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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

ESCONDIDO, Calif. (KGTV) — In a display of solidarity with protesters, Escondido officers were seen taking a knee with protesters during a demonstration against police violence on Monday.Photos showed the officers alongside protesters demonstrating against racism, police brutality, and calling for justice for George Floyd, a black man who died in police custody in Minneapolis.Long-time resident Vanessa Reyes attended the demonstration which happened outside of Escondido Police Department headquarters. She captured the profound moment in a series of photos she later shared with 10News.“It was very emotional, it was very eye opening for me.”The mother of four said she wanted to document the protests for her children, ages 7- to 22-years-old. Not knowing what to expect, she decided to keep her children home while she snapped images of the demonstration.“I went out there to support the black community and take pictures because I really want to have pictures for my kids to show them this is going to be history, this is real, this is what’s going on.”Reyes described the demonstration as peaceful and emotional, though some times rowdy.“The younger kids, maybe like the 20-25 year old’s, they were very, very involved and wanted to be heard, and the chief of police was willing to let them be heard," said Reyes. “Everybody just wanted to be heard and there was so much emotion and the Escondido Police sat there and listened.”At one point during the protest, Reyes said the crowd, comprised of people of various races, moved towards the police skirmish line. “When we first got there all the officers were across the street, then all of a sudden the protesters moved towards the officers," said Reyes.The tense situation was de-escalated when demonstrators struck a conversation with an officer.“A group of protesters got together and asked the officers if they wanted to take a knee and have a moment of silence for George Floyd and they didn’t hesitate.”Reyes began taking photos to capture one of San Diego's most powerful moments of these demonstrations that saw a weekend marred by violence and riots across the county.The officers, dressed only in their regular uniforms, joined the crowd.“That moment was extremely emotional. You could tell that they [officers] were very genuine and you could tell they really want to make peace and everything better for us.”Unlike some of the chaotic confrontations witnessed in other parts of the country, Reyes said demonstrators and police officers were respectful of each other, and that the police chief was actively encouraging the crowd to share their voice.“Officers tried to ask everybody what could they do.”The scene was similar to a display caught on Sunday in downtown San Diego, where protesters exchanged fist bumps and handshakes with officers. Other moments of unity between police and demonstrators have been captured around the nation.In a statement, an Escondido Police officer said:"Last night I, as well the citizens of Escondido were witness to a peaceful, passionate, justified protest. I want to thank our community for your powerful display of protest, in the peaceful yet profound manner it was delivered.I witnessed 'the few' agitators that attempted to hijack the event with violent and destructive means, met by 'the many' of our community members, protest groups and participants, who thwarted all efforts demanding peace and civility.For this I extend my deepest gratitude. Thank you for supporting us as we were doing our best to support you. We hear you, we stand and or kneel with you and through these difficult times we will not wavier in our mission to serve and protect you.I truly believe it is you, the people, that make this the City Of Choice!"Protests across the county and around the nation began this week after video surfaced showing a Minneapolis officer kneeling on Floyd's neck for nearly 10 minutes. Floyd's death while in-custody sparked nationwide calls for police reform. 3989

ENCINITAS, California — A California woman says she was scammed at a gas station by a performance 'worthy of an Oscar.'"We pull in and my husbands about to pump in the gas," said Alice. An ordinary trip to fill up turned eventful last month at a Shell gas station in North County, California."I see a man pull up in a black SUV, brand new and shiny," said Alice. Alice says a man in his 30s got out of the GMC Yukon and approached them."He was in head-to-toe designer clothes," said Alice. In the backseat were a well-dressed woman and a little girl."He says, 'Excuse me, Sir. I'm here vacationing from Dubai with my family and my wallet was stolen,'" said Alice. The man asked for some money for gas and then took out a ring."Here, take my ring. It's worth 0. I have money and plenty of jewelry at home. I just need money for gas and food," said Alice.Alice told the man to keep the ring and then had her husband put in on a pump with their credit card."I believed their story ... I put myself in their shoes. I would be devastated, and I would want someone to help me," said Alice.Days later, she learned from her cousin in Los Angeles those strangers were scammers."I was the fourth person she knew of personally that this happened to. I was duped," Alice said.Then this past Wednesday, she was back at the gas station and filling up, when she saw something familiar. It was another new GMC Yukon.Inside was a different family. She saw them talking with a young man, before pulling out a ring."I ran over put my hand in front of the guy and said, 'You should be ashamed of yourself. This is a scam!" Alice said.She learned the family had a similar story about vacationing from Dubai. The SUV sped off."It makes me angry. It's the giving season and they take advantage of that. They're actors. They played their part perfectly. They're going to get an Oscars, and I handed them the award," said Alice.Alice believes both vehicles had out-of-state license plates. She says she contacted the sheriff's department but was told this incident would likely be defined as panhandling, which isn't a crime. 2115

ENCINITAS, Calif. (KGTV) - The City of Encinitas announced a timeline Monday for its leaf blower ordinance restrictions. The rule, which bans all gas-powered leaf blowers and restricts hours of use, was adopted by the Encinitas City Council on Aug. 21. The ordinance took effect for city operations on Sept. 20. By Dec. 20, all commercial operators will be required to comply with the rules. All others have until Jan. 20, 2020 to adhere to the restrictions. The new ordinance includes the following restrictions: Prohibits the use of all gas-powered leaf blowers citywide by January 20, 2020; Allows for the use of electric or battery-powered leaf blowers; Requires responsible use of blower equipment to control dust and noise; Leaf blowers of all types may only be used between 8 a.m. and 6 p.m. Monday through Saturday, and between 12 noon and 5 p.m. on Sundays.Anyone who must purchase a new electric or battery-powered leaf blower can take part in a rebate program to partially subsidize the purchase. For more information, see the City of Encinitas Leaf Blower Ordinance website. 1096

ENCINITAS, Calif. (KGTV) -- The San Diego Sheriff's Office is investigating an incident involving Phil Graham, a candidate to represent the 76th district in the California Assembly. Niki Burgan filed the battery case with the Sheriff's Office Sunday, May 20.  She accuses Graham of forcibly kissing her at an Encinitas Bar. Burgan told 10News that it happened at 1st Street Bar on S. Coast Hwy 101 on the evening of Sunday, May 13, into the early morning of Monday, May 14 as the bar was closing. She said that Graham had initially been flirting, even mentioning that he was running for office and asked whether she would vote for him. After finding out that he was a Republican candidate she said, no she was a Democrat. At some point, she says his talk turned into aggression and Graham grabbed her hair, pulled her in, and started to kiss her. She said she had to push him off. Burgan also said she remembers that Graham had so much to drink that night that she had to help him sign his tab. The next morning Burgan says she learned that he was related to former Governor Pete Wilson and she was worried about repercussions. That's why she didn't file right charges right away.  1259