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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

ENCINITAS, Calif. (KGTV) - Sheriff's Deputies are on the lookout for the man who jumped out of the bushes and confronted an Encinitas man with a rifle. The attack happened Friday morning on Fortuna Ranch Road when the victim was in his driveway. A neighbor tells 10News the man popped out of the bushes wearing a ski mask and camouflage clothing. He then pointed a rifle at the victim, threatening to rob or shoot him.  Deputies say, somehow, the victim was able to run to his neighbor's home and call 911. The gunman got away before law enforcement arrived, but it's unclear if he ran or drove away. With the gunman still at large, some neighbors are concerned for their safety. Crime Stoppers is offering a ,000 reward for any information leading to an arrest. If you have any information, call Crime Stoppers at 888-580-8477.  879

ENCINITAS, Calif. (KGTV) -- A girl who disappeared from Moonlight Beach Tuesday afternoon was found safe in San Marcos. According to lifeguards, the 14-year-old girl’s family called to report her missing just before 5 p.m. Just before 6 p.m. the San Diego County Sheriff's Department said the young girl was located in San Marcos. It's unclear at this time what the girl was doing in San Marcos, but the department said family members were traveling to the city to pick her up. 487

ESCONDIDO, Calif. (KGTV) — As San Diego County rolls back again into the more-restrictive purple tier, the city of Escondido is coming together to make sure their small businesses survive the newest rollback.In Escondido, Carol Rogers is involved with the Downtown Business Association and the Chamber of Commerce, plus she also owns Stone and Glass, a glass blowing shop. She said everyone has been feeling the impact for the past eight months, but they’re finding ways to adapt.For her glass store, she said online sales have been what kept her afloat.RELATED: San Diego County moves into California's COVID-19 purple tier, new state data shows“Our online sales are phenomenal. It’s what’s kept us in business. It is the only thing that’s kept us in business,” said Rogers.She said she and the organizations she works with have created different plans to help all small businesses. During the summer, they closed down a lane of traffic along the main street and added cement barricades, creating a space for stores to add tables to the sidewalks. Some types of businesses were able to use the space, but others were not.“What we found is the restaurants did it. I works for the restaurants, but retail is not using the space,” she said, discussing the outdoor sidewalk addition.In the spirit of unity, they decided to not waste the outdoor space, so Rogers created an art walk that happened Saturday, Nov. 14. Artists and creators were able to move into unused street space and host pop-up shops, giving them business that has been missing since their local Second Saturday stopped in March.In addition to the stores moving outside and artists popping up for a Saturday afternoon, the community has also stepped up to add life to the cement barricades that block off the outdoor sidewalk space. Starting in the summer, a few cement blocks were painted by artists, and that has continued. Now, Grand Avenue is lined with multi-colored pieces of art.“There’s been professional artists, there’s been people that just want to paint, there’s children,” said artist Tristan Pittard, who was working on his cement canvas Saturday.Pittard said the art is an additional motivator for people to visit the area and support local businesses.“Art in general affects peoples psyche and public art is important for that because people might not be exposed to art otherwise,” said Pittard.For Rogers, the combination of the art walk with the painted cement shows the unity of the people, and gives her hope that Escondido will survive another rollback. She said she hopes the art walk will become a monthly event.“The more that we can do this, we believe the more people will come. This makes people comfortable. We’re outside. We’re far apart. It’s safe,” she said. 2760

Fall foliage has officially started here in the United States, and Roadtrippers has created a gorgeous map to show where and when to see the autumn colors.Leaves are changing in Vermont, and other areas will begin seeing the same soon. 248