THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT’S SCHOOLS HAVE BECOME BREEDING GROUNDS FOR FLEAS AND RATS

See Declaration from Malibu High School Teacher Carla Bowman Smith declaring that Malibu High School’s condition is horrific, and is infested with rats, feces and urine:

DECLARATION OF MALIBU HIGH SCHOOL TEACHER CARLA BOWMAN SMITH

See CBS News Story here:

http://losangeles.cbslocal.com/2015/10/21/kids-parents-say-elementary-school-has-been-turned-into-breeding-ground-for-fleas/

An elementary school in Santa Monica has become a breeding ground for fleas, say parents and students.

They blame the recent heat and humidity but whatever the cause, they’re not happy about it.

CBS2’s Jeff Nguyen met up with many people who have been bitten at Roosevelt Elementary.

“I got it on my wrist and my legs,” said 11-year-old Hinano Mann.

She was bitten in several places in recent days.

“It felt really  itchy,” she said.

Jane Kennedy says her daughter has been bitten several times in the past two weeks. And she’s angry about it.

“I don’t want her have scars because she’s scratching,” said Kennedy.

The Santa Monica Malibu Unified School District says the principal reached out to parents earlier this month to let them know about the problem — namely two-classrooms were infested with fleas.

One class room had to be moved temporarily.

District officials say both were first treated with non-toxic organic material but that didn’t work.

Fleas were later found in more rooms.

So the entire campus was treated with a pesticide. the district says that wasn’t completely effective so seven classrooms were re-treated a week later.

“They made sure it was done on a Saturday when the kids are out of the school,” says Ashley Morgan, a parent.

“They are on top of it and they are handling it the best that they can,” said parent Kevin Mann.

One parent showed Nguyen a bite mark – she says got bitten while waiting in front of school Tuesday  to pick up her child.

The district believes a feral cat that’s been hiding under the classrooms may be the source of the flea infestation.

A pest control company is trying to trap the cat to treat it.

The district told Nguyen they are considering an additional pesticide treatment of the field this weekend — but not the classrooms. They’re waiting to see if the last treatment took before making that decision.

http://losangeles.cbslocal.com/2015/10/21/kids-parents-say-elementary-school-has-been-turned-into-breeding-ground-for-fleas/

Other SMMUSD Litigation, and Errors in Judgment:

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

  1. Superintendent Sandra Lyon ordered the use of Fumitoxins and Strychnine on Saturday, Aug 22, 2015 at Malibu High School, Juan Cabrillo and Webster Elementary schools despite hundreds of letters from parents in protest.

Her reckless actions put kids and wildlife at risk.

See link to America Unites For Kids Freedom of Information Act request dated Aug 22, 2015:

Freedom Of Info Act Dec 22-1

See link to Malibu Parent’s letter to Superintendent Sandra Lyon and Published in the Malibu Times on September 4, 2015:

Malibu Parent’s Letter: Protecting Children

http://www.malibutimes.com/opinion/article_fcd1df0e-51c4-11e5-b14c-f35d240585b1.html?mode=story

Malibu Parent Stacie Cox’ Public Comment about Superintendent Sandra Lyon:

An empathetic and confident leader would make all her decisions based on how to best protect children, and not make decisions based on legally what she can get away with. You seem to act on false information, archaic ideals, and without a conscience. Your behavior is unconscionable and you should be ashamed of yourself.”

Rodenticide use at Malibu Schools Rouses Call for District Separation

See Malibu Times Article here:

http://www.malibutimes.com/news/article_09817ee0-4bb1-11e5-b2b0-7f6db2b94b50.html

See City of Malibu Brochure Re: Poison Free Malibu:

BROCHURE%20Wildlife_antiPoison%20final_201403211343153527

2. The Santa Monica-Malibu Unified School District’s Classroom Teachers Association Urges SMMUSD Officials to Consider the Well-being of its Children and Staff

Santa Monica Teacher’s Public Comment:

“Genevieve Szafran
I am a teacher at John Adams middle School. My classroom has been between 86 and 88 degrees every day since school started. I have not been provided with a fan and I’m using two of my own. It is unbearable . I have been suffering from heat exhaustion. My symptoms include nausea, dizziness and an inability to focus. My students are unable to concentrate. This is not a new issue. It is hot for at least 3 months out of every school year since I started working for SMMUSD 15 years ago. This is unacceptable.”

Dr. Henry Kirolos, a UCLA physician who specializes in preventive and primary care said that one of his patients is a John Adams Middle School teacher who reported that her students couldn’t focus in her hot classroom.

Kirolos added that it’s difficult to teach when students are loosening their shirt collars, fanning themselves and wiping sweat off their faces during instruction time.

He cited a scholarly article by Glen I. Earthman regarding the impact of school conditions on academic performance, which points to a study that determined optimal classroom temperatures to be between 68 and 74 degrees Fahrenheit.

“If children are hot and sweaty inside the classroom, they’re not going to be able to concentrate,” Kirolos said. “It’s not conducive to learning.”

See link to Santa Monica Daily Press New Article dated September 16, 2015:
Concerns over classroom temps heat up

3. Student v 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/

4. 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

5. 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

6. 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.

7. 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

8. AMERICA UNITES FOR KIDS & PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY vs.

SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT

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

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

The Santa Monica Malibu Unified School District is Ordered to Stand Trial on May 17, 2016 for Failure to Protect Students & Teachers from Toxic Levels of PCBs

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/08/15/america-unites-for-kids-peer-v-sandra-lyon-et-al-re-the-santa-monica-malibu-unified-school-district-is-ordered-to-stand-trial-on-may-17-2016-for-failure-to-protect-students-teachers-fro/

See link to America Unites for Kids & PEER’s Complaint against the Santa Monica-Malibu Unified School District For Violations of The Toxic Substances Control Act (TSCA).

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

9.  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/

10. 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.

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.

11. The Santa Monica Malibu Unified School District is also spending an outrageous amount of money on litigation.

See link and list of just some of the SMMUSD’s expenditures to date:

Purchase-Orders-Approved-at-Board-Meetings2

11200986_700561446719884_1823505260638714771_o

July 15, 2015
Aug 12, 2015

Over $6,500,000 has been spent on lawyers and consultants thus far and still rising!

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

See link to Resolution here: CC150916_Item-1

13. DREW BALAGUER, REINA ROBERTS, and MARK BALAGUER v. SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT,

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case No.: 2:14-cv-06823-CBM-MRW

THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT HAS CREATED A TWO-TRACK EDUCATIONAL SYSTEM THAT EXCLUDES MANY STUDENTS WITH DISABILITIES FROM MATRICULATING INTO A FOUR YEAR COLLEGE PROGRAM

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/10/19/the-santa-monica-malibu-unified-school-district-has-created-a-two-track-educational-system-that-excludes-many-students-with-disabilities-from-completing-courses-offering-a-to-g-grading-thus-precludin/

See Complaint here: document-142

See Plaintiffs’ Motion To Compel Further Responses here: document-143

“Plaintiffs ask this court to issue an order (3) compelling (a) Dr. Woolverton to respond to questions raised about documents produced by the Defendant which she previously refused to (upon the advice of counsel) to answer of the grounds that such questions sought information protected by attorney-client privilege; and (b) Ms. Keleher to respond to similar questions which she also refused to answer upon the advice of counsel.

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 all of this continuing harm.

For details, go to:

ITS TIME TO FIRE SUPERINTENDENT SANDRA LYON

https://lawofficesofbarryfagan.wordpress.com/2015/07/04/it-is-time-to-fire-the-santa-monica-malibu-unified-school-districts-superintendent-sandra-lyon/

Email the Santa Monica Unified School District’s Board of Education: brd@smmusd.org

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