THE ENVIRONMENTAL PROTECTION AGENCY’S MOST RECENT POLICY ON TESTING FOR PCBs PROVES THAT THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT IS IN VIOLATION OF FEDERAL LAW

SEE AMERICA UNITES FOR KIDS MOST RECENT REVELATIONS AGAINST THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

http://us9.campaign-archive1.com/?u=7f78cd97057aa8eaeb574d18d&id=3c8ebc306a&e=b8bf88a019

See Malibu High School Teachers Revelations against The Santa Monica Malibu Unified School District

According to EPA’s most recent document on PCB policy, the Santa Monica-Malibu Unified School District (SMMUSD) is not following the U.S. Environmental Protection Agency’s (EPA) guidance or law regarding PCBs at Malibu High School and Juan Cabrillo Elementary School, contrary to its August 17th, 2015 press release, where SMMUSD claims it is in compliance with the Toxic Substances Control Act (TSCA) and following EPA guidance by only testing the air and dust but refusing to test any more caulk.

However, an EPA document released on Aug 24, 2015 named “How to Test for PCBs and Characterize Suspect Materials” confirms that a full investigation of the materials is required once a PCB problem–PCBs over the legal limit–like the one found in Malibu is identified. http://www.epa.gov/pcbsincaulk/guide/guide-sect3.htm

See Report on Improper Collusion Between Environmental Pressure Groups and the Environmental Protection Agency As Revealed by Freedom of Information Act Requests

This report examines lessons learned from documents produced pursuant to several Freedom of Information Act (FOIA) requests by the Energy & Environment Legal Institute (E&E Legal, or EELI) — pieced together with others obtained by the Competitive Enterprise Institute (CEI). It focuses on the relationship between the Obama Administration’s Environmental Protection Agency (EPA) and various special interest groups.

See Report here: EE-Legal-FOIA-Collusion-Report-9-15-2014

ON OCTOBER 24, 2015 AMERICA UNITES FOR KIDS RELEASED ADDITIONAL DISCOVERY CONCERNING SUPERINTENDENT SANDRA LYON

In 2013-14, Superintendent Sandra Lyon did not tell Malibu High School teachers and parents that their children were occupying classrooms that the previous teacher just reported having thyroid cancer as well as other previous teachers also having cancer.

These rooms then tested at 570,000 ppm of PCBs! The highest level ever found in the NATION!
This public records request proves that Sandra Lyon knew and was asked by the Juan Cabrillo principal when Lyon was going to tell teachers and parents about it (which was never!) Anyone thinking Child endangerment?
Click on picture to expand:
See America Unites for Kids October 29, 2015 letter to Santa Monica Malibu Unified School District’s Superintendent Sandra Lyon concerning new PCB test results showing widespread PCB contamination at Malibu High School:

See Congressman Ted Lieu’s letter to Jennifer DeNicola regarding Malibu High School’s latest PCB Test Results being sent to EPA’s Administrator Gina McCarthy:

10_29_15_Letter_from_Congressman_Lieu_to_America_Unites

See New PCB Test Results from Malibu High School:

See news articles concerning the SMMUSD Pressing Vandalism and Trespassing Charges Against the Parent who Proved that the Malibu Schools are Contaminated with Toxic Cancer Causing PCBs:

http://westsidetoday.com/2015/11/05/santa-monica-malibu-unified-school-district-want-sheriffs-to-investigate-parent-activists/#comment-123815

http://www.wnd.com/2015/11/mom-who-tested-classroom-for-carcinogens-to-be-charged/

http://fusion.net/story/227803/malibu-schools-pcb-thyroid-cancer/

http://laist.com/2015/11/05/malibu_pcb_case.php

In a bizarre twist, public school officials have filed a police report against a Malibu parent who allegedly took samples of window caulking from school buildings to test for toxic polychlorinated biphenyls (PCBs), according to documents released by Public Employees for Environmental Responsibility (PEER).

Santa Monica-Malibu Unified School District (SMMUSD) is also actively looking for teachers and other community members who may be involved, even as two elected board members have condemned the effort. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

The SMMUSD appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

This Malibu High School and Malibu Middle School along with Jaun Cabrillo’s campus map highlighting testing results of toxins and presence of illness (thyroid cancer, thyroid disease and nodules) paints a pretty convincing picture of the harm already caused. (The three teachers with thyroid cancer all taught in classrooms with toxic illegal levels of PCB in caulk or with wipe samples considered “PCB Contaminated” under the PCB Regulations. As of today, at least three student alumni have also been diagnosed with thyroid cancer. There are also at least 14 known cases of thyroid disease among teachers, and three cases of melanoma or pre-melanoma (a cancer which is also associated with exposure to PCBs) among teachers and former teachers, as well as other serious health problems.)

Based on multiple reports by parents, America Unites For Kids and PEER can assess that only partial PCB removal has occurred in some rooms, which means that the SMMUSD did not remediate all windows and all doors, let alone do any remediation in adjacent rooms.  If the caulking is the same color, kind and installed at the same time in the same building, then it is probable that all rooms also have PCBs over the legal limit.

Despite the fact that PCBs were found at levels up to 470,000 ppm in room 506, and 505, the district failed to test the only other room in that building which is the special education room.
Why would the district assume that this sole room in a building would not also have high levels of PCBs, knowingly leaving special education students in highly toxic classrooms?

If the classroom has no color coding, then the caulking has not been tested.

41ca7296-de71-4534-b6be-2be448d34592

NOVEMBER 2015 UPDATE ON CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS
 
  • 6 teachers with thyroid cancer;
  • 3 alumni  (28-year-old)with thyroid cancer;
  • 1 current student with thyroid disease, possible thyroid cancer
  • 25 teachers with thyroid disease (including 14 of 30 Malibu Middle School teachers);
  • 9 alumni in their 20s with thyroid disease;
  • 1 alumni (22-year-old) with environmentally induced melanoma;
  • 2 current teachers with environmentally induced melanoma;
  • 1 teacher hospitalized from an environmentally-induced rash;
  • 1 current student with an environmentally-induced rash lasting several months
  • innumerable cases of headaches; persistent rashes; daily migraines; infertility issues; hair loss; immune issues; respiratory issues; and diabetes.

America Unites for Kids Seeks Retraction from the Santa Monica Malibu Classroom Teachers Association for Misleading, Libelous and Inaccurate Statements Concerning PCB Contamination in Malibu Schools

See America Unites for Kids November 23, 2015 letter to SMMCTA:

Letter to SMMCTA Sarah Braff

 

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division – Los Angeles)

CIVIL DOCKET FOR CASE #: 2:15-cv-02124-PA-AJW

See link to America Unites for Kids & PEER’s Complaint against the Santa Monica-Malibu Unified School District.

https://lawofficesofbarryfagan.files.wordpress.com/2015/03/document-52.pdf

 

See The Environmental Protection Agency’s most recent policy on testing for PCBs:

http://www.epa.gov/pcbsincaulk/guide/guide-sect3.htm

Building Characterization and Sampling Plan

A sampling plan should be developed to characterize the caulk and other potential building materials that might either contain PCBs or be contaminated through contact with PCB-containing caulk such as wood, masonry, or brick. The sampling plan should consider the following steps:

    1. Test indoor air to determine if PCBs are present in building indoor air. If your building is a school you can compare the test results to the the Exposure Levels for Evaluating PCBs in Indoor School Air.

If PCBs in indoor school air are above the exposure levels determine the extent of the problem by:

  1. Testing suspect building material to determine PCB sources. Building material that is removed and contains 50 ppm PCBs or greater is regulated for disposal (see Abatement Step 3)
  2. Evaluate building material sample results and determine if surrounding materials warrant testing.
  3. Outline areas requiring corrective action and prioritize contaminated building materials for removal based on their PCB-concentration levels, potential accessibility, and building occupancy (see Abatement Step 1 for more details).

Sample Collection Procedures

The sampling plans may require the collection of any of the following sample types:

See the Santa Monica Malibu Unified School District’s Most Recent List of Expenditures relating to the Toxic Substances Control Act Violation Lawsuit (TSCA):

Over $6,500,000 spent so far and still rising!

http://malibuunites.com/wp-content/uploads/2015/09/Purchase-Orders-Approved-at-Board-Meetings2.pdf

Purchase-Orders-Approved-at-Board-Meetings2

See America Unites for Kids Change.org Petition:

Petitioning EPA Administrator Gina McCarthy

Protect Children, Enforce the Law, and Remove Toxic Chemicals from our Nation’s Schools.

https://www.change.org/p/protect-children-enforce-the-law-and-remove-toxic-chemicals-from-our-nation-s-schools?recruiter=92014425&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive

Other SMMUSD Litigation, and Errors in Judgment:

There are many other troubling issues with the Santa Monica Malibu Unified School District.

1. Student & Parents vs. Wendy Wax Gellis & Santa Monica Malibu Unified School District:

This lawsuit alleges that the SMMUSD and Wendy Wax Gellis are criminally liable for violations of California Penal Code § 11166 and 11172(a) et seq. for filing a knowingly false child abuse report with child services and the police.

Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School District’s Retaliatory Acts Against Students and Parents by Filing False Claims of Child Abuse with the Department of Children & Family Services.

See link to News Article here: http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

The lawsuit alleges that an example of retaliatory action by the SMMUSD and Wendy Wax Gellis taken against this family includes knowingly and maliciously filing a false child rape and domestic violence allegation with the local law enforcement and with the Los Angeles County Department of Children and Family Services (DCFS) in retaliation for parent’s exercise of their federally protected right to bring claims against the SMMUSD before the United States Department of Education’s Office for Civil Rights (OCR).

The family alleges that on December 18, 2013, SMMUSD employee named Wendy Wax Gellis made a knowingly false referral to the Los Angeles Department of Children and Family Services (DCFS), and to local law enforcement that parent raped her own son. The allegations were determined by all investigating agencies to be unfounded.

For details of this pending Federal lawsuit go to:

https://lawofficesofbarryfagan.wordpress.com/2014/08/25/santa-monica-dispatch-article-concerning-smmusds-retaliatory-acts-against-students-and-parents-by-filing-false-claims-of-child-abuse-with-the-department-of-children-family-services/

2. Student v SMMUSD:

9th Circuit Court of Appeals Case No. 13-55665 & District Court No. 2:12-cv-03059-SVWPJW

For details of this SMMUSD litigation, go to:

The Santa Monica Malibu Unified School District Did Not Act “Reasonably” When It Chose To Conduct An IEP Meeting Without the Parents’ Presence

https://lawofficesofbarryfagan.wordpress.com/2015/06/04/student-vs-santa-monica-malibu-unified-school-district-re-the-santa-monica-malibu-unified-school-district-did-not-act-reasonably-when-it-chose-to-conduct-an-iep-meeting-without-pa/

*Legal Fees in the amount of $215,000 were approved by the SMMUSD’s Board of Education on June 29, 2015.

See link to the June 29, 2015 Board of Education Minutes: Re: Attorney’s Fee Settlement in the amount of $215,000

http://www.smmusd.org/brd1415/min062915_spmtg.pdf

3. Other Superintendent Sandra Lyon’s Errors in Judgment:

“SANTA MONICA TEACHER WAS RIGHT, SUPERINTENDENT WAS VERY, VERY WRONG”

April 07, 2014|By Robin Abcarian (LA Times Reporter)

http://articles.latimes.com/2014/apr/07/local/la-me-ra-santa-monica-teacher-was-right-20140407

http://patch.com/california/santamonica/fire-sandra-lyons

https://www.change.org/p/sandra-lyon-and-smmusd-school-board-an-apology-from-superintendent-sandra-lyon-to-mark-black-for-throwing-him-and-all-teachers-under-the-bus-as-well-as-for-making-a-biased-inflammatory-response-to-mark-s-heroic-classroom-actions

4. Severe Bullying at Malibu High School and Superintendent Sandra Lyon’s Ratification of the Conduct:

http://www.santamonicadispatch.com/2014/02/victim-becomes-villain-in-malibu-controversy/

For details of this pending litigation, go to:

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/severe-bullying-at-malibu-high-school-the-smmusds-ratification-of-the-conduct/

IMAG0391Student vs. Santa Monica Malibu Unified School District (SMMUSD) et al

LOS ANGELES SUPERIOR COURT COMPLAINT

SPECIAL INTERROGATORY NO. 13:

LIST THE FULL NAME AND JOB TITLE OF THOSE INDIVIDUALS AT SMMUSD (AND/OR MALIBU HIGH SCHOOL) RESPONSIBLE AMENDING/REVERSING CANCELING AND OR OTHERWISE MODIFYING THE DISCIPLINARY SUSPENSION OF DEFENDANT SEBASTIAN SARTORIUS ISSUED IN OR AROUND NOVEMBER 2012.

RESPONSE TO SPECIAL INTERROGATORY NO. 13:

SANDRA LYON, SUPERINTENDENT OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT.

5. PCBS REMOVED FROM SANTA MONICA SCHOOLS BUT LEFT IN MALIBU SCHOOLS

Superintendent Sandra Lyon cares more about protecting landfills than protecting children and teachers.

http://www.peer.org/news/news-releases/pcbs-removed-from-santa-monica-schools-but-left-in-malibu.html

6. America Unites Accuses the SMMUSD of Secret Cleaning

 

7.  THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT HAS FAILED ITS AFRICAN AMERICAN, HISPANIC, DISABLED & ECONOMICALLY DISADVANTAGED STUDENTS AT MALIBU HIGH SCHOOL, SANTA MONICA HIGH SCHOOL & JOHN MUIR ELEMENTARY SCHOOL

https://lawofficesofbarryfagan.wordpress.com/2015/09/13/the-santa-monia-malibu-unified-school-districts-caaspp-results-has-failed-its-african-american-hispanic-economically-disadvantaged-students-at-santa-monica-high-school-john-muir-element/

8. There is a statistically significant “relationship” between spending your days at Malibu High School and Thyroid Cancer

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/

The Santa Monica Malibu Unified School District appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

9. The City of Malibu Unanimously Passes a Resolution to Form an Independent Malibu Unified School District

See link to Resolution here: CC150916_Item-1

10. The Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers from this continuing harm.

It’s time to fire Superintendent Sandra Lyon

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