MALIBU HIGH SCHOOL HAS PROBLEMS WITH CANCER, PCBs, RATS, RODENTCIDES, DRUGS, ALCOHOL, SEVERE BULLYING AND NOW A STUDENT’S GUN FOUND ON CAMPUS

The attached Declarations from Malibu High School teachers Katy Lapajne and Lisa Lambert 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 KATY LAPAJNE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER LISA LAMBERT

See video of several Malibu High School Teachers’ pleading with the SMMUSD’s Board of Education for PCB-free Classrooms:

See YouTube Video here:

https://youtu.be/UYn6RZA0l9k

See YouTube Video here:

The attached declaration from Malibu High School Parent Matt DeNicola declares that former SMMUSD Board of Education member Ben Allen, now California State Senator Ben Allen admitted in September 2014 that the SMMUSD Board of Education chose not to test for PCBs, because they knew that they would find illegal levels of toxic PCBs and be forced to remove them under the TSCA. (See Matt DeNicola Declaration, pg. 1, paragraph 2)

DECLARATION OF MATT DENICOLA RE CALIFORNIA STATE SENATOR BEN ALLEN

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

The Santa Monica Malibu Unified School District’s Board of Education Defendants’ Craig Foster and Oscar de la Torre will testify against their other Santa Monica Malibu Unified School District Board of Education members, and admit that they knew that if they tested the caulk they would find PCBs in excess of 50 PPM and have to remove them!

See witness list numbers 15 (Oscar de la Torre) and 16 (Craig Foster) as located on page 5 and 6 of the attached Plaintiff’s witness list.

See attached Witness List:

AMERICA UNITES FOR KIDS WITNESS LIST WITH BOARD MEMBERS,TEACHERS AND CUSTODIAN WITNESS’

See link to JDSUPRA News:

http://www.jdsupra.com/legalnews/defendants-craig-foster-and-oscar-de-la-33904/

Teachers and Custodians will also testify against their own Santa Monica Unified School District and exclaim that the District failed to comply with their own Best Management Practices (BMPs).

Declaration of Jaun Cabrillo Elementary Teacher Robin Levy with allegations that she felt intimidated by Pillsbury, Winthrop, Shaw and Pittman Law Firm’s Attorney Julia Stein.

See Robin Levy’s declaration signed under penalty of perjury:

DECLARATION OF JAUN CABRILLO TEACHER ROBIN LEVY

Robin Levy has declared under penalty of perjury that she believed she was being coerced to change her testimony to implicate Malibu Parent Matt DeNicola with allegations of trespassing and vandalism to Jaun Cabrillo Elementary School.

Two elected members of the SMMUSD have condemned the criminal complaint, as have several staff members, including the school librarian who decried the “administration’s hounding of staff members for statements and the threat of prosecution.” (See attached emails from Board members Craig Foster and Oscar de la Torre) (See attached email from School Librarian Suzanne Moscoso)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

See School Librarian’s email here:

11_4_15_Librarian response

See Malibu Times and Malibu SurfSide News Articles dated December 13 & 16, 2015 concerning a student’s gun found on Malibu High’s campus:

http://www.malibusurfsidenews.com/breaking/gun-found-mhs-parking-lot-student-suspended

http://www.malibutimes.com/news/article_d03f7754-a44d-11e5-9656-37961ab76636.html

On December 9, 2015 Malibu High School’s Principal Brandon Gallagher sent out the following email:

From: “Malibu High School” <malibu-bc@smmusd.org>
Date: December 9, 2015 at 3:31:16 PM PST
Subject: Important Announcement
Reply-To: malibu-bc@smmusd.org

December 9, 2015

Dear Malibu High School Community,

At Malibu High School, we take our responsibility for student, staff, and community safety very seriously and are reaching out to our community. Before you receive news from individuals who were not directly involved with a situation at Malibu High School today, I would like to inform our community of proceedings on campus. There was a report of a concern regarding a student at Malibu High School who may have had a firearm in a vehicle used to drive to school. School officials followed up on this information and did discover a firearm in a student vehicle parked at Malibu High School. Law enforcement was immediately notified of the situation. Officers from the Lost Hills Sherriff’s office responded and removed the student from the campus.

The information provided to the school did not involve any threat to students, faculty, or anyone else from the school or community. The situation was handled from start to finish without incident and without disruption to the students or school program. All persons on campus were able to proceed safely through the day.

We realize the sensitivity to violence and weapon use given recent events and assure all families that Malibu High School is and will continue to be a safe place for students, staff, and our community. We take all information of this type very seriously and are grateful to our community and students for helping to inform school officials of possible dangers to our campus. Discipline in these matters is handled in accordance with California Education Code and applicable State and Federal laws. As a reminder to community members, having a firearm on campus is an offense that leads to a recommendation for expulsion.

As a parent of two MHS students myself, I will be talking to my own children tonight about safety and security as a family. I encourage all of our community members to please talk to your children as well. Remind your children to report anything they hear or see that might be suspicious or dangerous by telling an adult, school official, reporting to local law enforcement, or even to the We Tip Hotline at 1-800-78-CRIME.

While news like this is never good to report as the first year principal at Malibu High School, I am pleased by the rapid response and professionalism of our staff and law enforcement in resolving this serious situation without incident.

Brandon Gallagher, Ed.D.

Principal, Malibu High School

See email in pdf:

MALIBU HIGH SCHOOL EMAIL CONCERNING STUDENT’S GUN ON CAMPUS

As a result, the SMMUSD’s Board of Education approved a Stipulated Expulsion for this Malibu High School student (09171998) (594507).

TO: BOARD OF EDUCATION                                         ACTION/CONSENT

                                                                                                         02/04/16

FROM: SANDRA LYON / MARK KELLY / TARA BROWN

RE: STIPULATED EXPULSION OF STUDENT (09171998) (594507)

RECOMMENDATION NO. A.17

It is recommended that the Board of Education approve the stipulated expulsion and consider suspending enforcement, per the stipulated agreement, for student (09171998) (594507). The student shall be referred to an educational program operated by the Los Angeles County Office of Education unless the Parent and the District mutually agree to an alternative educational placement.

COMMENT: The Superintendent of the Santa Monica-Malibu Unified School District has recommended the stipulated expulsion based on the student’s violation of Education Code Section 48900(b), 48900(c), 48900(h), 48900(k), and 48915(c)(1).

48900(b) Possessed, sold or otherwise furnished any firearm, knife, explosive or other dangerous object.

See page 28 of the SMMUSD’s Board of Education Minutes dated February 4, 2016:

MALIBU HIGH SCHOOL RE STIPULATED EXPULSION FOR STUDENT WITH GUN ON CAMPUS

See link to the SMMUSD’s Board of Education Minutes dated February 4, 2016:

http://www.smmusd.org/brd1516/min020416.pdf

See pdf copy of the SMMUSD’s Board of Education Minutes dated February 4, 2016:

min020416

Expert to Community: ‘There Are No Safe Levels of PCB

Dr. David Carpenter told a group of parents, teachers and community members at a town forum the toxic chemical is unsafe at any level.
For details, go to:

http://patch.com/california/malibu/expert-community-there-are-no-safe-level-pcb-0?utm_source=newsletter-daily&utm_medium=email&utm_term=schools&utm_campaign=newsletter&utm_content=article-topstories

Malibu Schools Drain $8 Million From SMMUSD In Legal Fees

For details, go to:

http://www.smmirror.com/articles/News/Malibu-Schools-Drain-8-Million-From-SMMUSD-In-Legal-Fees/45152

The Santa Monica Malibu Unified School District is Attempting to Shake Down Malibu Parents & Teachers with $160,000 in Sanctions for Only $1,798 in Repair Costs

http://www.jdsupra.com/legalnews/the-santa-monica-malibu-unified-school-d-68898/

See pdf copy:

SMMUSD ALLEGED EXPENDITURES FOR MALIBU HIGH SCHOOL REPAIRS

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

1. STUDENT vs. WENDY WAX GELLIS & THE 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/

2Severe Bullying at Malibu High School and Superintendent Sandra Lyon’s Ratification of the Conduct:

Student

vs.

Sebastian Dane Sartorius;

Jordan Clarke;

Douglas & Marcia Clarke;

Brook & Tina Sartorius et al.

See News Article here:

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

See Details of Lawsuit here:

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

IMAG0391

 Parents of Bullies Can be Sued:

DefendantsDouglas & Marcia Clarkes Motion for Summary Judgment is Denied:

See Court Order here:

ec99627b-c34b-44fd-93ac-146db262a615-1

DISCOVERY REQUESTS

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.

3. 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

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.

All of which has caused America Unites for Kids and PEER to file a citizen’s lawsuit against the SMMUSD.

AMERICA UNITES FOR KIDS & PEER vs. SMMUSD

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA

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

See link to America Unites for Kids and PEER’s First Amended Complaint against the SMMUSD:

document-52

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

The person or persons responsible for the alleged violations are Sandra Lyon and Jan Maez, officials of the Santa Monica Malibu Unified School District; Oscar de la Torre, Joe Escarce, Maria Leon-Vazquez, Laurie Liebermann, Ralph Mechur, Nimish Patel, Craig Foster, and Richard Tavildaran-Jesswein, current members of the SMMUSD Board of Education.

4. 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. The Fumitoxin Tablet warning label says that re-occupancy cannot occur for a minimum of 72 hours, but based on the weather in Malibu, more likely 5 days. Sandra Lyon told parents that in 48 hours kids could return to the fields.

See America Unites For Kids Freedom of Information Act request dated Aug 22, 2015: Freedom Of Info Act Dec 22-1

See 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

America Unites for Kids link to Change.org’s Petition:

Petitioning SMMUSD Board of Education and Superintendent Sandra Lyon

Stop Poisoning our Children and our Environment

https://www.change.org/p/smmusd-board-of-education-and-superintendent-sandra-lyon-stop-poisoning-our-children-and-our-environment?recruiter=92014425&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_facebook_responsive&utm_term=des-md-no_src-custom_msg&fb_ref=Default

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

See link to Resolution here: CC150916_Item-1

6. 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/

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

Over $8,000,000 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

8. DISTRICT ERROR CAUSES TEACHER WITH THYROID CANCER TO REMAIN IN TOXIC CLASSROOM

Defendant’s Calamity of Errors Validates Plaintiff’s PCB Lawsuit

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/09/25/the-santa-monica-malibu-unified-school-districts-error-causes-teacher-with-thyroid-cancer-to-remain-in-toxic-classroom/

See map:

incorrect-PE-rooms-remediated

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. WHISTLEBLOWER PARENT DISCLOSES DRUG AND ALCOHOL PROBLEMS ON MALIBU HIGH SCHOOL’S BASEBALL TEAM

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/05/05/whistleblower-parent-discloses-drug-and-alcohol-problem-on-malibu-high-school-baseball-team/

10. STUDENT vs. MARK KELLY; BRANDON GALLAGHER; TARA BROWN; DINA MENDOZA; AL TRUNDLE & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Re: Disability Discrimination

The 9th Circuit recently stated in A.G. v. Paradise Valley Unified School District:
“To determine whether a defendant’s conduct was outrageous and a plaintiff’s emotional distress severe, courts have traditionally considered “defendant’s knowledge that the plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental condition.” Lucchesi v. Frederic N. Stimmell, M.D., Ltd., 716 P.2d 1013, 1016 (Ariz. 1986) (in banc).
This focus on the plaintiff’s susceptibility to emotional distress is also referred to as the “eggshell plaintiff” rule. See Yanes v. Maricopa County, No. CV-11-0274, 2012 WL5989327, at *5 n.9 (Ariz. Ct. App. Nov. 8, 2012)

Plaintiffs allege that Mark Kelly’s conduct in baiting student was so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency,” Mintz, 905 P.2d at 563. Mark Kelly’s knowledge that the plaintiff is peculiarly susceptible to emotional distress by reason of some physical or mental condition rises to both extreme and outrageous conduct.”  (“eggshell plaintiff” principle)

Some students may have vulnerabilities which necessitate a greater degree of caution on the part of school districts and their employees. In M.W. v. Panama Buena Vista Union School Dist., supra,

Abuse of Power

The extreme and outrageous conduct may take place in the course of a relationship in which the defendant holds authority or other power over the plaintiff or the plaintiff’s interests. If the authority — such as police officers, school authorities, landlords, and collecting creditor — abuse their positions in some extreme manner, they may be liable to the plaintiff for IIED.
PRA requests for employee disciplinary records, investigative reports and/or complaints against public employees
Generally, complaints and/or charges of misconduct against a public employee can/must be disclosed if “the complaint is of a substantial nature and there is reasonable cause to believe the complaint or charge of misconduct is well-founded.” (See Bakersfield City School Dist. v. Superior Court (2004) 118 Cal. App. 4th 1041, 1044; see also BRV, Inc. v. Superior Court (2006) 143 Cal. App. 4th 742.)
See pdf attachment explaining School District’s Public Records Act obligations:

11. PROFESSOR MICHAEL CHWE vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

Verified Petition for Writ of Mandate Directed to Santa Monica Malibu Unified School District Ordering Compliance with the California Public Records Act

http://www.jdsupra.com/legalnews/verified-petition-for-writ-of-mandate-di-72936/

See pdf attachment of Professor Michael Chwe’s Public Records Act lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs. SMMUSD RE WRIT OF MANDATE COMPLAINT

dwt20110223

The Santa Monica Malibu Unified School District Was Ordered to Release their Investigation Report Concerning the Sexual Harrasment of its Students by their Teachers

http://www.jdsupra.com/legalnews/the-santa-monica-malibu-unified-school-d-42102

See pdf attachment to the Court of Appeals of the State of California, Second Appellate District’s landmark ruling in Professor Chwe’s lawsuit against the Santa Monica Malibu Unified School District:

MICHAEL CHWE vs SMMUSD RE APPEALS COURT PUBLISHED OPINION

B231787-1

The Court of Appeal of the State of California, Second Appellate District, ruled  that “Marken occupies a position of trust and responsibility as a classroom teacher, and the public has a legitimate interest in knowing whether and how the District enforces its sexual harassment policy. . . . the public’s interest in disclosure of this information—the public’s right to know—outweighs Marken’s privacy interest in shielding the information from disclosure.”

In Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.) the defense representing the Burbank Unified School District asserted attorney-client privilege and the work-product doctrine as grounds for refusing to turn over the file from a investigation report.
The Second District Court of Appeal ordered production of the Sandhu investigative file, holding that disclosure was essential for fair adjudication of the action. (Baez v. Superior Court, 2008 WL 5394067 (Cal. Ct. App.).)
Case Number B208294Description:Petition granted by opinion
Baez wins over $3.2 million in attorneys fees, and $2 million in punitive damages against the Burbank Unified School District:
See pdf copy of the Appellate Court’s January 2016 Opinion:

 

12. See link to many other troubling issues with the Santa Monica Malibu Unified School District:

SMMUSD  IRRESPONSIBILITY  ENDANGERS  OUR  CHILDREN

The Santa Monica Malibu Unified School District demonstrates a consistent pattern of evading responsibility for child safety. The SMMUSD has refused to answer questions about teachers who have sexually abused and sexually harassed children, failed to inform parents when their children have been victims of potentially criminal harassment, destroyed evidence concerning harassment of children, asked parents to destroy emails and not talk to each other about teacher sexual harassment of children, removed evidence of child abuse from its own records, impugned the testimony of its own employees who report child abuse, ordered teacher’s aides to not talk to parents, tried to intimidate students and parents, tried to mislead parents about their legal rights, publicly misrepresented its own legal obligations, and violated California state law.

See link to Professor Michael Chwe’s Blog Concerning the Santa Monica Malibu Unified School District:

http://chwe.net/safety/failures.html

https://lawofficesofbarryfagan.wordpress.com/2014/08/24/smmusd-irresponsibility-endangers-our-children/

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.

For details, go to:

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