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:
See Expert Opinion and Peer-Reviewed Study of Dr. David Carpenter concerning PCBs at Malibu High School:
David O. Carpenter
Exposure to and health effects of volatile PCBs
What Are Adverse Health Effects of PCB Exposure?
See link :
The EPA links PCBs to an array of serious illnesses
Inhalation of PCBs reduce IQ, and cause learning disabilities:
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.
Several Malibu High School Teachers Plead with the SMMUSD’s Board of Education for PCB-free Classrooms
See video of several Malibu High School Teachers’ Plea to the SMMUSD’s Board of Education:
See YouTube Video here:
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.
Exhibit B to Katy Lapajne’s declaration includes evidence that thirty three (33) Malibu High school teachers have written a letter dated January 15, 2016 to the Santa Monica Malibu Unified School District declaring that the School District’s facilities manager admitted on January 8, 2016 that the SMMUSD’s Best Managements Practices (BMPs) for reducing concentrations of toxic PCBs and, therefore, potential exposure to PCBs has not been taking place at all. (See page 2 paragraph 17 of Teacher Katy Lapajne’s Declaration)
See pdf copies of the Declarations from two Malibu High School Teachers:
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)
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:
Expert to Community: ‘There Are No Safe Levels of PCB’
Parents battle district over toxic PCBs in Malibu public schools
For details, go to:
Malibu Schools Drain $8 Million From SMMUSD In Legal Fees
For details, go to:
UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division – Los Angeles)
|America Unites for Kids et al v. Sandra Lyon et al
Assigned to: Judge Percy Anderson
Referred to: Magistrate Judge Andrew J. Wistrich
Cause: 28:2201 Declaratory Judgment
|Date Filed: 03/23/2015
Jury Demand: None
Nature of Suit: 893 Environmental Matters
Jurisdiction: Federal Question
AMERICA UNITES FOR KIDS, and PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY,
SANDRA LYON, IN HER OFFICIAL CAPACITY AS SUPERINTENDENT OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT, JAN MAEZ, IN HER OFFICIAL CAPACITY AS ASSOCIATE SUPERINTENDENT AND CHIEF FINANCIAL OFFICER OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT, AND LAURIE LIEBERMAN, DR. JOSE ESCARCE, CRAIG FOSTER, MARIA LEON-VAZQUEZ, RICHARD TAHVILDARAN-JESSWEIN, OSCAR DE LA TORRE, AND RALPH MECHUR, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION,
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE TOXIC SUBSTANCES CONTROL ACT
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.
The SMMUSD is now threatening to cut Art and other programs but is willing to spend $775,000 on attorneys (Pillsbury), and $3,225,000 on Consultants (Environ) who have been tasked with creating legal obstacles NOT to identify the sources of PCBs. See list of just some the SMMUSD’s expenditures to date: $8,000,000 and rising!
There are many other troubling issues with the Santa Monica Malibu Unified School District.
1. Student v Wendy Wax Gellis & Santa Monica Malibu Unified School District:
See link to 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 and Family Services:
The family alleges that an example of retaliatory action taken by Wendy Wax Gellis and the SMMUSD 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:
2. Student v SMMUSD:
9th Circuit Court of Appeals Case No. 13-55665 &District Court No. 2:12-cv-03059-SVWPJW
The Santa Monica Malibu Unified School District Did Not Act “Reasonably” When It Chose To Conduct An IEP Meeting Without the Parents’ Presence
For details of this other SMMUSD litigation, go to:
Before: FISHER, BEA and FRIEDLAND, Circuit Judges.
Appellant’s joint motion to continue deadline for motion requesting attorney’s fees, filed June 25, 2015, is granted. The request for attorney’s fees shall be filed on or before July 29, 2015. See June 29, 2015 Court Order: document-87
*Legal Fees in the amount of $215,000 were approved by the SMMUSD’s Board of Education on June 29, 2015.
See June 29, 2015 Board of Education Minutes: Re: Attorney’s Fee Settlement in the amount of $215,000
The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Hundreds of Thousands of Dollars and Causing Unnecessary Harm to These Special Education Families
See Related case:
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:
3. Other Superintendent Sandra Lyon’s Errors in Judgment:
“SANTA MONICA TEACHER WAS RIGHT, SUPERINTENDENT WAS VERY, VERY WRONG”
4. Severe Bullying at Malibu High School and Superintendent Sandra Lyon’s Ratification of the Conduct:
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.
5. 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.
Sandra Lyon’s 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:
6. The City of Malibu Unanimously Passes a Resolution to Form an Independent Malibu Unified School District
See link to Resolution here: CC150916_Item-1
7. STUDENT vs. MARK KELLY & THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT
Re: Disability Discrimination
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
8. Other Santa Monica Malibu Unified School District Board of Education’s Errors in Judgment:
Superintendent Sandra Lyon Receives a Three Year Contract Extension:
Despite all of the above facts, on July 15, 2015 the Santa Monica Malibu Unified School District’s Board of Education has awarded Superintendent Sandra Lyon with a new three year Contract.
It’s time to fire Superintendent Sandra Lyon
See pdf copy:
See link to Change.org Petition:
Email the Santa Monica Unified School District’s Board of Education:
|Oscar de la Torre
|Dr. Jose Escarce