed to catch their flight.The family was almost out of time when a friend called with a plan. The plan? Big-wave surfer Laird Hamilton.Erin says her family was a little star struck. "Being in the same boat as him was a little intimidating, but he didn't let that be, it was just like hurry get on we gotta go.”Hamilton took them to safety across the river and to a dock where the family was able to drive to the airport.Erin says she is thankful the surfer came to save them from a dangerous situation. “The ocean and water is his life he was so comfortable and confident in what he was doing, he was extremely capable, having him get you out it was a huge relief.”Due to the severe damage, Hamilton and his wife have set up a GoFundMe account to raise money. To donate, click here. 1721

ESCONDIDO (KGTV) - In one of the closest races this election cycle in San Diego County, Escondido Mayor Sam Abed added nine votes to his narrow lead Tuesday. He now holds a 29-vote advantage over challenger Paul McNamara.Abed is seeking a third term as mayor, first winning in 2010. He was previously a councilman from 2004-2010.Political analyst John Dadian told 10News he did not anticipate the race being so close. "I did not see it coming, so I am suprised. Going into the last week of the campaign, all the people I talked to that really know that area well, they did not see this coming."Dadian feels several factors are playing a role in tightening the race. He cites changing demographics in Escondido, pulling away from the city's long-time conservative majority. Another conservative incumbent, Ed Gallo, appears to be losing his seat, as well.In addition, Democrats in the region had a large turnout, based largely on the unsuccessful effort to oust Congressman Duncan Hunter. That large turnout may have had a down-ballot effect on the mayoral race.Dadian also sites Abed's controversial stance on immigration, leading Escondido's bid to support efforts against California's sanctuary laws and visiting the White House for a highly-publicized meeting with President Trump. Dadian believes that may have helped enthuse opposition against Abed.As of Tuesday night, Registrar of Voters Michael Vu says there are still 299,000 ballots to count county-wide. It is not known how many of those belong to Escondido voters, meaning it will likely be several days until the winner is known. 1630

ENCINITAS, Calif. (KGTV) - An Encinitas man is trying to drum up some comfort amid the coronavirus pandemic by making some noise.Every night at 8 p.m., across the town of Windsor Locks, CT, the sound of bells of all sizes cuts through the quiet isolation. The town is the hometown of Encinitas resident of Rob LaBreche."It shows the neighbors are thinking about each other, and that is a positive thing," said LaBreche.Labreche decided to try to ring in some positivity in his own neighborhood. He posted his plans on the Nextdoor app and early this week, he and his kids got out some pots and pans at 7 p.m. and started making noise.That night, about five other neighbors joined them."To be honest, I kind of felt silly out there banging the pots and pans, but then when you're silent and feel other neighbors doing the same thing ... it makes you feel good and you know we're all in this together," said LaBreche.Since then, the idea has continued to resonate. He sent us video of his son ringing one of the family's newly-bought bells. On Thursday night - based on messages on Nextdoor - LaBreche believes more than 75 others joined in. LaBreche says the appointment noise making now stretches across several neighborhoods in Encinitas, and even into Carlsbad."Just like the coronavirus multiplying in a negative way, I think we can multiply things in a positive way. I think it can be something people look forward to and feel good about," said LaBreche.LaBreche says he hopes his idea with spread county wide and plans to continue ringing his bells every night at 7 p.m. 1583

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