THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT’S SUPERINTENDENT SANDRA LYON FAILED TO INFORM STUDENTS AND TEACHERS THAT THEY WERE OCCUPYING PCB INFESTED CLASSROOMS

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

Malibu High School Teacher’s Plea to the SMMUSD’s Board of Education for PCB-free Classrooms

See Video of Malibu High School Teacher’s Plea to the SMMUSD’s Board of Education:

See YouTube Video here:

https://youtu.be/UYn6RZA0l9k

Declaration of renowned PCB Expert Dr. David Carpenter confirming that PCBs at Malibu High School greatly exceed legal limits under the TSCA, and inhalation of PCB vapors constitutes a continuous hazard to teachers and students:

See pdf copy of Dr. David Carpenter’s Declaration:

DECLARATION OF RENOWNED PCB EXPERT DR. DAVID CARPENTER

The attached Declarations from two Malibu High School teachers includes evidence from 33 other Malibu High School teachers that the Santa Monica Malibu Unified School District (SMMUSD) is not complying with their Best Management Practices (BMPs) and is in violation of the EPA Region 9’s guidelines.

See pdf copies of the Declarations from two Malibu High School Teachers:

DECLARATION OF MALIBU HIGH SCHOOL TEACHER NUMBER ONE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER NUMBER TWO

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:
MALIBU PARENTS DEMAND TOWNHALL MEETING WITH SANDRA LYON AND THE SMMUSD BOARD OF EDUCATION

Parents Request Portable Units and Full PCB Remediation

See pdf copy here:

Letter to Lyon Townhall 12-2015

DECEMBER 2015 UPDATE ON CURRENT HEALTH ISSUES WITH STUDENTS AND TEACHERS AT MALIBU SCHOOLS

  • 6 teachers with thyroid cancer;
  • 4 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);
  • 10 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.

 

OTHER SUPERINTENDENT SANDRA LYON ERRORS IN JUDGMENT

SMMUSD Timeline:

See letter to Sandra Lyon and the SMMUSD’s Board of Education dated Oct. 7, 2013 from AMPS, Malibu High PTSA, The Shark Fund, The Boys & Girls Club of Malibu, members of the Malibu High School Site Council, & Malibu Special Education Demanding that the SMMUSD take Steps to Keep Our Children and Teachers Safe:

525375b700692.pdf

In January 2014, SMMUSD staff raised concerns about PCB exposure in Malibu High School and Middle School (MHS) and Juan Cabrillo Elementary School (JCS) after three teachers reported thyroid cancer diagnoses.

See letter to Sandra Lyon from 12 teachers at Malibu High School:

http://www.peer.org/assets/docs/ca/1_13_14_teacher_letter.pdf

1_13_14_teacher_letter-2

The SMMUSD is misleading the public with false statements to try and justify their choice to keep exposing Malibu children to cancerous, toxic PCBs. 

On Tuesday, December 16th, 2014, the SMMUSD ordered a “special” cleaning of the classrooms prior to Environ testing the dust and air. They asked teachers to remove all items from all surfaces so they can send a “special” crew to remove dust from surfaces; the same surfaces that Environ will be wipe testing hours later.

This renders PCB results meaningless. The goal of wipe and air testing is to see what the students and staff have been exposed to for the past 4 months. However, if they clean it hours before testing then any evidence of PCB exposure is removed.  Click Here to see email

Special-Cleaning-12-16-2014

This was done to guarantee the results are below EPA guidelines. Sadly, these test results will be nothing more than a PR move by the district to reassure parents and waste taxpayer dollars.

Moreover, EPA guidance may have been compromised by the following actions.

The SMMUSD’s Superintendent Sandra Lyon sought the assistance of the California Association of School Administrators to lobby the EPA to not enforce PCB source testing and remediation in Malibu schools.

Thereafter, on August 1, 2014 Laura Preston, legislative advocate for the California Association of School Administrators, sent an email to Jared Blumenfeld, EPA Region 9 Administrator, in which she revealed that her organization had been working with Superintendent Sandra Lyon for several months on the PCB issue in Malibu schools. She expressed that her office had also met with the offices of all of our state and federal elected officials, including the California Governor’s office about this issue.

This email suggested that Blumenfeld’s actions could give the appearance of “preferential treatment “ to Malibu. Preston said that: “…any preferential treatment to the community of Malibu will give the appearance that an affluent largely white community will receive preferential treatment. This can easily become a civil rights issue for all of us.” (see email below)

https://lawofficesofbarryfagan.files.wordpress.com/2015/03/california-association-of-school-administrators-email-to-epa.pdf\

The SMMUSD has spent approx. $6.5 million dollars on lawyers and environmental expenditures rather than $100 per caulk test. Superintendent Sandra Lyon told the board at the December 11, 2014 board meeting that the District has approval to spend $600+ per hour and the use of Pillsbury Law Firm as legal counsel, and now the SMMUSD Board has given her carte blanche permission to spend unlimited amounts of money to protect their decisions.See list of SMMUSD expenditures to date: $5,489,836.05 and rising!
11200986_700561446719884_1823505260638714771_o

July 15, 2015
Aug 12, 2015

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

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 America Unites For Kids regarding the October 2015 PCB Test Results 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:

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

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.

District Attorney Will not Pursue Charges for Alleged MHS Vandalism

Allegations are dead in the water for school district.

For details, go to:

http://www.malibutimes.com/news/article_b0f6aaea-9325-11e5-8f3e-ef8159f51eb2.html

Just what is the Santa Monica Malibu Unified School District spending so much money to hide from the public?

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.”

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.

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

A. “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

B. 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/

IMAG0391

Student vs. Santa Monica Malibu Unified School District; Sebastian Dane Sartorius; Jordan Clarke 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.

C. Santa Monica-Malibu Unified School District’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers.

For details, go to:

ITS TIME TO FIRE SUPERINTENDENT SANDRA LYON

See link to Change.org Petition:

https://www.change.org/p/the-santa-monica-malibu-unified-school-district-s-board-of-education-it-s-time-to-fire-santa-monica-malibu-unified-school-district-s-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/

See pdf copy:

IT’S TIME TO FIRE SMMUSD’S SUPERINTENDENT SANDRA LYON

Email the Santa Monica Unified School District’s Board of Education:

brd@smmusd.org

Oscar de la Torre
odelatorre@smmusd.org
Dr. Jose Escarce
jescarce@smmusd.org
Craig Foster
cfoster@smmusd.org
Maria Leon-Vazquez
mlvazquez@smmusd.org
Laurie Lieberman
President
llieberman@smmusd.org
Ralph Mechur
Vice President
rmechur@smmusd.org
Dr. Richard
Tahvildaran-Jesswein
rtahvildaranjesswein@smmusd.org
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