Think Tank Attacks SMMUSD Salaries: Transparent California Released Data Showing That SMMUSD Employees Are Overpaid By As Much As 40% As Compared To Other California Teachers

For the 2016 – 2017 school year, SMMUSD has total revenue of $100,088,426 with expenditures of $112,437,985 leaving the district with a $12.3 million deficit.

According to the presentation, 86% of the budget goes to SMMUSD employees costs including salaries and benefits. Between 2015/16 and 2016/17, SMMUSD provided a combined salary schedule increase in excess of 8%. Health and welfare costs have increased between 5% and 6% each year. Lastly pension costs continue to increase and will exceed 19% and 24% by 2020.

Now because we have the inefficient administrative performance, we have to cut, cut and cut.” said Santa Monica Resident Berenice Onofre.

See Link to News Article:

http://smdp.com/school-board-update-on-latest-budget-plan/160331

Transparent California released data which shows that employees of the Santa Monica-Malibu Unified School District are overpaid by as much as 40 percent.

See pdf copy of all SMMUSD salaries:

santa-monica-malibu-unified-201

Transparent California is a tax-exempt Nevada Policy Research Institute (NPRI), which describes itself as “a free-market think tank that seeks private solutions to public challenges.”

It was also noted that many of the SMMUSD teachers’ salaries for 2015 “far exceed” Santa Monica’s median household income of $74,534. The median household income data is the most recent reported by the U.S. Census for 2014.

The database provided in the press release listed former SMMUSD Superintendent Sandra Lyons’ total pay and benefits as $284,028.

In addition, Transparent California calls out the superintendent of the Ontario-Montclair School District with total pay and benefits of $516,573 in a community where the median household income is only $54,156, far exceeding SMMUSD’s highest paid employee known to date, Sandra Lyons, who recently left SMMUSD to work for the Palm Springs School District. Lyons was replaced by Dr. Ben Drati.

Looking at the data provided by Transparent California, the highest paid teacher in the SMMUSD had total pay of $124,584 in 2015.

Janece L Maez Asst supt/fiscal & bus
Santa Monica-Malibu Unified, 2015
$172,603.00 $201,146.00
Wang Pin-Ju Ho Director,fiscal/business
Santa Monica-Malibu Unified, 2015
$154,812.00 $186,552.00
Terry Deloria Asst supt ed services
Santa Monica-Malibu Unified, 2015
$154,746.00 $185,985.00
Mark Kelly Asst supt human resources
Santa Monica-Malibu Unified, 2015
$154,255.00 $175,875.00
Eva Mayoral High school principal
Santa Monica-Malibu Unified, 2015
$140,313.00 $160,879.00
Tara Brown Director,student services
Santa Monica-Malibu Unified, 2015
$127,042.00 $155,987.00
John Francisco Castillo Network engineer
Santa Monica-Malibu Unified, 2015
$95,301.00 $155,170.00
David Albert Marmolejo Network engineer
Santa Monica-Malibu Unified, 2015
$102,008.00 $154,596.00
Steven Richardson Middle schl principal
Santa Monica-Malibu Unified, 2015
$125,843.00 $154,270.00
Stefanie B. Suffolk Middle school asst. prin
Santa Monica-Malibu Unified, 2015
$117,993.00 $153,063.00
Suzanne Marie Webb Director-human resources
Santa Monica-Malibu Unified, 2015
$132,517.00 $152,854.00
Tristan Komlos House principal
Santa Monica-Malibu Unified, 2015
$122,250.00 $150,919.00
Florence Culpepper Middle schl principal
Santa Monica-Malibu Unified, 2015
$121,301.00 $149,192.00
Lori Sue Orum Elementary sch principal
Santa Monica-Malibu Unified, 2015
$120,334.00 $148,729.00
Natalie Burton Elementary sch principal
Santa Monica-Malibu Unified, 2015
$120,334.00 $148,229.00
Ruth C Mangle Director information serv
Santa Monica-Malibu Unified, 2015
$119,460.00 $148,166.00
Ellen Edeburn Director,curr/instruction
Santa Monica-Malibu Unified, 2015
$122,871.00 $147,234.00
Deanna Sinfield Elementary sch principal
Santa Monica-Malibu Unified, 2015
$117,504.00 $146,246.00
Philip Wenker High school asst prin
Santa Monica-Malibu Unified, 2015
$117,721.00 $146,006.00
Virginia Hyatt Director purchasing/whse
Santa Monica-Malibu Unified, 2015
$117,275.00 $145,136.00
Francis John Costanzo Coordinator,special ed
Santa Monica-Malibu Unified, 2015
$117,565.00 $145,071.00
Susan Patricia Samarge Elementary sch principal
Santa Monica-Malibu Unified, 2015
$116,316.00 $144,936.00
Letitia Murphy Classroom teacher
Santa Monica-Malibu Unified, 2015
$123,437.00 $142,974.00
Ngoc Hanh Chung Director, cds
Santa Monica-Malibu Unified, 2015
$118,920.00 $142,901.00
Irene D. Gonzalez-Castillo Director,curr/instruction
Santa Monica-Malibu Unified, 2015
$129,722.00 $142,741.00
Pamela Herkner-Chasse Elementary sch principal
Santa Monica-Malibu Unified, 2015
$117,327.00 $141,699.00
Kristopher Vegas Coordinator,special ed
Santa Monica-Malibu Unified, 2015
$117,800.00 $141,036.00
Jaime Jimenez Classroom teacher
Santa Monica-Malibu Unified, 2015
$114,327.00 $139,403.00
Juliette Boewe School psychologist
Santa Monica-Malibu Unified, 2015
$112,130.00 $139,168.00
Gina Kittel Classroom teacher
Santa Monica-Malibu Unified, 2015
$120,120.00 $138,796.00
Elizabeth A Ipina Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,169.00 $137,415.00
Rebecca Ngo Middle school asst. prin
Santa Monica-Malibu Unified, 2015
$106,561.00 $137,075.00
Daniel Gonzalez Escalera Classroom teacher
Santa Monica-Malibu Unified, 2015
$107,890.00 $136,866.00
Carey Wayne Upton Exec dir fac,main,& ops
Santa Monica-Malibu Unified, 2015
$110,813.00 $136,787.00
Mark Demick Elementary sch principal
Santa Monica-Malibu Unified, 2015
$114,752.00 $135,658.00
Aida A. Diaz Coordinator bil/lang min
Santa Monica-Malibu Unified, 2015
$107,826.00 $135,655.00
Thomas Whaley Coordinator-visual&perfrm
Santa Monica-Malibu Unified, 2015
$107,776.00 $135,588.00
Darci Keleher Coordinator,special ed
Santa Monica-Malibu Unified, 2015
$111,876.00 $135,183.00
Bonita Louise Thoreson Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,554.00 $135,162.00
Sharon Klein Hart Classroom teacher
Santa Monica-Malibu Unified, 2015
$105,377.00 $134,623.00
Catherine K Baxter Dean high school
Santa Monica-Malibu Unified, 2015
$115,881.00 $134,588.00
Robert W. Seymour Classroom teacher
Santa Monica-Malibu Unified, 2015
$110,234.00 $133,843.00
Janis Kingsley-Scott School psychologist
Santa Monica-Malibu Unified, 2015
$106,685.00 $133,729.00
Debbie Jo Skaggs Classroom teacher
Santa Monica-Malibu Unified, 2015
$106,276.00 $133,524.00
Victoria Hurst Coordinator,special ed
Santa Monica-Malibu Unified, 2015
$114,725.00 $133,321.00
Laura Simone Student support advisor
Santa Monica-Malibu Unified, 2015
$105,434.00 $133,112.00
Susan Yakich Elementary sch principal
Santa Monica-Malibu Unified, 2015
$116,305.00 $132,453.00
Timothy Segesman Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,876.00 $131,947.00
Anna Deshautelle Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,549.00 $131,945.00
Lisa D. Demirjian Student support advisor
Santa Monica-Malibu Unified, 2015
$105,434.00 $131,765.00
Matthew A. Flanders Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,975.00 $131,303.00
Randall J Denis Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,633.00 $130,971.00
Carolyn Collins Mansour Speech pathologist
Santa Monica-Malibu Unified, 2015
$104,454.00 $130,683.00
Patricia E. Martinez School psychologist
Santa Monica-Malibu Unified, 2015
$112,412.00 $130,477.00
Meredith Abrams School psychologist
Santa Monica-Malibu Unified, 2015
$103,891.00 $130,179.00
Elizabeth Cochran Elementary sch principal
Santa Monica-Malibu Unified, 2015
$111,734.00 $130,063.00
Michael F. Mulligan Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,228.00 $130,022.00
Rose Ann Salumbides Classroom teacher
Santa Monica-Malibu Unified, 2015
$102,751.00 $129,899.00
Joni Swenson Classroom teacher
Santa Monica-Malibu Unified, 2015
$106,927.00 $129,888.00
Harry M. Keiley Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,628.00 $129,828.00
Tracy Anne Levin Classroom teacher
Santa Monica-Malibu Unified, 2015
$99,757.00 $129,722.00
Marc J. Sanschagrin Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,721.00 $129,686.00
Todd Montgomery Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,344.00 $129,501.00
Dana Degregorio Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,315.00 $129,431.00
Cheryl J. Center-Brooks Classroom teacher
Santa Monica-Malibu Unified, 2015
$102,569.00 $129,265.00
Rozita Moazzez Asgharzadeh Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,073.00 $129,080.00
Bertha Roman Director, educ.technology
Santa Monica-Malibu Unified, 2015
$102,246.00 $128,968.00
Cori Lynn Goldberg Classroom teacher
Santa Monica-Malibu Unified, 2015
$106,238.00 $128,956.00
Marisa Romano Perry School psychologist
Santa Monica-Malibu Unified, 2015
$102,596.00 $128,757.00
Paula Lytz Elementary sch principal
Santa Monica-Malibu Unified, 2015
$102,610.00 $128,684.00
Tracy Adams Classroom teacher
Santa Monica-Malibu Unified, 2015
$98,966.00 $128,561.00
Deborah A Saenz Classroom teacher
Santa Monica-Malibu Unified, 2015
$105,760.00 $128,420.00
Susan M. Scheer Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,406.00 $128,144.00
Terry Brian Sakow Classroom teacher
Santa Monica-Malibu Unified, 2015
$101,553.00 $128,108.00
Martha Duran Contreras Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,192.00 $127,867.00
Nancy Marie Levy Classroom teacher
Santa Monica-Malibu Unified, 2015
$101,687.00 $127,756.00
Constanza E. Murcia Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,720.00 $127,702.00
Hector Medrano House principal
Santa Monica-Malibu Unified, 2015
$111,763.00 $127,480.00
Tristen Gartrell Elem asst principal
Santa Monica-Malibu Unified, 2015
$99,839.00 $126,902.00
Monica Simon Cds-coordinator
Santa Monica-Malibu Unified, 2015
$109,563.00 $126,870.00
Elizabeth H. Cowgill Counselor
Santa Monica-Malibu Unified, 2015
$103,359.00 $126,355.00
Luis O. Contreras Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,540.00 $126,326.00
Rachel Bressler Deese School nurse
Santa Monica-Malibu Unified, 2015
$100,366.00 $126,192.00
Miriam Carney Hopkins Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,424.00 $125,901.00
Roe Douglas Johnston Classroom teacher
Santa Monica-Malibu Unified, 2015
$98,643.00 $124,697.00
Jennifer T. Lipson Classroom teacher
Santa Monica-Malibu Unified, 2015
$102,192.00 $124,559.00
Heidi Kleis Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,038.00 $124,227.00
Tania Alice Fischer Classroom teacher
Santa Monica-Malibu Unified, 2015
$101,466.00 $123,911.00
Mark Larsen Classroom teacher
Santa Monica-Malibu Unified, 2015
$101,273.00 $123,841.00
Amy Thiel Stark Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,321.00 $123,683.00
Stuart Alan Sam Director,fac imprvmt proj
Santa Monica-Malibu Unified, 2015
$99,170.00 $123,625.00
Regina Zurbano House principal
Santa Monica-Malibu Unified, 2015
$108,103.00 $123,467.00
Cynthia Mcgregory Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,716.00 $123,370.00
Linda Ann Catanzano Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,571.00 $123,326.00
Christine Marie Hovest Classroom teacher
Santa Monica-Malibu Unified, 2015
$106,293.00 $123,301.00
Carla Bowman-Smith Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,190.00 $123,286.00
Lorissa E. Boxer Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,793.00 $123,021.00
Evan Bartelheim Director eval/assessment
Santa Monica-Malibu Unified, 2015
$112,437.00 $122,949.00
Mary Ann Hirt Classroom teacher
Santa Monica-Malibu Unified, 2015
$99,292.00 $122,948.00
Gretchen Gies Mclaughlin Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,052.00 $122,920.00
Raymond Avedian Classroom teacher
Santa Monica-Malibu Unified, 2015
$89,742.00 $122,919.00
Rowena Corpuz Classroom teacher
Santa Monica-Malibu Unified, 2015
$100,629.00 $122,742.00
Rosa Serratore Coordinator
Santa Monica-Malibu Unified, 2015
$104,982.00 $122,655.00
Elisa Francesca Salvaryn Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,490.00 $122,601.00
Toni Holmstrom Speech pathologist
Santa Monica-Malibu Unified, 2015
$96,915.00 $122,518.00
Steven E. Ravaglioli Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,133.00 $122,207.00
James Douglas Hecht Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,380.00 $122,183.00
Sylvia Jimenez Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,026.00 $122,183.00
Julie A Jones Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,771.00 $122,182.00
Maureen Rosen Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,394.00 $122,176.00
Luke A. Sferra Counselor
Santa Monica-Malibu Unified, 2015
$105,495.00 $122,104.00
Jill Scheding Matthews Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,630.00 $122,075.00
Lora Morn School nurse
Santa Monica-Malibu Unified, 2015
$96,310.00 $122,013.00
Karen Tomita Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,479.00 $121,947.00
Jessica Dawn Rishe Elementary sch principal
Santa Monica-Malibu Unified, 2015
$96,265.00 $121,837.00
Jeri Dipley Classroom teacher
Santa Monica-Malibu Unified, 2015
$104,558.00 $121,714.00
Joseph D. Di Mercurio Librarian
Santa Monica-Malibu Unified, 2015
$95,202.00 $121,647.00
Anthony Fuller Olympic principal
Santa Monica-Malibu Unified, 2015
$95,817.00 $121,643.00
Ashraf Khimani Accountant
Santa Monica-Malibu Unified, 2015
$91,351.00 $121,605.00
Nathaniel Acker Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,443.00 $121,603.00
Meredith Bilson Louria Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,835.00 $121,485.00
Shannon Hale Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,572.00 $121,403.00
Miriam Brock Speech pathologist
Santa Monica-Malibu Unified, 2015
$105,024.00 $121,304.00
Wendy Berman-Baker Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,361.00 $121,216.00
Kennith L. Harris Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,056.00 $121,209.00
Yusuf Allahjah Middle school asst. prin
Santa Monica-Malibu Unified, 2015
$98,907.00 $121,204.00
Sheri Hynding Tosa 11-month
Santa Monica-Malibu Unified, 2015
$94,773.00 $121,145.00
Susan J. Bronstein School nurse
Santa Monica-Malibu Unified, 2015
$98,728.00 $120,952.00
Nancy Grace Skorko Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,604.00 $120,950.00
Adrienne R Mooney Karyadi Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,950.00 $120,923.00
Carl William Hobkirk Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $120,825.00
Christina U. Spanos Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,688.00 $120,805.00
Monica Micale Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,622.00 $120,798.00
Sandra Cano School nurse
Santa Monica-Malibu Unified, 2015
$94,852.00 $120,781.00
Mary Alexandra Kusion Classroom teacher
Santa Monica-Malibu Unified, 2015
$100,673.00 $120,768.00
Anabella Large-Fullerton Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,814.00 $120,764.00
Peter Zrinzo Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $120,554.00
Amy Bisson Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,520.00 $120,515.00
Amanda B. Valenzuela Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,766.00 $120,439.00
Robert Matthew Duron Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,646.00 $120,407.00
Lori Pollack Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,807.00 $120,209.00
Angela Bickmore Whitman Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,730.00 $120,039.00
Laurel Kantola Thorne Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,702.00 $120,028.00
Kurt B. Schwengel Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,804.00 $120,017.00
Jennifer Lynch Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,520.00 $119,900.00
Lauren Berman Classroom teacher
Santa Monica-Malibu Unified, 2015
$103,000.00 $119,884.00
Grant Clark Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,657.00 $119,854.00
Aileen Salmaggi Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,866.00 $119,815.00
Sherry Waldorf School nurse
Santa Monica-Malibu Unified, 2015
$94,521.00 $119,813.00
Margo Dunn Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,256.00 $113,358.00
Pamela Held Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,894.00 $113,332.00
Adam Richard Panish Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,212.00 $113,184.00
Andrea Cecilia Ware Classroom teacher
Santa Monica-Malibu Unified, 2015
$87,830.00 $113,178.00
Rebel Harrison R.o.p. coordinator
Santa Monica-Malibu Unified, 2015
$90,034.00 $113,089.00
Graciela Barba-Castro Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,024.00 $113,053.00
Katherine Lee Pomatti Classroom teacher
Santa Monica-Malibu Unified, 2015
$91,566.00 $112,995.00
Pedro F. Reyes Electrician
Santa Monica-Malibu Unified, 2015
$71,674.00 $112,925.00
Terance Terrell Venable Mgr building/grounds ops
Santa Monica-Malibu Unified, 2015
$85,515.00 $112,897.00
Carl Avitia-Witt Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,578.00 $112,744.00
Deborah Siemer Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,334.00 $112,694.00
Harlan Tarbell Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,406.00 $112,627.00
James Van Cott Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,019.00 $112,578.00
Tina Ustation Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,489.00 $112,482.00
Olga Cueva Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,388.00 $112,434.00
Carol Wrabel Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,015.00 $112,158.00
Steven Paul Rupprecht Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,986.00 $112,146.00
Didier Beauvoir Classroom teacher
Santa Monica-Malibu Unified, 2015
$102,146.00 $112,043.00
Lynda Holeva Elem asst principal
Santa Monica-Malibu Unified, 2015
$97,963.00 $111,835.00
Brandy King Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,798.00 $111,834.00
Shannon Bishop Speech pathologist
Santa Monica-Malibu Unified, 2015
$96,405.00 $111,818.00
Zhanna Shekhtmeyster School psychologist
Santa Monica-Malibu Unified, 2015
$95,843.00 $111,797.00
Amy Beeman-Solano Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,548.00 $111,695.00
Alva X. Scotland Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,415.00 $111,644.00
Bruce J Tellier Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,133.00 $111,517.00
Brigette Leonard Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,573.00 $111,287.00
Loren Drake Classroom teacher
Santa Monica-Malibu Unified, 2015
$97,114.00 $111,253.00
Elizabeth Palumbos Debeech Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,462.00 $111,210.00
Margie Holland-Mathews Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,414.00 $111,157.00
Steven Michael Reifman Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $111,149.00
Theresa T. Luong Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,295.00 $111,067.00
Cynthia Smith Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,696.00 $111,016.00
Kelly Keith Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,475.00 $110,979.00
Ann Rose Whitley Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,792.00 $110,957.00
Sandra Lorraine Brumer Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,287.00 $110,907.00
Mary Laine Yarber Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,043.00 $110,857.00
Kelly Okla Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,506.00 $110,845.00
Michael Ostrom Classroom teacher
Santa Monica-Malibu Unified, 2015
$90,353.00 $110,759.00
Jennifer Goldman Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $110,672.00
Guadalupe Torres Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,621.00 $110,634.00
Sarah L. Braff Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $110,580.00
Jeffery J. Huls Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,932.00 $110,551.00
Christopher Neier Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,098.00 $110,453.00
Judith Hinojosa-Riusech Student support advisor
Santa Monica-Malibu Unified, 2015
$85,387.00 $110,445.00
Amy Cordes Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,546.00 $110,437.00
Beth Sara Hoffman Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,726.00 $110,421.00
Elhamy Aziz Tanios Asst director,fiscal serv
Santa Monica-Malibu Unified, 2015
$84,662.00 $110,415.00
Anette Bolan Administrative assistant
Santa Monica-Malibu Unified, 2015
$71,242.00 $110,349.00
Lisa Wintner Classroom teacher
Santa Monica-Malibu Unified, 2015
$82,950.00 $110,233.00
Yunuen Valencia Student support advisor
Santa Monica-Malibu Unified, 2015
$82,377.00 $110,206.00
Elizabeth D. Martinez Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,162.00 $110,140.00
Lisa Cogan Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,623.00 $110,076.00
Michael P Donovan Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,577.00 $109,628.00
Yanet Dominguez-Morales Technology support assist
Santa Monica-Malibu Unified, 2015
$79,965.00 $109,457.00
Darwin Mendinueto Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,816.00 $109,402.00
Ann Carey Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,843.00 $109,394.00
Jill M Chemel Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,643.00 $109,270.00
Nancy Friedman School psychologist
Santa Monica-Malibu Unified, 2015
$84,300.00 $109,201.00
Lovell Devon Smith Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,084.00 $109,041.00
Rhonda Schneider Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,924.00 $108,917.00
James Chapman Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,032.00 $108,891.00
Lova Lee Ann Hyatt Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,866.00 $108,833.00
Katie Hope Dahm Counselor
Santa Monica-Malibu Unified, 2015
$84,319.00 $108,808.00
Julie Siegel Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,351.00 $108,711.00
Brynn Gormley Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,283.00 $108,708.00
Michele Sinclair Classroom teacher
Santa Monica-Malibu Unified, 2015
$93,325.00 $108,640.00
Dennis Patrick Jr Chavez Construction supervisor
Santa Monica-Malibu Unified, 2015
$80,100.00 $108,507.00
Anne Serapiglia Classroom teacher
Santa Monica-Malibu Unified, 2015
$87,651.00 $108,431.00
Eric Moe Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,246.00 $108,369.00
Rachel Stowell Classroom teacher
Santa Monica-Malibu Unified, 2015
$83,313.00 $108,296.00
Diane Marie Gonsalves Classroom teacher
Santa Monica-Malibu Unified, 2015
$90,855.00 $108,268.00
Vy Andrew Middle school asst. prin
Santa Monica-Malibu Unified, 2015
$83,059.00 $108,013.00
Jennifer Preuss Counselor
Santa Monica-Malibu Unified, 2015
$83,097.00 $107,990.00
Gabriela Gonzalez Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,348.00 $107,929.00
Edward P Curry Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,741.00 $107,881.00
Janine A Galvan Classroom teacher
Santa Monica-Malibu Unified, 2015
$92,741.00 $107,818.00
Charles Kertesz Classroom teacher
Santa Monica-Malibu Unified, 2015
$83,404.00 $107,711.00
Pete Patterson Technology support assist
Santa Monica-Malibu Unified, 2015
$77,831.00 $107,577.00
Nathaniel Garden Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,998.00 $107,298.00
Albert Hodge Trundle Student support advisor
Santa Monica-Malibu Unified, 2015
$92,605.00 $107,197.00
Stephanie Y Dew Classroom teacher
Santa Monica-Malibu Unified, 2015
$91,963.00 $107,159.00
Tara Kathleen Eddy School psychologist
Santa Monica-Malibu Unified, 2015
$85,822.00 $107,115.00
Gregory Pitts Classroom teacher
Santa Monica-Malibu Unified, 2015
$90,163.00 $106,978.00
Sitara Rupali Contreras Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,711.00 $106,954.00
Stanley K Wilson Campus security officer
Santa Monica-Malibu Unified, 2015
$53,907.00 $106,657.00
Kristin Jurewicz Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,380.00 $106,518.00
Anne Murphy Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,886.00 $106,477.00
Laura Check Counselor
Santa Monica-Malibu Unified, 2015
$84,605.00 $106,386.00
Michael Davies Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,602.00 $106,244.00
Maricela Gonzalez Student support advisor
Santa Monica-Malibu Unified, 2015
$85,391.00 $106,157.00
Barbara Bundschu Ransom Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,245.00 $105,942.00
Kim Peter Costalupes Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,977.00 $105,757.00
Ermina Devincentis-Waul Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,299.00 $105,696.00
Liane Sato Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,595.00 $105,523.00
Thor Evensen Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,686.00 $105,459.00
Bonnie J Lockrem Classroom teacher
Santa Monica-Malibu Unified, 2015
$96,133.00 $105,303.00
Amy Maynard Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,226.00 $105,299.00
Christine Ann Cullen Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,108.00 $105,114.00
Allison L Jones Behavioral intervention
Santa Monica-Malibu Unified, 2015
$90,048.00 $105,068.00
Veronica Garcia Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,206.00 $104,994.00
Debra Yvette Decray-Kleiser Classroom teacher
Santa Monica-Malibu Unified, 2015
$95,313.00 $104,987.00
Robert Alvarado Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,423.00 $104,920.00
Martha Cueva Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,289.00 $104,905.00
Katheryne Barraza Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,435.00 $104,903.00
Laura A. Collin Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,328.00 $104,900.00
Judith Alvarez Classroom teacher
Santa Monica-Malibu Unified, 2015
$82,478.00 $104,821.00
Nicole Mulkern Classroom teacher
Santa Monica-Malibu Unified, 2015
$89,029.00 $104,681.00
Glenn J. Sato Classroom teacher
Santa Monica-Malibu Unified, 2015
$83,986.00 $104,652.00
Dana Bart-Bell Librarian
Santa Monica-Malibu Unified, 2015
$77,812.00 $104,647.00
Carol Chang Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,333.00 $104,356.00
Lorie C. Alexander Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,322.00 $104,345.00
Luke Henderson Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,581.00 $104,302.00
Akiko Gooden Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,247.00 $104,270.00
Mayra Herrera Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,186.00 $104,253.00
Irene Ramos Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,952.00 $104,162.00
Christian Carter Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,367.00 $104,031.00
Pamela Dresher Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,858.00 $103,907.00
Lashawn Moore Classroom teacher
Santa Monica-Malibu Unified, 2015
$87,809.00 $103,783.00
Karen Lynn Mendelson Classroom teacher
Santa Monica-Malibu Unified, 2015
$94,531.00 $103,718.00
Susy Blair Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,792.00 $103,705.00
Pamela Sever Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,022.00 $103,638.00
Kazuki Uema Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,263.00 $103,489.00
Joyce Rosenbaum Physical therapist
Santa Monica-Malibu Unified, 2015
$77,861.00 $103,485.00
Sarah Lipetz Classroom teacher
Santa Monica-Malibu Unified, 2015
$83,003.00 $103,454.00
Lillian Chen Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,144.00 $103,383.00
Sara Utzinger Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,973.00 $103,373.00
Rebecca Urias Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,868.00 $103,245.00
Reham Dabash Asst.director-cds
Santa Monica-Malibu Unified, 2015
$87,689.00 $103,192.00
Jaclyn Ann Sloboda Physical therapist
Santa Monica-Malibu Unified, 2015
$84,905.00 $103,151.00
Ayanna Pantallion Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,198.00 $103,128.00
Alicia Gonzalez Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,685.00 $103,103.00
Lourdes Benitez Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,545.00 $102,922.00
Cam-An Vo-Navarro Student support advisor
Santa Monica-Malibu Unified, 2015
$82,159.00 $102,841.00
Katherine Both Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,996.00 $102,835.00
Martha Chacon Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,375.00 $102,778.00
Jeffrey Cohn Classroom teacher
Santa Monica-Malibu Unified, 2015
$88,046.00 $102,700.00
Brisa Melendez Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,208.00 $102,698.00
Brooke Forrer Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,485.00 $102,660.00
Aisha Blanchard-Young Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,143.00 $102,622.00
Gilda De La Cruz Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,594.00 $102,460.00
Lisa Lambert Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,166.00 $102,413.00
Erin Leigh Leister Occupational therapist
Santa Monica-Malibu Unified, 2015
$77,067.00 $102,392.00
Spikes D. Ford Metal worker
Santa Monica-Malibu Unified, 2015
$80,276.00 $102,367.00
Alan Matthew Ceccarelli Tech theater coordinator
Santa Monica-Malibu Unified, 2015
$65,560.00 $102,281.00
Jorge A Cierra Classroom teacher
Santa Monica-Malibu Unified, 2015
$85,753.00 $102,236.00
Kimberly Griffin Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,332.00 $102,171.00
Teri Lynn Hakomori Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,789.00 $102,052.00
Amy Hylind Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,936.00 $101,991.00
Richard Michael Lawson Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,937.00 $101,980.00
Arutyun Gevorkyan Vehicle & equip mechanic
Santa Monica-Malibu Unified, 2015
$75,341.00 $101,843.00
Kate Song Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,879.00 $101,843.00
Karina Tejeda De Leon Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,291.00 $101,633.00
Julie Abbott Clark Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,464.00 $101,525.00
Tisha Reichle Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,085.00 $101,480.00
Amy Turner Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,745.00 $101,421.00
Ashley Benjamin Elem asst principal
Santa Monica-Malibu Unified, 2015
$88,013.00 $101,391.00
Jennifer Rodstrom Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,567.00 $101,234.00
Amy Elizabeth Bouse Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,085.00 $101,230.00
Parisa Jung Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,501.00 $101,165.00
Sarah Elizabeth Ryan Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,333.00 $101,119.00
Peggy O’Meara Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,229.00 $100,980.00
Claudia Bautista-Nicholas Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,609.00 $100,907.00
Ianna Hafft Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,704.00 $100,869.00
Jonathan Douglas Badt Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,295.00 $100,843.00
Valita Ruetschle Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,509.00 $100,745.00
Eric R Hedges Electrician
Santa Monica-Malibu Unified, 2015
$59,701.00 $100,715.00
Danielle Murawski Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,286.00 $100,660.00
Norma Bozin Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,459.00 $100,449.00
Gabriela A. Caamal-Murcia Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,043.00 $100,356.00
Jesica Jean Martino Occupational therapist
Santa Monica-Malibu Unified, 2015
$79,268.00 $100,325.00
Tamara Mackey Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,578.00 $100,293.00
Laurie Gutierrez Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,963.00 $100,265.00
Christine Thomas Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,551.00 $100,221.00
Louis Walker Custodian i – nsi
Santa Monica-Malibu Unified, 2015
$62,421.00 $100,193.00
Niloufar Berukhim Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,248.00 $100,025.00
Shannon Emily Brinkworth School psychologist
Santa Monica-Malibu Unified, 2015
$84,373.00 $100,016.00
Janice Threlkeld Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,452.00 $100,013.00
Trevor Parker Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,171.00 $99,979.00
Melissa Ruth Herman Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,702.00 $99,864.00
Tess Dolloso Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,368.00 $99,713.00
Katja Alexander Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,871.00 $99,696.00
Brian Underwood Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,787.00 $99,576.00
Sasha Piper Speech pathologist
Santa Monica-Malibu Unified, 2015
$76,062.00 $99,531.00
Joelin Ferguson Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,732.00 $99,484.00
Lorena Cueva Martinez Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,689.00 $99,343.00
Janeen Duane Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,475.00 $99,261.00
Joseph Whaley Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,731.00 $99,043.00
Craig Chavez Classroom teacher
Santa Monica-Malibu Unified, 2015
$84,518.00 $98,972.00
Jeanie Mc Namara Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,552.00 $98,944.00
Edward A Jacobs Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,865.00 $98,891.00
Teresita Cruz Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,460.00 $98,881.00
Stacy La Duke Counselor
Santa Monica-Malibu Unified, 2015
$78,258.00 $98,834.00
Nancy A. Bon Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,366.00 $98,729.00
Paula Cooperband Speech pathologist
Santa Monica-Malibu Unified, 2015
$75,066.00 $98,489.00
Rocio Naranjo Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,732.00 $98,219.00
Ronaldo Vieira Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,912.00 $98,204.00
Jeffrey Lawrence Frazier Plant supervisor
Santa Monica-Malibu Unified, 2015
$75,640.00 $98,044.00
Laura Meshel Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,560.00 $97,837.00
Angelique Janean Smith Occupational therapist
Santa Monica-Malibu Unified, 2015
$75,476.00 $97,663.00
Maribel Pulido Student support advisor
Santa Monica-Malibu Unified, 2015
$82,525.00 $97,616.00
Terry N. Kamibayashi Mgr. maint & construction
Santa Monica-Malibu Unified, 2015
$87,467.00 $97,585.00
Jessica Spike Gravelle Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,174.00 $97,508.00
Sofia Cedillo Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,896.00 $97,443.00
Natara Warren Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,618.00 $97,435.00
Stephanie Sherry Neumann Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,068.00 $97,408.00
Alexander Mayle Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,011.00 $97,378.00
Sheryl Murdock Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,436.00 $97,202.00
Kristina London Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,380.00 $97,090.00
Joe Montanez Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,229.00 $97,028.00
Sarah Blitz Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,923.00 $97,014.00
Marissa Jauregui Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,343.00 $96,768.00
Gregory Pelczar Counselor
Santa Monica-Malibu Unified, 2015
$70,319.00 $96,733.00
Lauren Walsh Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,919.00 $96,714.00
Guadalupe Mireles-Toumayan Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,573.00 $96,695.00
Kirsten Bersch Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,445.00 $96,644.00
Kelly-Ann Sara Cook Morris Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,495.00 $96,642.00
Danielle Drosdick Speech pathologist
Santa Monica-Malibu Unified, 2015
$82,544.00 $96,630.00
Andrew J. Meyer Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,223.00 $96,569.00
Mariam Guirguis Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,863.00 $96,446.00
Jordan Ervin Classroom teacher
Santa Monica-Malibu Unified, 2015
$81,904.00 $96,424.00
Erica Suzanne Ross Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,704.00 $96,194.00
Cindy Milwe Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,348.00 $96,004.00
Kristen Mowry Classroom teacher
Santa Monica-Malibu Unified, 2015
$71,871.00 $95,962.00
Benjamin Kay Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,573.00 $95,947.00
Elaine Robinson Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,385.00 $95,765.00
Jesse De La Cerna Bunayog Accountant
Santa Monica-Malibu Unified, 2015
$71,025.00 $95,750.00
Nell Canon Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,643.00 $95,685.00
Rosalynn Moe Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,380.00 $95,603.00
Marc Donovan Glazier
Santa Monica-Malibu Unified, 2015
$75,823.00 $95,406.00
Tiffany Estrada Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,352.00 $95,405.00
Brandon Duane Tietze Director class personnel
Santa Monica-Malibu Unified, 2015
$82,860.00 $95,233.00
Matthew Hart Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,732.00 $95,220.00
Anna Sara Nitti Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,333.00 $95,117.00
Eric Reff Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,367.00 $95,103.00
Jahan Rajabali Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,292.00 $95,102.00
Amy Prevett Classroom teacher
Santa Monica-Malibu Unified, 2015
$71,911.00 $95,029.00
Ladawna Hamilton Classroom teacher
Santa Monica-Malibu Unified, 2015
$70,841.00 $94,961.00
Leyla Celina Platz Human resource spec-conf
Santa Monica-Malibu Unified, 2015
$69,756.00 $94,647.00
Rigoberto Carrillo Hvac mechanic
Santa Monica-Malibu Unified, 2015
$65,420.00 $94,627.00
Eric Carrier Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,490.00 $94,609.00
Christopher James. Cline Maintenance supervisor
Santa Monica-Malibu Unified, 2015
$71,350.00 $94,459.00
Mary Lynne Flowers Classroom teacher
Santa Monica-Malibu Unified, 2015
$86,018.00 $94,452.00
Jayme Wold Florian Classroom teacher
Santa Monica-Malibu Unified, 2015
$71,215.00 $94,364.00
Marisa Silvestri Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,654.00 $94,325.00
Randall J. Gitter Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,332.00 $94,256.00
Ramon Veral Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,581.00 $94,239.00
Jeffery Davis Carpenter
Santa Monica-Malibu Unified, 2015
$68,135.00 $94,098.00
Sarah L Wahrenbrock Assistant to superintendt
Santa Monica-Malibu Unified, 2015
$68,077.00 $94,054.00
Mara Chenik Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,017.00 $93,946.00
Chon Lee Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,643.00 $93,881.00
Erin Hurst Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,663.00 $93,878.00
Jessica Garrido Rosemberg Student support advisor
Santa Monica-Malibu Unified, 2015
$85,387.00 $93,797.00
Julie Tomiko Honda Counselor
Santa Monica-Malibu Unified, 2015
$77,941.00 $93,731.00
Alejandro Villa Skilled maintenance skr
Santa Monica-Malibu Unified, 2015
$65,511.00 $93,675.00
Kathleen L. Gold Technology support assist
Santa Monica-Malibu Unified, 2015
$66,013.00 $93,530.00
Jose Velasquez Custodian i – day shift
Santa Monica-Malibu Unified, 2015
$49,566.00 $93,485.00
Eduardo A Suaste Lead custodian
Santa Monica-Malibu Unified, 2015
$64,413.00 $93,450.00
Connie Mccollum Classroom teacher
Santa Monica-Malibu Unified, 2015
$69,850.00 $93,431.00
Carol L Skowlund Senior admin assistant
Santa Monica-Malibu Unified, 2015
$72,501.00 $93,315.00
Silvia Romero Administrative assistant
Santa Monica-Malibu Unified, 2015
$72,122.00 $93,262.00
Charles Thun Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,459.00 $93,208.00
Ari Jacobs Classroom teacher
Santa Monica-Malibu Unified, 2015
$69,996.00 $93,012.00
Martha Simmons Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,026.00 $92,816.00
Bryn Boyd Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,995.00 $92,790.00
Marae Cruce Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,418.00 $92,757.00
Lindsay E. Light Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,139.00 $92,725.00
Henry Wadsworth Classroom teacher
Santa Monica-Malibu Unified, 2015
$71,247.00 $92,600.00
Rodolfo Gomez Computer operator
Santa Monica-Malibu Unified, 2015
$67,932.00 $92,556.00
Salvador Munoz Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,968.00 $92,527.00
Amy Wechselberger Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,643.00 $92,458.00
Marcia A. Nix Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,941.00 $92,423.00
Henry Gonzalez Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,789.00 $92,296.00
Emilio Jose Martinez Lead veh & equip mechanic
Santa Monica-Malibu Unified, 2015
$64,092.00 $92,243.00
Charlotte M Campbell Classroom teacher
Santa Monica-Malibu Unified, 2015
$69,227.00 $92,202.00
Susan Justin Classroom teacher
Santa Monica-Malibu Unified, 2015
$69,287.00 $92,161.00
Elizabeth Ann Papp Human resource technician
Santa Monica-Malibu Unified, 2015
$68,709.00 $92,151.00
Jennifer Brossoit Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,198.00 $92,150.00
Conrad Cuda Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,493.00 $92,113.00
Shirley Kay Tarpley Classroom teacher
Santa Monica-Malibu Unified, 2015
$68,930.00 $91,766.00
Maribeth Majewski Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,265.00 $91,668.00
Laura Calek Classroom teacher
Santa Monica-Malibu Unified, 2015
$70,531.00 $91,665.00
Amanda Levy Classroom teacher
Santa Monica-Malibu Unified, 2015
$68,526.00 $91,582.00
Katrina Reyes Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,601.00 $91,557.00
Rosa Mejia Counselor
Santa Monica-Malibu Unified, 2015
$77,919.00 $91,528.00
Hayde Lorena Cervantes Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,742.00 $91,470.00
Collin Reynolds Speech pathologist
Santa Monica-Malibu Unified, 2015
$78,999.00 $91,448.00
Stephen Parker Carpenter
Santa Monica-Malibu Unified, 2015
$73,634.00 $91,328.00
Therese Treuenfels Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,185.00 $91,062.00
Gregory Bushin Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,930.00 $90,998.00
Denise Herrera Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,021.00 $90,777.00
Maureen Reilly Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,351.00 $90,665.00
Lois Marks Fliegel Classroom teacher
Santa Monica-Malibu Unified, 2015
$82,383.00 $90,652.00
Cecile Renee Blanchard Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,918.00 $90,652.00
Rachel Mauck Classroom teacher
Santa Monica-Malibu Unified, 2015
$66,980.00 $90,527.00
Nancy M. Jordan Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,167.00 $90,496.00
Virginia Ripley Classroom teacher
Santa Monica-Malibu Unified, 2015
$71,077.00 $90,463.00
Susan Heyler Classroom teacher
Santa Monica-Malibu Unified, 2015
$82,543.00 $90,420.00
Martha Mirabal Administrative assistant
Santa Monica-Malibu Unified, 2015
$69,687.00 $90,404.00
Sari Elizabeth Ockner Occupational therapist
Santa Monica-Malibu Unified, 2015
$74,551.00 $90,346.00
Susan Croft Classroom teacher
Santa Monica-Malibu Unified, 2015
$70,504.00 $90,295.00

santa-monica-malibu-unified-201

David Jackson High school principal
Santa Monica-Malibu Unified, 2015
$79,351.00 $90,293.00
Marcia Dgetluck Hagen Credential analyst
Santa Monica-Malibu Unified, 2015
$64,125.00 $90,289.00
Sara R. Greenfield Classroom teacher
Santa Monica-Malibu Unified, 2015
$82,155.00 $90,273.00
David Gottlieb Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,367.00 $90,157.00
Wendy Wax Elementary sch principal
Santa Monica-Malibu Unified, 2015
$74,236.00 $89,950.00
Lynne Hampton Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,324.00 $89,912.00
Sheri Lou Goodwin Senior admin assistant
Santa Monica-Malibu Unified, 2015
$73,938.00 $89,886.00
Gilbert Lopez Classroom teacher
Santa Monica-Malibu Unified, 2015
$76,205.00 $89,742.00
Elizabeth Hartson Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,070.00 $89,658.00
Stephanie Pirri Classroom teacher
Santa Monica-Malibu Unified, 2015
$70,315.00 $89,633.00
Katherine Jane Hunter Occupational therapist
Santa Monica-Malibu Unified, 2015
$74,171.00 $89,511.00
Juliacheri H. Hoos Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,598.00 $89,483.00
Shannon Cox Classroom teacher
Santa Monica-Malibu Unified, 2015
$66,893.00 $89,450.00
Fereshteh Kunkel Speech pathologist
Santa Monica-Malibu Unified, 2015
$70,204.00 $89,430.00
Lisa Elaine Andersen Sr.admin asst-(confident)
Santa Monica-Malibu Unified, 2015
$73,248.00 $89,415.00
Elena Duran Perez Accountant
Santa Monica-Malibu Unified, 2015
$79,758.00 $89,341.00
Jose Luis Brizuela Classroom teacher
Santa Monica-Malibu Unified, 2015
$66,788.00 $89,330.00
Jan Steven Strnad Fac permit supervisor
Santa Monica-Malibu Unified, 2015
$68,687.00 $89,177.00
Katherine Lapajne Classroom teacher
Santa Monica-Malibu Unified, 2015
$80,374.00 $88,801.00
Veronica Garcia-Nunez Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,438.00 $88,586.00
Ari Marken Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,901.00 $88,449.00
Brian J Part Sports fac coordinator
Santa Monica-Malibu Unified, 2015
$59,569.00 $88,267.00
Brooke Nicole Lamping Human resources analyst
Santa Monica-Malibu Unified, 2015
$74,108.00 $88,267.00
Jane Gates Olympic principal
Santa Monica-Malibu Unified, 2015
$71,233.00 $88,259.00
Joseph Arthur Ramirez Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,036.00 $88,204.00
Sean Ryan Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,475.00 $88,144.00
Jamila Banks Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,378.00 $88,078.00
Paul Karaiakoubian Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,726.00 $88,054.00
Heather Wethern Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,382.00 $87,958.00
Hong Le Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,560.00 $87,933.00
Adriana Pulido Education data specialist
Santa Monica-Malibu Unified, 2015
$69,383.00 $87,856.00
Remigio Dizon Tabones Electrician
Santa Monica-Malibu Unified, 2015
$78,563.00 $87,746.00
Emelita N Martinez Cds-teacher/183 day
Santa Monica-Malibu Unified, 2015
$62,827.00 $87,716.00
Amy Beth Chapman Classroom teacher
Santa Monica-Malibu Unified, 2015
$79,613.00 $87,469.00
Patricia Mehring Classroom teacher
Santa Monica-Malibu Unified, 2015
$64,396.00 $87,394.00
Melisa Andino Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,805.00 $87,332.00
Emily Kariya Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,826.00 $87,320.00
Ryan Hoffman Classroom teacher
Santa Monica-Malibu Unified, 2015
$68,004.00 $87,249.00
Eliana O’Keefe Classroom teacher
Santa Monica-Malibu Unified, 2015
$63,745.00 $87,200.00
Karen Verham Classroom teacher
Santa Monica-Malibu Unified, 2015
$78,601.00 $87,124.00
Jason M Dodd Facilities technician
Santa Monica-Malibu Unified, 2015
$66,816.00 $87,101.00
Cristi Green Classroom teacher
Santa Monica-Malibu Unified, 2015
$75,002.00 $87,060.00
Jennifer Joyce Classroom teacher
Santa Monica-Malibu Unified, 2015
$77,492.00 $87,048.00
Tamara Mugalian Classroom teacher
Santa Monica-Malibu Unified, 2015
$63,175.00 $87,034.00
Wendy Cerrato Cds-teacher/183 day
Santa Monica-Malibu Unified, 2015
$62,114.00 $87,008.00
Nathan Fulcher Classroom teacher
Santa Monica-Malibu Unified, 2015
$72,000.00 $87,007.00
Emma Fujiwara Classroom teacher
Santa Monica-Malibu Unified, 2015
$74,507.00 $86,964.00
Eric Marcos Classroom teacher
Santa Monica-Malibu Unified, 2015
$73,282.00 $86,910.00
Vanessa Counte Classroom teacher
Santa Monica-Malibu Unified, 2015
$67,576.00 $86,888.00
Wendi Mccance Classroom teacher
Santa Monica-Malibu Unified, 2015
$69,329.00 $86,866.00

See pdf copy of all SMMUSD salaries:

santa-monica-malibu-unified-201

In response to questions raised by The Malibu Times about attacks on district spending, spokesperson Gail Pinsker said she was not aware of spending complaints in the past, but said the district has resources and uses them for the betterment of students.

For details, go to:

http://transparentcalifornia.com/salaries/school-districts/los-angeles/santa-monica-malibu-unified/

Regrettably, the SMMUSD does not spend their tax dollars wisely!

The SMMUSD has spent approx. $8 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: $8,000,000 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

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

Even after wasting so much money on attorneys fees, the SMMUSD lost the TSCA lawsuit and Judge Percy Anderson ordered injunctive relief to Plaintiffs America Unites For Kids.

The Honorable Judge Percy Anderson ruled that Malibu High School & Juan Cabrillo Elementary have illegal levels of PCBs.

The court found the SMMUSD in violation of Federal Law: Toxic Substance Control Act

The court ordered the district to remove all PCBs by 2019.

This ruling confirms how unconscionable the School District has been to spend $13 million to avoid complying with federal law

See Court Order here:

AMERICA UNITES FOR KIDS vs. SMMUSD RE COURT GRANTS INJUNCTIVE RELIEF TO PLAINTIFF 2 15 cv 02124 PA-AJW

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.

The SMMUSD Board of Education people should not be running this school district as they spent $13 million of our tax payer money to NOT-protect the teachers, to NOT-protect the students, and now that they have been proven wrong in a Court of Law, they are STILL not taking responsibility and continue to put their students and teachers at risk!

Other Santa Monica Malibu Unified School District Litigation and Errors in Judgment:

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:

http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

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:

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

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:

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/

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

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

DN-1009-14/15 (Special Education)
Legal fees & other related costs: $215,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms.Leon-Vazquez was absent) to approve the settlement case. Ayes: 6 (Lieberman, Escarce, de la Torre, Foster, Tahvildaran-Jesswein, Mechur)

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:

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/

3. 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.

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

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.

4. STUDENT vs. MARK KELLY, BRANDON GALLAGHER, TARA BROWN, DENA MENDOZA, AL TRUNDLE & 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

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.

Demanding Investigation into Mismanagement of Funds and Laurie Lieberman’s Connection to Pillsbury Law Firm:

http://us9.campaign-archive2.com/?u=7f78cd97057aa8eaeb574d18d&id=893ca96972&e=b8bf88a019

FullSizeRender-5-1

Pillsbury Law Firm’s Legal Bills Reach $3.38 Million after another $500K was approved at the March 3rd, 2016 Santa Monica Malibu Unified School District Board of Education Meeting.

6. Liz Soto, Dan Chapman, Tab Chapman vs. Santa Monica-Malibu Unified School District

Case No. 2:15-cv-09339-RSWLDTB

Complaint for Intentional Discrimination and Willfully Ignoring “Child Find Obligations” in Violation of Section 504, ADA, and UNRUH Civil Rights Act

The Santa Monica Malibu Unified School District has a demonstrated policy of intentional discrimination and deliberate indifference when it comes to educating students with known disabilities.

The Santa Monica Unified School District (SMMUSD) officials had policies of inaction that resulted in failures to provide adequate procedural safeguards and failure to train their staff.

The SMMUSD’s failure to execute its “child find” duty and evaluation obligations under Section 504 constituted intentional discrimination in that their failure to act was not just negligent; it was a deliberate choice to not act evidencing discriminatory intent.

That SMMUSD acted with deliberate indifference as shown by the facts that the SMMUSD had knowledge of facts tending to establish that Student had a suspected disability:

1) The SMMUSD had knowledge from which an inference could be drawn that a harm to Student’s federally protected right to be identified and evaluated under Section 504 was substantially likely to occur, and

2) The SMMUSD failed to act upon that likelihood when they refused to evaluate Student. These policies included failure to adequately and properly train school staff regarding compliance with their mandatory duties.

Through the policies of the Santa Monica Malibu Unified School District, the SMMUSD exhibited a deliberate indifference to the foreseeable consequences of the violations, including the foreseeable consequence of abuse of students with disabilities.

As a direct and proximate result of the Santa Monica Malibu Unified School District’s violations of law, Plaintiffs suffered out-of-pocket expenses and mental and emotional distress.

See JD Supra article:

http://www.jdsupra.com/legalnews/complaint-for-intentional-discrimination-94039/

See pdf copy of Complaint:

STUDENT vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT RE VIOLATIONS SECTION 504 THE ADA AND UNRUH ACT

See Notice of Settlement:

STUDENT vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT RE STIPULATED SETTLEMENT

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/

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

The Santa Monica Malibu Unified School District Intentionally Discriminated Against its Disabled Students and Willfully Ignored Their “Child Find” Obligations in Violation of Section 504, ADA, and UNRUH Civil Rights Act

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

Case No. 2:15-cv-09339-RSWLDTB

Liz Soto, Dan Chapman, Tab Chapman vs. Santa Monica-Malibu Unified School District

Complaint for Intentional Discrimination and Willfully Ignoring “Child Find Obligations” in Violation of Section 504, ADA, and UNRUH Civil Rights Act

The Santa Monica Malibu Unified School District has a demonstrated policy of intentional discrimination and deliberate indifference when it comes to educating students with known disabilities.

The Santa Monica Unified School District (SMMUSD) officials had policies of inaction that resulted in failures to provide adequate procedural safeguards and failure to train their staff.

The SMMUSD’s failure to execute its “child find” duty and evaluation obligations under Section 504 constituted intentional discrimination in that their failure to act was not just negligent; it was a deliberate choice to not act evidencing discriminatory intent.

That SMMUSD acted with deliberate indifference as shown by the facts that the SMMUSD had knowledge of facts tending to establish that Student had a suspected disability:

1) The SMMUSD had knowledge from which an inference could be drawn that a harm to Student’s federally protected right to be identified and evaluated under Section 504 was substantially likely to occur, and

2) The SMMUSD failed to act upon that likelihood when they refused to evaluate Student. These policies included failure to adequately and properly train school staff regarding compliance with their mandatory duties.

Through the policies of the Santa Monica Malibu Unified School District, the SMMUSD exhibited a deliberate indifference to the foreseeable consequences of the violations, including the foreseeable consequence of abuse of students with disabilities.

As a direct and proximate result of the Santa Monica Malibu Unified School District’s violations of law, Plaintiffs suffered out-of-pocket expenses and mental and emotional distress.

See JD Supra article:

http://www.jdsupra.com/legalnews/complaint-for-intentional-discrimination-94039/

See pdf copy of Complaint:

STUDENT vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT RE VIOLATIONS SECTION 504 THE ADA AND UNRUH ACT

See Notice of Settlement:

STUDENT vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT RE STIPULATED SETTLEMENT

Other Santa Monica Malibu Unified School District Intentional Discrimination Cases:

1. 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,”.

Mark Kelly’s knowledge that Student 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.

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.

A Public Record Act request has been served upon the SMMUSD to receive the Debra Reilly “investigation Report” concerning the two UCP Compliance Complaints against the SMMUSD, and Assistant Superintendent Mark Kelly.
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.)

2. Student v Santa Monica Malibu Unified School District:

9th Circuit Court of Appeals Case No. 13-55665

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 SMMUSD litigation, go to:

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

See Case No. 2:14-cv-06823-CBM-MRW Complaint here: document-142

See Plaintiffs’ Case No. 2:14-cv-06823-CBM-MRW 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

See Case No. 2:14-cv-06823-CBM-MRW Notice of Settlement here:document-141

DN-1002-15/16 (Special Education)
(postponed from 11/19/15)
Legal fees: $137,500
The total cost for this case is not to exceed $137,500. It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case.

For details, go to:

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

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/

4. 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

MICHAEL CHWE vs. SMMUSD RE WRIT OF MANDATE COMPLAINT

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

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

MICHAEL CHWE vs SMMUSD RE APPEALS COURT PUBLISHED OPINION

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

Public Record Act requests for employee disciplinary records, investigative reports and/or complaints or charges of misconduct against public employees 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.)

FFF_CA Public Records_V11

The Santa Monica-Malibu Unified School District

Board of Education

SPECIAL EDUCATION SETTLEMENTS

November 2013 to December 2015

Pursuant to Government Code §54956.9(d)(2)

1. DN-1001-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1001-13/14 was as follows:
a) Legal Costs: $16,000
The total cost for this case is not to exceed $16,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

2. DN-1002-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1002-13/14
was as follows:
a) Legal Costs: $14,000
The total cost for this case is not to exceed $14,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

3. DN-1003-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1003-13/14 was as follows:
a) Legal Costs: $6,500
The total cost for this case is not to exceed $6,500.
It was moved by Mr. Mechur, seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre
was absent) to approve the settlement case.

4. DN-1004-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1004-13/14 was as follows:
a) Parent Reimbursement: $38,000
The total cost for this case is not to exceed $38,000. It was moved by Dr. Escarce,
seconded by Mr. de la Torre, and voted 7/0 to approve the settlement case.

5. DN-1006-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1006-13/14 was as follows:
a) Parent Reimbursement: $19,000
The total cost for this case is not to exceed $19,000. It was moved by Ms. Lieberman,
seconded by Mr. Allen, and voted 7/0 to approve the settlement case.

6. DN-1007-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1007-13/14 was as follows:
a) Parent Reimbursement: $13,600
b) Legal Cost: $15,000
The total cost for this case is not to exceed $28,600. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

7. DN-1008-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1008-13/14 was as follows:
a) Parent Reimbursement: $60,000
The total cost for this case is not to exceed $60,000. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

8. DN-1009-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1009-13/14 was as follows:
a)Legal Cost: $5,500
b) Parent Reimbursement: $7,500
The amended total cost for this case is not to exceed $13,000. It was moved by Mr.
Mechur, seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

9. DN-1005-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1005-13/14 was as follows:
a) Legal Cost: $5,000
b)Parent Reimbursement: $17,789.48
The total cost for this case is not to exceed$ 22,789.48. It was moved by Dr. Escarce,
seconded by Ms. Lieberman, and voted 7/0 to approve the settlement case.

10. Student vs. SMMUSD, OAH Case No. 2013051152
Administrative Law Judge (ALJ) Eileen M. Cohn, determined on December 23, 2013 that the
SMMUSD must reimburse parents for all of their tuition costs for a Non-Public School (NPS)
along with reimbursement for all tutoring expenses.
These amounts exceed $56,970.99 in tuition reimbursement thus far, and does not include
approx. $70,000 inattorneys fees. This tuition will need to be reimbursed for 3-4 more years as well.

11. DN-1002-14/15 (Special Education)

Legal Fees: $70,000

The total cost for this case is not to exceed $70,000. It was moved by Ms. Lieberman, seconded by Mr. Patel, and voted 7/0 to approve the settlement case.

12. DN-1003-14/15 (Special Education)

Parent Reimbursement: $ 5,000/month (11/1/14 through 7/31/15)

The total cost for this case is not to exceed $45,000. It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarcewas absent) to approve the settlement case.

13. DN-1004-14/15 (Special Education)

Educational Evaluation Services: $11,485

Legal Fees: $TBD as per OAH Case No. 2014040578

It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarce was absent) to approve the settlement case.

14. DN-1005-14/15 (Special Education)

Parent Reimbursement: $2,200/month during school year (through 2019-2020 or whenever the student graduates from high school, whichever comes first) It was moved by Ms. Lieberman, seconded by Mr. Mechur, and voted 6/0 (Mr. de la Torre was absent) to approve the settlement case.

15. DN-1006-14/15 (Special Education)

Parent reimbursement (legal fees & other related costs): $9,000
The total cost for this case is not to exceed $9,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms. Leon-Vazquez was absent) to approve the settlement case.

16. DN-1007-14/15 (Special Education)

Parent Reimbursement (educational placement & services): $55,000
The total cost for this case is not to exceed $55,000. It was moved by Dr. Tahvildaran-Jesswein, seconded by Mr. Foster, and voted 6/0(Ms. Leon-Vazquez was absent) to approve the settlement case.

17. See 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

DN-1009-14/15 (Special Education)
Legal fees & other related costs: $215,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms.Leon-Vazquez was absent) to approve the settlement case. Ayes: 6 (Lieberman, Escarce, de la Torre, Foster, Tahvildaran-Jesswein, Mechur)
September 2, 2015

18. DN-1001-15/16 (Special Education)

Attorney fees: $26,000
The total cost for this case is not to exceed $26,000. It was moved by Mr. De la Torre, seconded byMs. Leon-Vazquez, and voted 7/0 to approve the settlement case. Ayes: 7
October 1, 2015
19. DN-1002-15/16 (Special Education) TBD

20. DN-1003-15/16 (Special Education)
Legal fees $5,000
21. DN-1004-15/16 (Special Education)
Parent reimbursement: $6,000
22. DN-1005-15/16 (Special Education)
Parent reimbursement: $6,000
October 15, 2015

23. DN-1006-15/16 (Special Education) TBD

December 10, 2015
24. DN-1002-15/16 (Special Education)
(postponed from 11/19/15)
Legal fees: $137,500
The total cost for this case is not to exceed $137,500. It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case.
25. DN-1007-15/16 (Special Education)
Parent reimbursement: $16,920
Legal fees: $4,410
The total cost for this case is not to exceed $21,330.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case. Ayes: 6 (Lieberman, de la Torre, Leon- Vazquez, Foster, Tahvildaran-Jesswein, Mechur)
26. DN-1008-15/16 (Special Education)
Parent reimbursement: $18,500
Legal fees: $24,000
The total cost for this case is not to exceed $42,500.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr.
Escarce was absent) to approve the settlement case.

Below is how the Santa Monica-Malibu Unified School District treats some of its Special Education families.

See link to Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School Disrict’s Retaliatory Acts Against Students and Parents by filing false claims of child abuse with the Department of Children and Family Services:

http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

SMMUSD vs. Student

By Debra Shepherd

Good evening Council members. I am the parent of a child in general education and a child who requires special education services. I am also a member of the Working Group.

Although the non-disclosure agreements are no longer being used to my knowledge, the environment that brought about the use of those agreements still exists.

When a problem arises, there does not seem to be an ability to resolve the problem without input from the attorneys. Since November of 2008, the District has been more adversarial toward my family by threatening me with due process litigation at tax payers’ expense. The SMMUSD refuses to even acknowledge that my daughter has an autism spectrum disorder despite multiple pages of detailed assessments from UCLA in a school setting that have been a part of my child’s records for the last 4 years.

The District is also attempting to take needed services and accommodations out of my child’s educational program. I had to fight for two years for my daughter to receive occupational therapy services.

My extended family has also traveled thousands of miles to help me with these issues. The SMMUSD would rather spend thousands of tax payer dollars suing me than pay for a needed assessment for my child or provide her with a free and appropriate education as mandated by law.

I thought that we had reached our lowest point in the journey when school staff filed a false report against me with child services in retaliation against me for hiring an attorney. My youngest child is still not recovered from the trauma of that incident. I am also disturbed by the number of families of color that have left the district. When families of color complain about how they are treated by the district, their address is verified. This whole situation has taken a toll on my health and the well-being of my family.

See links to other litigation relating to other SMMUSD Retaliatory Acts:

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/

See link to Malibu Times Article Entitled “School Woes”

http://www.malibutimes.com/opinion/article_37232886-0af6-11e5-9805-c79129c3012e.html

See SMMUSD District Parent’s comment:

beachshopgirl posted at 12:07 pm on Mon, Jun 8, 2015.

The SMMUSD has an inordinate amount of due process cases (16 this school term). That would be the norm for a district five times this size. If they go that hard against the parents of children with disabilities that should tell everyone else something. The District will never stop fighting this lawsuit from all indications, regardless of the insane conclusion that is bound to occur. It’s pathetic that they are willing to burn down the village in an effort to avoid repairing it. It’s time for a new Board of Education, a new Superintendent and a new Director of Special Education Services. We need people in leadership that understand that tax dollars are not monopoly money and that this is not a private parts measuring contest.

The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Hundreds of Thousands of Dollars and Causing Unnecessary Harm to These Special Education Families.

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

For details, go to:

It’s 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/

See pdf copy:

IT’S TIME TO FIRE SMMUSD’S 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

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

 

 

 

Change.org’s Petition To The Santa Monica Malibu Unified School District’s Board of Education re: Its Time to Fire SUPERINTENDENT SANDRA LYON

IT’S TIME TO FIRE THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT’S 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

“There is no safe level of PCBs. All they do is cause harm. They increase the risk of a great number of diseases, and the one that’s of most significance in a school is that they’re known to reduce cognitive function — learning and memory. And that’s the last thing you want in a school.” David O. Carpenter, M.D., director of the Institute for Health and the Environment at the University at Albany.

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

“PCBs are dangerous chemicals … even low concentrations of PCBs in air constitute an important route of exposure and disease, especially if the exposure is prolonged,” Dr. David Carpenter, director of the Institute for Health and the Environment at the University at Albany-SUNY.

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

See Expert Opinion Report from Dr. David Capenter Re: PCBs in Malibu Schools:

Report of Expert Carpenter, MD-1

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

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

See YouTube Video here:

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 Superintendent Sandra Lyon has spent over $8 million tax payer dollars to avoid a proper investigation and remediate all of the illegal levels of PCBs.

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.

The Santa Monica-Malibu Unified School District has thereby put the health of their students and teachers at risk.

Santa Monica Malibu Unified School District’s 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 City of Malibu through Resolution No. 14-58 requests that the Santa Monica-Malibu Unified School District (SMMUSD) conduct further source testing for polychlorinated biphenyls (PCBs) at all Malibu school campuses and in all rooms. Every inch of caulking does not need to be tested to verify there are PCBs. It is reasonable and based on standard building practices is responsible to assume that all like caulking in the same building contains PCBs. 

See City of Malibu’s September 23, 2014 Resolution No. 14-58 below:

9_23_14_Malibu_City_Council_Resolution

Despite the October 2013, January 2014 letters to the SMMUSD, and the City of Malibu September 2014 Resolution, the SMMUSD refuses to relocate its students and teachers and administer any further testing, even turning down the offer of Malibu parent and supermodel Cindy Crawford to personally pay for the tests. The EPA, in the Oct, 31st, 2014 approval, made very clear that PCBs over 50ppm cannot be left in place. PCBs are not like lead paint and asbestos; they are not chemically the same nor are they handled by EPA the same way.

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.

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.)

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/

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

41ca7296-de71-4534-b6be-2be448d34592

See the many test results which reveal shockingly high PCB exposure at Malibu High School and Jaun Cabrillo Elementary School:

7_17_14 Malibu_PCB_lab_results1-1

9_23_14_Latest_Malibu_test_results

10_17_14_PCB 126 lab report J Cabrillo

10_17_14_PCB 126 lab report MHS

See Environs most recent test results which reveal that students and teachers are exposed to shockingly high PCB levels:

3_25_15_New_malibu_test_results

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:

On July 3, 2015 America Unites for Kids opined the following: “Princeton School District filed a lawsuit asking Monsanto for $700,000 for cost to remove toxic PCBs in the caulking at their elementary schools. SMMUSD’s Superintendent Sandra Lyon has spent over $6 million to avoid a proper investigation and removal of illegal PCBs. What leader of a business can spend $6 million to fix a $700,000 problem and still have a job? Tax-payers of Santa Monica and Malibu, it’s time to fire Lyon. Email brd@smmusd.org and tell them to Let Lyon Loose!”

Go to: https://www.facebook.com/AmericaUnites?fref=nf

See link to JD Supra Article:

http://www.jdsupra.com/legalnews/america-unites-for-kids-demands-answers-50429/

 

See Congressman Ted Lieu’s letter To America Unites For Kids reading forwarding the October 2015 PCB Test Results to EPA’s Administrator Gina McCarthy:

10_29_15_Letter_from_Congressman_Lieu_to_America_Unites

See Summary of the October 2015 PCB test results from Malibu High School:

10_29_15_Malibu_lab_results

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

http://patch.com/california/malibu/school-district-seeks-charges-against-malibu-mom-who-tested-classroom-materials-carcinogens

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

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

Read John Ferbas MS., Hyg., Ph.D. July 2014 letter to the EPA and SMMUSD:

John Ferbas MS., Hyg., Ph.D stated the following:

“The fact that Malibu High School and Jaun Carillo Elementary School contain caulking with PCB levels orders of magnitude above even the most conservative PEL estimates is egregious.” -Ferbas

See John Ferbas MS., Hyg., Ph.D. letter to the EPA and SMMUSD:

Ferbas-health-letter

In fact, 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.

See California Association of School Administrators email to the EPA.

This email was obtained through a freedom of information act request.

See link to email:

California Association of School Administrators Email to EPA

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.”

The SMMUSD is spending an outrageous amount of money on lawyers and consultants.

See list of just some of the SMMUSD’s $8 million in expenditures to date:

11200986_700561446719884_1823505260638714771_o

July 15, 2015
Aug 12, 2015

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.

Other SMMUSD litigation and Errors in Judgment:

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

1. Student v Wendy Wax Gellis & SMMUSD:

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

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:

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 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/

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.

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. 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

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:

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

See link to Resolution here: CC150916_Item-1

8. 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/

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

https://lawofficesofbarryfagan.wordpress.com/2015/09/21/the-santa-monica-malibu-unified-school-districts-classroom-teachers-association-urges-smmusd-officials-to-consider-the-wellbeing-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.” 16 September 2015 20:20  See link: http://smdp.com/concerns-classroom-temps-heat/150774

10. 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 $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

11.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

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.

12. 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.

13. 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.

Santa Monica-Malibu Unified School District Superintendent Sandra L. Lyon was granted a new three-year contract Wednesday, raising her salary to $239,200 annually, among the highest in California. Sandra Lyon’s total compensation including fringe benefits is hard to determine, although it was put at $282,030 in 2013, according to Transparent California, a website that tracks salary and other compensation for public employees throughout the state.
For details, go to:

It’s time to fire 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

MICHAEL CHWE vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT Re: Verified Petition for Writ of Mandate Directed to Santa Monica Malibu Unified School District Ordering Compliance with the California Public Records Act

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 has Publicly Misrepresented its Own Legal Obligations and than Admits in Court that they Were Legally Obligated To Release Information Through the California Public Records Act

After over 150 parents wrote a letter on December 7, 2010 to Supt. Tim Cuneo and Santa Monica HS principal Dr. Hugo Pedroza asking for information about the SMMUSD’s finding that Mr. Ari Marken had sexually harassed a 13-year-old girl, Supt. Cuneo stated in a newspaper interview that the SMMUSD could not legally disclose details about the case.  However, in its court filings, the SMMUSD admits that they are legally required to release this information.

See pdf attachment of the Santa Monica Malibu Unified School District’s Opposition to Ari Marken’s Opening Brief which admits to its legal obligations to release information:

SMMUSD BRIEF IN SUPPORT OF RELEASING INVESTIGATION REPORT BASED ON WELL FOUNDED COMPLAINT

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.)

aalrr20111029

The Santa Monica Malibu Unified School District Was Thereafter 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.”

The Santa Monica Malibu Unified School District Removed Evidence of Child Abuse from its own records

Thomas Beltran, former Lincoln MS teacher, was convicted in December 2008 of sexually molesting eleven Lincoln students over a period of more than ten years.

However, a student complained about Mr. Beltran two years earlier, in March 2006. Even though this March 2006 complaint was serious enough to deserve a police investigation, the SMMUSD removed all records of this complaint and claimed complete ignorance after Mr. Beltran was arrested.

The SMMUSD has refused to answer any questions about its handling of the March 2006 complaint. For details, go to: http://chwe.net/safety/beltran/

In March 2006, an eighth-grade Lincoln MS student made a written complaint about Thomas Beltran, two years before he was arrested for sexually molesting students. However, on May 8, 2008, after Mr. Beltran’s arrest, Asst. Supt. Mike Matthews said that “this is all new to us” and said that there were no complaints about Mr. Beltran in his personnel file.

One might expect that a handwritten student letter about a possibly abusive teacher would be among the most sensitive and crucial of all records kept by a school district.

On February 28, 2011, SMMUSD attorneys wrote that the district did not have a copy of the student’s letter.

(See pdf copy of the attached letter)

aalrr20110228-1

DANIELLE BAEZ vs. BURBANK UNIFIED SCHOOL DISTRICT et al.

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 B208294  Description: Petition granted by opinion

The Court of Appeals Also Upheld The Trial Court’s Award of $3,224,569.30 in Attorneys fees and $2,000,000 Million in Punitive Damages to Baez

The jury awarded Baez $199,398 in compensatory damages (consisting of $99,398 for past economic loss and $100,000 for past pain and suffering), and $2 in punitive damages. The trial court awarded attorney’s fees to Baez in the amount of $3,224,569.30.

“In this case, the trial court properly exercised its discretion in awarding attorney’s fees to Baez for the time spent in the first trial.” Justice ZELON, J.

See pdf copy of Appellate Court’s January 25, 2016 Decision:

B254852

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

See pdf attachment:

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.

1. In November 2011, the parents of four children accused Jennifer Becker, Juan Cabrillo Elementary special education teacher, of abusing their children. Four teacher’s aides witnessed these actions and the case is being investigated by the Los Angeles County Special Victims Bureau. SMMUSD administrators responded to only one of the many reported incidents and ignored the others. Sara Woolverton, SMMUSD special education director, told parents that the four teacher’s aides are not credible because they are committing a “mutiny.” http://chwe.net/safety/becker/

2. In May 2011, two Santa Monica HS students on the wrestling team locked an African American teammate to a locker, shouting “Slave for sale” and displaying a noose. They are currently being investigated on hate crime charges. Santa Monica HS administrators failed to inform the victim’s mother of the incident, tried to intimidate the victim by telling him that the wrestling program might be canceled, and destroyed cell phone pictures taken by other students of the noose. http://www.santamonicadispatch.com/2011/06/smmusd-said-to-deny-civil-rights-of-students/

3. Ari Marken, Santa Monica HS teacher, sexually harassed a thirteen-­‐year-­‐old girl in December 2008. The SMMUSD has refused to release any information about Mr. Marken’s violation, in violation of California state law, and illegally delayed its response in order to allow Mr. Marken to try to stop or further delay the release of this information. http://chwe.net/safety/marken/

4. Thomas Beltran, former Lincoln MS teacher, was convicted in December 2008 of sexually molesting eleven Lincoln students over a period of more than ten years. However, a student complained about Mr. Beltran two years earlier, in March 2006. Even though this March 2006 complaint was serious enough to deserve a police investigation, the SMMUSD removed all records of this complaint and claimed complete ignorance after Mr. Beltran was arrested. The SMMUSD has refused to answer any questions about its handling of the March 2006 complaint. http://chwe.net/safety/beltran/

5. Carl Hammer, former Santa Monica HS band director, was convicted of a felony involving a fourteen-­‐year-­‐old girl in June 2005. After he was fired from his position in the SMMUSD, he continued to be paid by the Santa Monica HS band program to write musical arrangements for the band, using money from parent donations, with the full knowledge of SMMUSD administrators. No SMMUSD staff member has ever taken responsibility for re-­‐hiring Dr. Hammer after his conviction. http://chwe.net/safety/hammer/

6. Mike Hearn, former Santa Monica HS assistant coach, was convicted in October 2005 on nine sex-­‐related felony charges involving two 15-­‐year-­‐old Santa Monica HS students and another 17-­‐year-­‐old girl. http://chwe.net/safety/hearn/smdp100605a.pdf

On May 21, 2008, ten parents wrote a letter to SMMUSD Supt. Dianne Talarico asking 14 questions about the SMMUSD’s handling of the case of Lincoln MS teacher Thomas Beltran, who was later convicted of sexually molesting eleven Lincoln students over a period of more than ten years. On May 30, 2008, Supt. Talarico responded saying that “The active investigation status of this case prohibits the district from responding to many of your questions at this time.” We never received a further response. On September 2, 2010, long after the criminal case against Mr. Beltran was resolved, I wrote to Superintendent Tim Cuneo asking for the district to now answer our questions. Supt. Cuneo never responded. http://chwe.net/safety/beltran/chwe20080521.pdf

On December 7, 2010, over 150 SMMUSD parents wrote a letter to Supt. Tim Cuneo and Santa Monica HS principal Dr. Hugo Pedroza asking for information about Mr. Ari Marken, a Santa Monica HS teacher who was found by the SMMUSD to have sexually harassed a thirteen-year-old ninth grade girl in one of his geometry classes. Supt. Cuneo and Dr. Pedroza did not respond. (http://chwe.net/safety/marken/). The parents of the girl have never been given any information about the results of the SMMUSD investigation apart from this letter saying that Mr. Marken violated SMMUSD policy 5145.7. However on January 24, 2012, 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.” See http://chwe.net/safety/marken/marken.pdf

The SMMUSD has destroyed evidence concerning harassment of children

Several Santa Monica HS students took cell phone pictures of the noose in the wrestling team practice room. These pictures were essential evidence, as the display of a noose to terrorize another person is a specific crime under California Penal Code section 11411. However, without reporting the matter to the police, Santa Monica HS administrators confiscated students’ phones and destroyed the pictures. http://chwe.net/safety/wrestling/smdp20110617.pdf

The SMMUSD has asked parents to destroy emails and not talk to each other about teacher sexual harassment of children

On August 31, 2010, SMMUSD Supt. Tim Cuneo sent a memo to parents asking them to destroy an email which Mr. Patrick DeCarolis, attorney for the 13-year-old girl sexually harassed by Mr. Marken, sent to parents on August 30, 2010, asking for help and information. This email was communication entirely between private citizens. Supt. Cuneo felt that he had the authority to write: “Please destroy all copies of the email and do not forward it or discuss the content of the email with others.” http://chwe.net/safety/marken/cuneo20100831.pdf

The SMMUSD removed evidence of child abuse from its own records

In March 2006, an eighth-grade Lincoln MS student made a written complaint about Thomas Beltran, two years before he was arrested for sexually molesting students. However, on May 8, 2008, after Mr. Beltran’s arrest, Asst. Supt. Mike Matthews said that “this is all new to us” and said that there were no complaints about Mr. Beltran in his personnel file. One might expect that a handwritten student letter about a possibly abusive teacher would be among the most sensitive and crucial of all records kept by a school district. On February 28, 2011, SMMUSD attorneys wrote that the district did not have a copy of the student’s letter. http://chwe.net/safety/beltran/aalrr20110228.pdf

The SMMUSD has impugned the testimony of its own employees who report child abuse

On October 22, 2011, teacher’s aides in the special education classroom at Cabrillo ES informed parents that the special education teacher Jennifer Becker was abusing their children. On October 28, 2011, the parents of four students met with SMMUSD director for special education Sara Woolverton. At this meeting, Dr. Woolverton stated that the four teacher’s aides were not credible and not trustworthy, and were committing a “mutiny” because Ms. Becker was making them work. http://chwe.net/safety/becker/

The SMMUSD has ordered teacher’s aides to not talk to parents

Melissa Winder, teacher’s aide in the Cabrillo ES special education class, states that Bekah Dannelly, SMMUSD special education coordinator, visited the special education classroom to order the teacher’s aides to not talk, text, or call the parents of the special education students.

The SMMUSD has tried to intimidate students and parents

After the hate crime incident involving two members of the wrestling team, Santa Monica HS H House principal Leslie Wells told the victim that “The incident could get the whole wrestling program canceled.” The victim did not tell his mother about the incident, reportedly because he did not want “to make a big deal out of it.”

On September 8, 2010, I wrote Supt. Cuneo asking specifically whether parents are legally obligated to destroy Mr. DeCarolis’s email. In his reply on September 9, 2010, Supt. Cuneo wrote: “The further dissemination of inaccurate information, which may include slanderous accusations, comes with it legal risk or liability. As such, the District response to the recipients about the information did not mince words in describing the seriousness of further dissemination.” Supt. Cuneo did not make any specific claim that anyone said anything slanderous. His response was nothing more than an attempt to intimidate.

The agreement between the SMMUSD and the Santa Monica Malibu Classroom Teachers Association states that if a student or parent wants to file a complaint against a teacher, the teacher can request a meeting. However, “if the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member’s personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.” This policy is a license for intimidation. Very few children, or even adults, would be courageous enough to make a complaint against a teacher knowing that they would have to then meet the teacher face to face.

The SMMUSD has tried to mislead parents about their legal rights

After Supt. Tim Cuneo asked parents to destroy and not talk about an email sent to them by Mr. Patrick DeCarolis concerning Mr. Ari Marken’s sexual harassment of a 13-year-old girl. One must conclude that the SMMUSD is willing to intentionally mislead parents. Of course no parent is legally obligated to destroy any emails, regardless of implications for the district. The SMMUSD has no business telling parents what they can and cannot talk about. See Chwe email to SMMUSD Superintendent dated September 8, 2010. http://chwe.net/safety/marken/chwe20100908.pdf

The SMMUSD has publicly misrepresented its own legal obligations

After over 150 parents wrote a letter on December 7, 2010 to Supt. Tim Cuneo and Santa Monica HS principal Dr. Hugo Pedroza asking for information about the SMMUSD’s finding that Mr. Ari Marken had sexually harassed a 13-year-old girl, Supt. Cuneo stated in a newspaper interview that the SMMUSD could not legally disclose details about the case. However, in its court filings, the SMMUSD admits that they are legally required to release this information. http://chwe.net/safety/marken/aalrr20111029.pdf

The SMMUSD has violated California state law

Under California Penal Code 11165.7, school personnel are legally required to report suspected child abuse to police. In the case of the alleged abuses in the special education classroom at Cabrillo ES, no one reported Ms. Becker’s actions to the police until the parents, informed by the teacher’s aides, reported it themselves.

The SMMUSD delayed in order to allow Mr. Marken to try to obtain a court order to stop the release of the records, ignoring the California Supreme Court ruling in Filarsky v. Superior Court (2002) that “the exclusive procedure for litigating the issue of a public agency’s obligation to disclose records to a member of the public” is a lawsuit initiated by the person requesting the records. http://ag.ca.gov/publications/summary_public_records_act.pdf

By not releasing the records concerning Mr. Marken’s violation, the SMMUSD is in violation of long-standing case law, including AFSCME Employees v. Regents of University of California (1978), which establishes that records concerning the actions of public employees who have been disciplined must be disclosed to the public. http://caselaw.findlaw.com/ca-court-of-appeal/1592245.html

The agreement between the SMMUSD and the Santa Monica Malibu Classroom Teachers Association states that if a student or parent wants to file a complaint against a teacher, no record of the complaint will be kept unless the student or parent agrees to a meeting with the teacher. This violates the California Code of Regulations Title 5, Section 4621, which states that “local policies shall ensure that complainants are protected from retaliation and that the identity of a complainant alleging discrimination remain confidential as appropriate.”

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

Other SMMUSD Litigation, and Errors in Judgment:

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

1. Student v Wendy Wax Gellis & SMMUSD:

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.

Click on Link to YouTube Video of:

N.B.F. vs. Santa Monica Malibu Unified School District & Wendy Wax Gellis:

https://m.youtube.com/watch?v=Zhpbam0Wdsg

 

Click on link to Ninth Circuit Court of Appeals Oral Argument dated March 9, 2017:

http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000011168

 

For details of this 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/

IMAG0391

Student vs. Santa Monica Malibu Unified School District (SMMUSD); 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. 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

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

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

6. 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

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.”

See 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

7. America Unites Accuses the SMMUSD of Secret Cleaning

8.  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/

9. 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/

“There is no safe level of PCBs. All they do is cause harm. They increase the risk of a great number of diseases, and the one that’s of most significance in a school is that they’re known to reduce cognitive function — learning and memory. And that’s the last thing you want in a school.” David O. Carpenter, M.D., director of the Institute for Health and the Environment at the University at Albany.

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

https://lawofficesofbarryfagan.wordpress.com/2015/09/21/the-santa-monica-malibu-unified-school-districts-classroom-teachers-association-urges-smmusd-officials-to-consider-the-wellbeing-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.” 16 September 2015 20:20  See link: http://smdp.com/concerns-classroom-temps-heat/150774

11. 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

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.

12. Student vs. Principal Brandon Gallagher; Assistant Superintendent Mark Kelly; Director of Student Services Tara Brown; Senior Office Specialist Dina Mendoza; School Counselor Al Trundle & 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)

The 9th Circuit recently stated in

A.G. v. Paradise Valley Unified School District:

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.
See the 9th Circuit opinion in A.G. v. Paradise Valley Unified School District:
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:

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:

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:

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

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

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

COMPLAINT FOR VIOLATIONS OF:
(1) THE AMERICANS WITH DISABILITIES ACT, 42 U.S.C. §§ 12101 ET SEQ.
(2) SECTION 504 OF THE REHABILITATION ACT, 29 U.S.C. §§ 794 ET SEQ.;
(3) THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT, 20 U.S.C. §§ 1400 ET SEQ.

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

See Notice of Settlement here: document-141

DN-1002-15/16 (Special Education)
(postponed from 11/19/15)
Legal fees: $137,500
The total cost for this case is not to exceed $137,500. It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case.

OVERVIEW

Under the state’s Master Plan for Higher Education, California has developed three tiers of public post-secondary education leading to a college degree: a two-year community college system, a four-year California State University (“CSU”) system, and a four-year University of California (“UC”) system. Students may earn degrees in any of these tiers, but there are significant differences between the four-year UC and CSU institutions and the community college system.

Only students who complete college and obtain a four-year degree reap the substantial economic benefits of a college education.

Students who enroll in community colleges are also much less likely to graduate than students in four-year programs: according to the National Center for Education Statistics, 45% of community college students leave school before they obtain their degree or certificate, a dropout rate nearly three times that of students in four-year institutions.

The public perception that students frequently transfer between community colleges and the UC/CSU system is belied by data showing that such transfers are relatively rare.4 Even for students who successfully transfer from community college to a four-year campus, the graduation rate among transfer students is “significantly lower” than for students who begin their post-secondary education at a four-year college. And even community college transfers who succeed in obtaining degrees at public four-year institutions generally take at least two years longer to do so.

Only 44% of these students receive their bachelor’s degree within six years. This average two-year delay both increases the tuition costs of obtaining the degree and eliminates two years of wage earning potential.

Aside from the economic benefits that redound to four-year degree holders, there are qualitative differences in the educational experiences provided by community colleges and public four-year institutions. For example, faculty at community colleges are less likely to engage in scholarly publications and research.

Students at two-year colleges will have fewer (if any) opportunities to participate in research projects and scholarship. The lack of this experience places these students at a disadvantage when entering the job market for entire fields of study.

California’s four-year postsecondary systems have more rigorous admissions requirements than community colleges. The primary difference is that the four-year UC/CSU system requires all applicants to have completed high school coursework that meets certain baseline academic standards. High schools must submit the curricula for their courses to ensure that it meets these minimum academic standards.8 Classes that do are known in California as offering “a-g credit.” High school graduates who earned “a-g credits” are eligible to apply and be admitted to a college in the UC/CSU system.

A student who lacks “a-g credits” cannot apply to the UC/CSU system and must attend a community college.

The District freely acknowledges the differences between the three tiers of post-secondary educational placements, and advertises its commitment “to graduate students with the most post-secondary options available to them.”

The class graduated by the District in 2010 sent 589 Santa Monica Malibu High School (“SAMOHI”) students to college.

Of those 589 college-bound students, 89 went to a CSU campus and 108 went to a UC campus. Combined, roughly one-third of the 2010 graduating class from SAMOHI matriculated directly into the UC/CSU system.

Due to the way the District educates students with disabilities at SAMOHI, however, it was impossible for D to be among them.

The Santa Monica-Malibu Unified School District has created a two-track educational system at SAMOHI, which excludes many students with a disability from completing courses offering a-g credit.

The Santa Monica-Malibu Unified School District requires disabled students like D, whose disabilities prevent them from receiving instruction in general-education classrooms, to take special education courses designated “SAI classes.” SAI classes do not offer a-g credits—even though D and students like her are academically capable of a-g level work.

The Santa Monica Malibu Unified School District thus precludes them as a matter of policy from matriculating directly to a four-year UC/CSU program.

The Santa Monica-Malibu Unified School District has refused to submit the curriculum for any of the courses designated as SAI classes for a-g credit approval.

In contrast, the Santa Monica-Malibu Unified School District has applied for and obtained approval for more than 150 of its general education courses to award a-g credit.

The Santa Monica-Malibu Unified School District’s actions violated the IDEA, Section 504, and the ADA. When the District refused to offer Drew an appropriate educational program, her family was forced to identify and enroll her in an appropriate educational setting at their own expense, and to seek reimbursement from the District for the costs they incurred.

The Santa Monica-Malibu Unified School District’s actions also violated the IDEA, Section 504, and the ADA when it retaliated against the Plaintiffs for exercising their rights under these statutes.

When the Plaintiffs rejected educational placements offered by the District at Ds IEP meetings, the Santa Monica-Malibu Unified School District unilaterally disenrolled her and refused to provide related services to which she was entitled.

PEW Research Center Report on the Disparity of Income Between High School Graduates and College Graduates.

The Rising Cost of Not Going To College

(finding that holders of four-year degrees earn $17,500 more than high school graduates, but holders of two-year community college degrees earn just $2,000 more).

The Rising Cost of Not Going to College

See PEW Research Report in pdf here:

SDT-higher-ed-FINAL-02-11-2014

The Santa Monica-Malibu Unified School District

Board of Education

SPECIAL EDUCATION SETTLEMENTS

NOVEMBER 2013-DECEMBER 2015

Pursuant to Government Code §54956.9(d)(2)

1. DN-1001-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1001-13/14 was as follows:
a) Legal Costs: $16,000
The total cost for this case is not to exceed $16,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

2. DN-1002-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1002-13/14
was as follows:
a) Legal Costs: $14,000
The total cost for this case is not to exceed $14,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

3. DN-1003-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1003-13/14 was as follows:
a) Legal Costs: $6,500
The total cost for this case is not to exceed $6,500.
It was moved by Mr. Mechur, seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre
was absent) to approve the settlement case.

4. DN-1004-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1004-13/14 was as follows:
a) Parent Reimbursement: $38,000
The total cost for this case is not to exceed $38,000. It was moved by Dr. Escarce,
seconded by Mr. de la Torre, and voted 7/0 to approve the settlement case.

5. DN-1006-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1006-13/14 was as follows:
a) Parent Reimbursement: $19,000
The total cost for this case is not to exceed $19,000. It was moved by Ms. Lieberman,
seconded by Mr. Allen, and voted 7/0 to approve the settlement case.

6. DN-1007-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1007-13/14 was as follows:
a) Parent Reimbursement: $13,600
b) Legal Cost: $15,000
The total cost for this case is not to exceed $28,600. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

7. DN-1008-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1008-13/14 was as follows:
a) Parent Reimbursement: $60,000
The total cost for this case is not to exceed $60,000. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

8. DN-1009-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1009-13/14 was as follows:
a)Legal Cost: $5,500
b) Parent Reimbursement: $7,500
The amended total cost for this case is not to exceed $13,000. It was moved by Mr.
Mechur, seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

9. DN-1005-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1005-13/14 was as follows:
a) LegalCost: $5,000
b)Parent Reimbursement: $17,789.48
The total cost for this case is not to exceed$ 22,789.48. It was moved by Dr. Escarce,
seconded by Ms. Lieberman, and voted 7/0 to approve the settlement case.

10. Student vs. SMMUSD, OAH Case No. 2013051152
Administrative Law Judge (ALJ) Eileen M. Cohn, determined on December 23, 2013 that the
SMMUSD must reimburse parents for all of their tuition costs for a Non-Public School (NPS)
along with reimbursement for all tutoring expenses.
These amounts exceed $56,970.99 in tuition reimbursement thus far, and does not include
approx. $70,000 inattorneys fees. This tuition will need to be reimbursed for 3-4 more years as well.

11. DN-1002-14/15 (Special Education)

Legal Fees: $70,000

The total cost for this case is not to exceed $70,000. It was moved by Ms. Lieberman, seconded by Mr. Patel, and voted 7/0 to approve the settlement case.

12. DN-1003-14/15 (Special Education)

Parent Reimbursement: $ 5,000/month (11/1/14 through 7/31/15)

The total cost for this case is not to exceed $45,000. It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarcewas absent) to approve the settlement case.

13. DN-1004-14/15 (Special Education)

Educational Evaluation Services: $11,485

Legal Fees: $TBD as per OAH Case No. 2014040578

It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarce was absent) to approve the settlement case.

14. DN-1005-14/15 (Special Education)

Parent Reimbursement: $2,200/month during school year (through 2019-2020 or whenever the student graduates from high school, whichever comes first) It was moved by Ms. Lieberman, seconded by Mr. Mechur, and voted 6/0 (Mr. de la Torre was absent) to approve the settlement case.

May 21, 2015

15. DN-1006-14/15 (Special Education)

Parent reimbursement (legal fees & other related costs): $9,000

The total cost for this case is not to exceed $9,000

It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms. Leon-Vazquez was absent) to approve the settlement case.

16. DN-1007-14/15 (Special Education)

Parent Reimbursement (educational placement & services): $55,000

The total cost for this case is not to exceed $55,000. It was moved by Dr. Tahvildaran-Jesswein, seconded by Mr. Foster, and voted 6/0(Ms. Leon-Vazquez was absent) to approve the settlement case.

JUNE 29, 2015

17. STUDENT vs. SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT

Case No. 13-55665
District Court No. 2:12-cv-03059-SVWPJW

THE DISTRICT COURT HELD THAT THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT VIOLATED A STUDENT’S RIGHTS TO A FREE APPROPRIATE PUBLIC EDUCATION WHEN IT CONDUCTED AN IEP MEETING WITHOUT THE PARENTS’ PRESENCE

*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

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

DN-1009-14/15 (Special Education)
Legal fees & other related costs: $215,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms.Leon-Vazquez was absent) to approve the settlement case. Ayes: 6 (Lieberman, Escarce, de la Torre, Foster, Tahvildaran-Jesswein, Mechur)
September 2, 2015

18. DN-1001-15/16 (Special Education)

Attorney fees: $26,000
The total cost for this case is not to exceed $26,000. It was moved by Mr. De la Torre, seconded byMs. Leon-Vazquez, and voted 7/0 to approve the settlement case. Ayes: 7
October 1, 2015
19. DN-1002-15/16 (Special Education) TBD

20. DN-1003-15/16 (Special Education)

Legal fees $5,000
21. DN-1004-15/16 (Special Education)
Parent reimbursement: $25,000
The new total cost for this case is not to exceed
$31,000
 
22. DN-1005-15/16 (Special Education) TBD
Parent reimbursement: $30,000
The new total cost for this case is not to exceed $36,000
October 15, 2015

23. DN-1006-15/16 (Special Education)

Legal fees: $ 34,500

Family reimbursement: $552

December 10, 2015
24. DN-1002-15/16 (Special Education)
(postponed from 11/19/15)
Legal fees: $137,500
The total cost for this case is not to exceed $137,500. It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case.
25. DN-1007-15/16 (Special Education)
Parent reimbursement: $16,920
Legal fees: $4,410
The total cost for this case is not to exceed $21,330.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case. Ayes: 6 (Lieberman, de la Torre, Leon- Vazquez, Foster, Tahvildaran-Jesswein, Mechur)
26. DN-1008-15/16 (Special Education)
Parent reimbursement: $18,500
Legal fees: $24,000
The total cost for this case is not to exceed $42,500.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr.
Escarce was absent) to approve the settlement case.

See link to Malibu Times Article Entitled “School Woes”

http://www.malibutimes.com/opinion/article_37232886-0af6-11e5-9805-c79129c3012e.html

See SMMUSD District Parent’s comment:

beachshopgirl posted at 12:07 pm on Mon, Jun 8, 2015.

The SMMUSD has an inordinate amount of due process cases (16 this school term). That would be the norm for a district five times this size. If they go that hard against the parents of children with disabilities that should tell everyone else something. The District will never stop fighting this lawsuit from all indications, regardless of the insane conclusion that is bound to occur. It’s pathetic that they are willing to burn down the village in an effort to avoid repairing it. It’s time for a new Board of Education, a new Superintendent and a new Director of Special Education Services. We need people in leadership that understand that tax dollars are not monopoly money and that this is not a private parts measuring contest.

Below is how the Santa Monica-Malibu Unified School District treats some of its Special Education families.

See link to Santa Monica Dispatch Article Concerning Santa Monica-Malibu Unified School Disrict’s Retaliatory Acts Against Students and Parents by filing false claims of child abuse with the Department of Children and Family Services:

http://www.santamonicadispatch.com/2009/01/smmusd-vs-student/

SMMUSD vs. Student

By Debra Shepherd

Good evening Council members. I am the parent of a child in general education and a child who requires special education services. I am also a member of the Working Group.

Although the non-disclosure agreements are no longer being used to my knowledge, the environment that brought about the use of those agreements still exists.

When a problem arises, there does not seem to be an ability to resolve the problem without input from the attorneys. Since November of 2008, the District has been more adversarial toward my family by threatening me with due process litigation at tax payers’ expense. The SMMUSD refuses to even acknowledge that my daughter has an autism spectrum disorder despite multiple pages of detailed assessments from UCLA in a school setting that have been a part of my child’s records for the last 4 years.

The District is also attempting to take needed services and accommodations out of my child’s educational program. I had to fight for two years for my daughter to receive occupational therapy services.

My extended family has also traveled thousands of miles to help me with these issues. The SMMUSD would rather spend thousands of tax payer dollars suing me than pay for a needed assessment for my child or provide her with a free and appropriate education as mandated by law.

I thought that we had reached our lowest point in the journey when school staff filed a false report against me with child services in retaliation against me for hiring an attorney. My youngest child is still not recovered from the trauma of that incident. I am also disturbed by the number of families of color that have left the district. When families of color complain about how they are treated by the district, their address is verified. This whole situation has taken a toll on my health and the well-being of my family.

See links to other litigation relating to other SMMUSD Retaliatory Acts:

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/

The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Hundreds of Thousands of Dollars and Causing Unnecessary Harm to These Special Education Families.

THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT AND THE JOINT POWERS AUTHORITY LIKES TO TAKE THE GLOVES OFF AND FIGHT PARENTS AND STUDENTS IN COURT WITHOUT REGARD TO THE MERITS OF THE CASE

According to this article, the Joint Powers Authority (JPA) will authorize or require a school district to fight a case in Court without regard to the merits of the case and do so to dissuade other Plaintiffs from bringing claims!
Case Number:  BC372092
DANIELLE BAEZ VS BURBANK UNIFIED SCHOOL DISTRICT ET AL
See: http://www.callawyer.com/2015/10/burbank-unified-school-district-lawsuit/
     The Burbank School District fought for 7 years and ultimately lost at jury trial and must pay a combined $5.5 million dollars award and attorneys fees.
     The October 2015 California Lawyers magazine talks about the school districts goal of making litigation so costly that it discourages OTHERS from trying the same thing in the future and that the JPA (Joint Powers Association) that administers school district liability policies fully supports this “take the gloves off type of fighting”
      A report by School Services of California, Inc., a Sacramento-based consulting firm with a clientele of public school agencies, found that in three school years, 1995–96 through 1997–98, some 650 California districts spent about $250 million on tort-liability expenses that “could have gone to essential education services.” The report, prepared for the American Tort Reform Association, noted, “Especially in the big-ticket lawsuits, settlement amounts are often overshadowed by attorney costs.” See Report here: schoolreport    
“THE JOINT POWERS AUTHORITY LIKES TO TAKE THE GLOVES OFF AND FIGHT”
“IT DOESN’T MATTER WHAT THE MERITS OF THE CASE MAY BE”

     John C. Manly, a veteran sexual-abuse litigator at Manly, Stewart & Finaldi in Irvine, says defending cases tooth and nail often has the blessing of the joint powers authorities (JPAs) that administer school district liability policies. “They like to take the gloves off and fight,” he says. “It doesn’t matter what the merits of the case may be.”

Manly believes many would-be plaintiffs have gotten the message. “If you’re a plaintiffs lawyer,” he says, “you know it’s going to cost you $250,000 to $500,000—and three to four years, if not more time—to get a real recovery. [The JPAs] know 95 percent or more of plaintiffs lawyers won’t take these cases.”

David M. Ring, of Taylor & Ring in Los Angeles, adds: “A lot of defendants, including school districts, will fight aggressively in hopes of dissuading the [plaintiff’s] lawyer from bringing another case against the same district down the road. It’s absolutely a tactic they use.”

PAST AND PRESENT SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT LITIGATION:
The Santa Monica Malibu Unified School District has conducted themselves in the exact same way as the Burbank Unified School District has, and does so with the blessing of the Joint Powers Authority (JPA)
1. America Unites for Kids & PEER vs. Santa Monica Malibu Unified School District
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 and PEER’s First Amended Complaint against the SMMUSD:

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

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 $13,000,000 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

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

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.
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.

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

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

The Santa Monica Malibu Unified School District appears to be more interested in attempting to silence their critics and 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.

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.

America Unites for Kids Prevails Against the Santa Monica Malibu Unified School District As The Court Orders the School District to Remove ALL PCBS

The Honorable Judge Percy Anderson ruled that Malibu High School & Juan Cabrillo Elementary have illegal levels of PCBs.

The court found them in violation of Federal Law: Toxic Substance Control Act

The court ordered the district to remove all PCBs by 2019.

This ruling confirms how unconscionable the School District has been to spend $13 million to avoid complying with federal law

See Court Order here:

AMERICA UNITES FOR KIDS vs. SMMUSD RE COURT GRANTS INJUNCTIVE RELIEF TO PLAINTIFF 2 15 cv 02124 PA-AJW

POINTS: FROM JUDGE PERCY ANDERSON:

“The Court concludes, based on common sense, that it is highly likely that the same products were used to construct each of the buildings on the Malibu Campus. As a result, for the buildings completed at the Malibu Campus prior to 1979, and at which certain locations have been tested and found to contain caulk with PCBs in excess of 50 ppm, it is more likely than not that caulk containing PCBs in excess of 50 ppm remain in “use” at the Malibu Campus in areas that have not been tested or repaired.”

“Although Defendants have removed and replaced the caulk from the specific areas and rooms identified in their testing as exceeding the 50 ppm threshold, and some other areas may have had doors and windows repaired or replaced after 1979, there is no evidence that all of the caulk in the buildings at the Malibu Campus constructed prior to 1979 has been tested or removed.”

JUDGE PERCY ANDERSON ORDERED THAT:

“Defendants are hereby permanently enjoined from using any office, classroom, or other structure at Juan Cabrillo Elementary School (‘JCES’) and Malibu Middle and High School (‘MHS’) (collectively the ‘Malibu Campus’) constructed prior to 1979 in which students, teachers, administrators, or staff are regularly present after December 31, 2019, unless all window and door systems and surrounding caulk at any such location has been replaced.”

2. 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/

3. 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.


                        4.Student vs. Santa Monica Malibu Unified School District:

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:

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 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. 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/

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.

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

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

6. SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT’S (SMMUSD) IRRESPONSIBILITY ENDANGERS OUR CHILDREN

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

See pdf attachment:

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.

1. In November 2011, the parents of four children accused Jennifer Becker, Juan Cabrillo Elementary special education teacher, of abusing their children. Four teacher’s aides witnessed these actions and the case is being investigated by the Los Angeles County Special Victims Bureau. SMMUSD administrators responded to only one of the many reported incidents and ignored the others. Sara Woolverton, SMMUSD special education director, told parents that the four teacher’s aides are not credible because they are committing a “mutiny.” http://chwe.net/safety/becker/

2. In May 2011, two Santa Monica HS students on the wrestling team locked an African American teammate to a locker, shouting “Slave for sale” and displaying a noose. They are currently being investigated on hate crime charges. Santa Monica HS administrators failed to inform the victim’s mother of the incident, tried to intimidate the victim by telling him that the wrestling program might be canceled, and destroyed cell phone pictures taken by other students of the noose. http://www.santamonicadispatch.com/2011/06/smmusd-said-to-deny-civil-rights-of-students/

3. Ari Marken, Santa Monica HS teacher, sexually harassed a thirteen-­‐year-­‐old girl in December 2008. The SMMUSD has refused to release any information about Mr. Marken’s violation, in violation of California state law, and illegally delayed its response in order to allow Mr. Marken to try to stop or further delay the release of this information. http://chwe.net/safety/marken/

4. Thomas Beltran, former Lincoln MS teacher, was convicted in December 2008 of sexually molesting eleven Lincoln students over a period of more than ten years. However, a student complained about Mr. Beltran two years earlier, in March 2006. Even though this March 2006 complaint was serious enough to deserve a police investigation, the SMMUSD removed all records of this complaint and claimed complete ignorance after Mr. Beltran was arrested. The SMMUSD has refused to answer any questions about its handling of the March 2006 complaint. http://chwe.net/safety/beltran/

5. Carl Hammer, former Santa Monica HS band director, was convicted of a felony involving a fourteen-­‐year-­‐old girl in June 2005. After he was fired from his position in the SMMUSD, he continued to be paid by the Santa Monica HS band program to write musical arrangements for the band, using money from parent donations, with the full knowledge of SMMUSD administrators. No SMMUSD staff member has ever taken responsibility for re-­‐hiring Dr. Hammer after his conviction. http://chwe.net/safety/hammer/

6. Mike Hearn, former Santa Monica HS assistant coach, was convicted in October 2005 on nine sex-­‐related felony charges involving two 15-­‐year-­‐old Santa Monica HS students and another 17-­‐year-­‐old girl. http://chwe.net/safety/hearn/smdp100605a.pdf

On May 21, 2008, ten parents wrote a letter to SMMUSD Supt. Dianne Talarico asking 14 questions about the SMMUSD’s handling of the case of Lincoln MS teacher Thomas Beltran, who was later convicted of sexually molesting eleven Lincoln students over a period of more than ten years. On May 30, 2008, Supt. Talarico responded saying that “The active investigation status of this case prohibits the district from responding to many of your questions at this time.” We never received a further response. On September 2, 2010, long after the criminal case against Mr. Beltran was resolved, I wrote to Superintendent Tim Cuneo asking for the district to now answer our questions. Supt. Cuneo never responded. http://chwe.net/safety/beltran/chwe20080521.pdf

On December 7, 2010, over 150 SMMUSD parents wrote a letter to Supt. Tim Cuneo and Santa Monica HS principal Dr. Hugo Pedroza asking for information about Mr. Ari Marken, a Santa Monica HS teacher who was found by the SMMUSD to have sexually harassed a thirteen-year-old ninth grade girl in one of his geometry classes. Supt. Cuneo and Dr. Pedroza did not respond. (http://chwe.net/safety/marken/). The parents of the girl have never been given any information about the results of the SMMUSD investigation apart from this letter saying that Mr. Marken violated SMMUSD policy 5145.7. However on January 24, 2012, 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.” See http://chwe.net/safety/marken/marken.pdf

The SMMUSD has destroyed evidence concerning harassment of children

Several Santa Monica HS students took cell phone pictures of the noose in the wrestling team practice room. These pictures were essential evidence, as the display of a noose to terrorize another person is a specific crime under California Penal Code section 11411. However, without reporting the matter to the police, Santa Monica HS administrators confiscated students’ phones and destroyed the pictures. http://chwe.net/safety/wrestling/smdp20110617.pdf

The SMMUSD has asked parents to destroy emails and not talk to each other about teacher sexual harassment of children

On August 31, 2010, SMMUSD Supt. Tim Cuneo sent a memo to parents asking them to destroy an email which Mr. Patrick DeCarolis, attorney for the 13-year-old girl sexually harassed by Mr. Marken, sent to parents on August 30, 2010, asking for help and information. This email was communication entirely between private citizens. Supt. Cuneo felt that he had the authority to write: “Please destroy all copies of the email and do not forward it or discuss the content of the email with others.” http://chwe.net/safety/marken/cuneo20100831.pdf

The SMMUSD removed evidence of child abuse from its own records

In March 2006, an eighth-grade Lincoln MS student made a written complaint about Thomas Beltran, two years before he was arrested for sexually molesting students. However, on May 8, 2008, after Mr. Beltran’s arrest, Asst. Supt. Mike Matthews said that “this is all new to us” and said that there were no complaints about Mr. Beltran in his personnel file. One might expect that a handwritten student letter about a possibly abusive teacher would be among the most sensitive and crucial of all records kept by a school district. On February 28, 2011, SMMUSD attorneys wrote that the district did not have a copy of the student’s letter. http://chwe.net/safety/beltran/aalrr20110228.pdf

The SMMUSD has impugned the testimony of its own employees who report child abuse

On October 22, 2011, teacher’s aides in the special education classroom at Cabrillo ES informed parents that the special education teacher Jennifer Becker was abusing their children. On October 28, 2011, the parents of four students met with SMMUSD director for special education Sara Woolverton. At this meeting, Dr. Woolverton stated that the four teacher’s aides were not credible and not trustworthy, and were committing a “mutiny” because Ms. Becker was making them work. http://chwe.net/safety/becker/

The SMMUSD has ordered teacher’s aides to not talk to parents

Melissa Winder, teacher’s aide in the Cabrillo ES special education class, states that Bekah Dannelly, SMMUSD special education coordinator, visited the special education classroom to order the teacher’s aides to not talk, text, or call the parents of the special education students.

The SMMUSD has tried to intimidate students and parents

After the hate crime incident involving two members of the wrestling team, Santa Monica HS H House principal Leslie Wells told the victim that “The incident could get the whole wrestling program canceled.” The victim did not tell his mother about the incident, reportedly because he did not want “to make a big deal out of it.”

On September 8, 2010, I wrote Supt. Cuneo asking specifically whether parents are legally obligated to destroy Mr. DeCarolis’s email. In his reply on September 9, 2010, Supt. Cuneo wrote: “The further dissemination of inaccurate information, which may include slanderous accusations, comes with it legal risk or liability. As such, the District response to the recipients about the information did not mince words in describing the seriousness of further dissemination.” Supt. Cuneo did not make any specific claim that anyone said anything slanderous. His response was nothing more than an attempt to intimidate.

The agreement between the SMMUSD and the Santa Monica Malibu Classroom Teachers Association states that if a student or parent wants to file a complaint against a teacher, the teacher can request a meeting. However, “if the complainant refuses to attend the meeting, the complaint shall neither be placed in the unit member’s personnel file nor utilized in any evaluation, assignment, or disciplinary or dismissal action against the unit member.” This policy is a license for intimidation. Very few children, or even adults, would be courageous enough to make a complaint against a teacher knowing that they would have to then meet the teacher face to face.

The SMMUSD has tried to mislead parents about their legal rights

After Supt. Tim Cuneo asked parents to destroy and not talk about an email sent to them by Mr. Patrick DeCarolis concerning Mr. Ari Marken’s sexual harassment of a 13-year-old girl. One must conclude that the SMMUSD is willing to intentionally mislead parents. Of course no parent is legally obligated to destroy any emails, regardless of implications for the district. The SMMUSD has no business telling parents what they can and cannot talk about. See Chwe email to SMMUSD Superintendent dated September 8, 2010. http://chwe.net/safety/marken/chwe20100908.pdf

The SMMUSD has publicly misrepresented its own legal obligations

After over 150 parents wrote a letter on December 7, 2010 to Supt. Tim Cuneo and Santa Monica HS principal Dr. Hugo Pedroza asking for information about the SMMUSD’s finding that Mr. Ari Marken had sexually harassed a 13-year-old girl, Supt. Cuneo stated in a newspaper interview that the SMMUSD could not legally disclose details about the case. However, in its court filings, the SMMUSD admits that they are legally required to release this information. http://chwe.net/safety/marken/aalrr20111029.pdf

The SMMUSD has violated California state law

Under California Penal Code 11165.7, school personnel are legally required to report suspected child abuse to police. In the case of the alleged abuses in the special education classroom at Cabrillo ES, no one reported Ms. Becker’s actions to the police until the parents, informed by the teacher’s aides, reported it themselves.

The SMMUSD delayed in order to allow Mr. Marken to try to obtain a court order to stop the release of the records, ignoring the California Supreme Court ruling in Filarsky v. Superior Court (2002) that “the exclusive procedure for litigating the issue of a public agency’s obligation to disclose records to a member of the public” is a lawsuit initiated by the person requesting the records. http://ag.ca.gov/publications/summary_public_records_act.pdf

By not releasing the records concerning Mr. Marken’s violation, the SMMUSD is in violation of long-standing case law, including AFSCME Employees v. Regents of University of California (1978), which establishes that records concerning the actions of public employees who have been disciplined must be disclosed to the public. http://caselaw.findlaw.com/ca-court-of-appeal/1592245.html

The agreement between the SMMUSD and the Santa Monica Malibu Classroom Teachers Association states that if a student or parent wants to file a complaint against a teacher, no record of the complaint will be kept unless the student or parent agrees to a meeting with the teacher. This violates the California Code of Regulations Title 5, Section 4621, which states that “local policies shall ensure that complainants are protected from retaliation and that the identity of a complainant alleging discrimination remain confidential as appropriate.”

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

The Santa Monica-Malibu Unified School District

Board of Education

SPECIAL EDUCATION SETTLEMENTS

NOVEMBER 2013-DECEMBER 2015

Pursuant to Government Code §54956.9(d)(2)

1. DN-1001-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1001-13/14 was as follows:
a) Legal Costs: $16,000
The total cost for this case is not to exceed $16,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

2. DN-1002-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1002-13/14
was as follows:
a) Legal Costs: $14,000
The total cost for this case is not to exceed $14,000. It was moved by Mr. Mechur,
seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre was absent) to approve the
settlement case.

3. DN-1003-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1003-13/14 was as follows:
a) Legal Costs: $6,500
The total cost for this case is not to exceed $6,500.
It was moved by Mr. Mechur, seconded by Mr. Patel, and voted 6/0 (Mr. de la Torre
was absent) to approve the settlement case.

4. DN-1004-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1004-13/14 was as follows:
a) Parent Reimbursement: $38,000
The total cost for this case is not to exceed $38,000. It was moved by Dr. Escarce,
seconded by Mr. de la Torre, and voted 7/0 to approve the settlement case.

5. DN-1006-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1006-13/14 was as follows:
a) Parent Reimbursement: $19,000
The total cost for this case is not to exceed $19,000. It was moved by Ms. Lieberman,
seconded by Mr. Allen, and voted 7/0 to approve the settlement case.

6. DN-1007-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1007-13/14 was as follows:
a) Parent Reimbursement: $13,600
b) Legal Cost: $15,000
The total cost for this case is not to exceed $28,600. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

7. DN-1008-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1008-13/14 was as follows:
a) Parent Reimbursement: $60,000
The total cost for this case is not to exceed $60,000. It was moved by Mr. Mechur,
seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

8. DN-1009-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1009-13/14 was as follows:
a)Legal Cost: $5,500
b) Parent Reimbursement: $7,500
The amended total cost for this case is not to exceed $13,000. It was moved by Mr.
Mechur, seconded by Dr. Escarce, and voted 7/0 to approve the settlement case.

9. DN-1005-13/14 (Special Education)
The substance of settlement agreement in case No. DN-1005-13/14 was as follows:
a) LegalCost: $5,000
b)Parent Reimbursement: $17,789.48
The total cost for this case is not to exceed$ 22,789.48. It was moved by Dr. Escarce,
seconded by Ms. Lieberman, and voted 7/0 to approve the settlement case.

10. Student vs. SMMUSD, OAH Case No. 2013051152
Administrative Law Judge (ALJ) Eileen M. Cohn, determined on December 23, 2013 that the
SMMUSD must reimburse parents for all of their tuition costs for a Non-Public School (NPS)
along with reimbursement for all tutoring expenses.
These amounts exceed $56,970.99 in tuition reimbursement thus far, and does not include
approx. $70,000 inattorneys fees. This tuition will need to be reimbursed for 3-4 more years as well.

11. DN-1002-14/15 (Special Education)

Legal Fees: $70,000

The total cost for this case is not to exceed $70,000. It was moved by Ms. Lieberman, seconded by Mr. Patel, and voted 7/0 to approve the settlement case.

12. DN-1003-14/15 (Special Education)

Parent Reimbursement: $ 5,000/month (11/1/14 through 7/31/15)

The total cost for this case is not to exceed $45,000. It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarcewas absent) to approve the settlement case.

13. DN-1004-14/15 (Special Education)

Educational Evaluation Services: $11,485

Legal Fees: $TBD as per OAH Case No. 2014040578

It was moved by Ms. Lieberman, seconded by Dr. Tahvildaran-Jesswein, and voted 5/0 (Dr. Escarce was absent) to approve the settlement case.

14. DN-1005-14/15 (Special Education)

Parent Reimbursement: $2,200/month during school year (through 2019-2020 or whenever the student graduates from high school, whichever comes first) It was moved by Ms. Lieberman, seconded by Mr. Mechur, and voted 6/0 (Mr. de la Torre was absent) to approve the settlement case.

May 21, 2015

15. DN-1006-14/15 (Special Education)

Parent reimbursement (legal fees & other related costs): $9,000

The total cost for this case is not to exceed $9,000

It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms. Leon-Vazquez was absent) to approve the settlement case.

16. DN-1007-14/15 (Special Education)

Parent Reimbursement (educational placement & services): $55,000

The total cost for this case is not to exceed $55,000. It was moved by Dr. Tahvildaran-Jesswein, seconded by Mr. Foster, and voted 6/0(Ms. Leon-Vazquez was absent) to approve the settlement case.

JUNE 29, 2015

17. STUDENT vs. SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT

Case No. 13-55665
District Court No. 2:12-cv-03059-SVWPJW

THE DISTRICT COURT HELD THAT THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT VIOLATED A STUDENT’S RIGHTS TO A FREE APPROPRIATE PUBLIC EDUCATION WHEN IT CONDUCTED AN IEP MEETING WITHOUT THE PARENTS’ PRESENCE

*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

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

DN-1009-14/15 (Special Education)
Legal fees & other related costs: $215,000
It was moved by Mr. Mechur, seconded by Ms. Lieberman, and voted 6/0 (Ms.Leon-Vazquez was absent) to approve the settlement case. Ayes: 6 (Lieberman, Escarce, de la Torre, Foster, Tahvildaran-Jesswein, Mechur)
September 2, 2015

18. DN-1001-15/16 (Special Education)

Attorney fees: $26,000
The total cost for this case is not to exceed $26,000. It was moved by Mr. De la Torre, seconded byMs. Leon-Vazquez, and voted 7/0 to approve the settlement case. Ayes: 7
October 1, 2015
19. DN-1002-15/16 (Special Education) TBD

20. DN-1003-15/16 (Special Education)

Legal fees $5,000
21. DN-1004-15/16 (Special Education)
Parent reimbursement: $6,000
22. DN-1005-15/16 (Special Education) TBD
Parent reimbursement: $6,000
October 15, 2015

23. DN-1006-15/16 (Special Education) TBD

December 10, 2015
24. DN-1002-15/16 (Special Education)
(postponed from 11/19/15)
Legal fees: $137,500
The total cost for this case is not to exceed $137,500. It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case.
25. DN-1007-15/16 (Special Education)
Parent reimbursement: $16,920
Legal fees: $4,410
The total cost for this case is not to exceed $21,330.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr. Escarce was absent) to approve the settlement case. Ayes: 6 (Lieberman, de la Torre, Leon- Vazquez, Foster, Tahvildaran-Jesswein, Mechur)

 

26. DN-1008-15/16 (Special Education)
Parent reimbursement: $18,500
Legal fees: $24,000
The total cost for this case is not to exceed $42,500.
It was moved by Ms. Leon-Vazquez, seconded by Mr. Foster, and voted 6/0 (Dr.
Escarce was absent) to approve the settlement case.

See link to Malibu Times Article Entitled “School Woes”

http://www.malibutimes.com/opinion/article_37232886-0af6-11e5-9805-c79129c3012e.html

See SMMUSD District Parent’s comment:

beachshopgirl posted at 12:07 pm on Mon, Jun 8, 2015.

The SMMUSD has an inordinate amount of due process cases (16 this school term). That would be the norm for a district five times this size. If they go that hard against the parents of children with disabilities that should tell everyone else something. The District will never stop fighting this lawsuit from all indications, regardless of the insane conclusion that is bound to occur. It’s pathetic that they are willing to burn down the village in an effort to avoid repairing it. It’s time for a new Board of Education, a new Superintendent and a new Director of Special Education Services. We need people in leadership that understand that tax dollars are not monopoly money and that this is not a private parts measuring contest.

Changes Continue for SMMUSD Special Ed

http://webcache.googleusercontent.com/search?q=cache:n6Ov6EJhbQoJ:smdp.com/continue-smmusd-special-ed/148784+&cd=7&hl=en&ct=clnk&gl=us

SMMUSD District Parent’s Comment about Special Education Director Dr. Sara Woolverton Leaving the Santa Monica Malibu Unified School District

Debra Shepherd ·

Finally! There have been complaints about Sara Woolverton from Santa Monica to Malibu for the last six years. Now, that the District is in trouble financially, they decide to replace her. No one in the administration or on the Board cared about the bigoted comments that she made about children with special needs or their parents. No one cared about all of the complaints about this woman from outside agencies and service providers. No one cared about the parents who came to me and the other members of the Special Education District Advisory Committee with complaints about the way that they had been treated by Woolverton. No one cared about the ridiculous amount of litigation involving the Special Education Department. No one cared about the staff who left the District because of Woolverton’s behavior. No one cared about the black parents who came to me with tears and broken spirits when Woolverton was the Director. They only cared when the budget was impacted. Shame on you SMMUSD for not caring about kids with special needs and their parents BUT good on you for giving walking papers to Sara Woolverton. It’s what she deserves. We’re having a party at my house!!! 20 June 2015 12:05

The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Millions of Dollars and Causing Unnecessary Harm to All of These Families

IT’S TIME TO FIRE THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT’S 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

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.

Santa Monica-Malibu Unified School District Superintendent Sandra L. Lyon was granted a new three-year contract Wednesday, raising her salary to $239,200 annually, among the highest in California. Sandra Lyon’s total compensation including fringe benefits is hard to determine, although it was put at $282,030 in 2013, according to Transparent California, a website that tracks salary and other compensation for public employees throughout the state.
For details, go to:

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

The City of Malibu Unanimously Passes a Resolution to Break Away from the Santa Monica Malibu Unified School District to Form an Independent Malibu Unified School District

See link to the City of Malibu’s Resolution:

https://lawofficesofbarryfagan.files.wordpress.com/2015/09/cc150916_item-1.pdf

CC150916_Item-1

Malibu City Council: Resolution to form Malibu Unified School District (MUSD) passes unanimously.

Members of the Malibu City Council unanimously voted to approve a resolution that authorizes a petition to the Los Angeles County Superintendent of Schools for the unification of a Malibu Unified School District.

The resolution represented one of three routes that AMPS is taking to form a new Malibu Unified School District (MUSD), although only one route is required.

The other two routes AMPS is following involve circulating a petition to Malibu residents to demonstrate that a majority of voters in Malibu desire an MUSD, as well as unanimous vote from the current board members of the Santa Monica-Malibu Unified School District.

AMPS president Karen Farrer said she considered the build-up to the council’s vote a “historic” moment.

“I personally consider this a historic moment,” she said. “I want everyone to know this is a critical issue for the entire community [and] the resident of the Malibu area of the district, which includes everyone in unincorporated Malibu, as well as those within city limits.”

Farrer also linked Malibu’s cityhood in 1991 to the formation of its own school district.

“I think everyone in the room would agree that our schools are among the most important assets of our community,” she said. “Just as the time came in 1991 for Malibu to gain local control as a municipality, the time has come for our schools to do the same.”

Manel Sweetmore, an AMPS member who sits on the SMMUSD’s Financial Oversight Committee, also compared the unification of Malibu’s public schools to Malibu’s gain of local control as a city.

“As a community, we’ve been growing over the last several years, and independence as a city was a big part of that,” he said. “[Unifying Malibu’s schools] is a step we’re looking forward to from an education perspective. It allows the community to take charge of the fate of the education of our children, which is one of the most important things we can do in regards to building a strong and prosperous community.

“It also allows us to live and educate by the values of our community. Every community can have its different values and focuses, and one can argue that today, educators in our schools can’t do that.”

Jeff Kletter, a member of AMPS, alluded that the SMMUSD’s handling of the rodenticide and polychlorinated biphynel (PCB) respective usage and cleanup issues has clashed with some sectors of the Malibu community, demonstrating a sense of disenfranchisement felt by some Malibu residents under the current system.

“I believe what we’re doing is the right thing, because when you see the rodenticide issue or the PCB issue, ultimately we can make those decisions as a community, and that’s what I’m hoping for,” he said.

Melanie Goudzwaard, another member of AMPS, said she moved to Malibu a year after it gained its cityhood, but said she saw the importance of local control of public entities and services.

“I never thought I would be involved with educational issues, but having had a daughter go through the school system … this has become a huge thing for me,” Goudzwaard said. “My daughter won’t benefit much out of this, she’ll be gone … but, this is for the good of the community. Maybe for my grandchildren or your grandchildren, [but] this is for the good of the community.”

Goudzwaard also alluded to a sense of disenfranchisement felt in the Malibu community.

“Things will never improve for us as long as we’re part of the Santa Monica Malibu Unified School District,” she said. “We need our own Malibu Unified School District, and with your help, and the help of the Malibu community, we’ll get it and make it happen.”

Other SMMUSD Litigation, and Errors in Judgment:

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

1. Student v Wendy Wax Gellis & SMMUSD:

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

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

Shame on you and the district for continuing to attempt to bamboozle the parents and spending our hard earned tax dollars on lawyers and PR and outrageous and ineffective testing.

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/

incorrect-PE-rooms-remediated

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. 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/

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

https://lawofficesofbarryfagan.wordpress.com/2015/09/21/the-santa-monica-malibu-unified-school-districts-classroom-teachers-association-urges-smmusd-officials-to-consider-the-wellbeing-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.” 16 September 2015 20:20  See link: http://smdp.com/concerns-classroom-temps-heat/150774

10. 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 $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

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. 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.”

12. 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:

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, and is just one of the reasons why the City of Malibu has passed this resolution.

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