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’s Classroom Teachers Association Urges SMMUSD Officials to Consider the Wellbeing of its Children and Staff

See Malibu High School Teachers begging the Santa Monica Unified School Board of Education to care about the well being of its teachers and students

See 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.”

The SMMUSD has literally spent over $8 million dollars on attorneys fees and consultants, and they just do not care enough about the health and safety of their students and staff. 

See link:  Purchase-Orders-Approved-at-Board-Meetings2

See link to Santa Monica Daily Press News Article dated September 16, 2015:

Concerns over classroom temps heat up

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 & 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/

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 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

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.

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/

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. 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!

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

See link to Resolution here: CC150916_Item-1

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. 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 this continuing harm.

It’s time to fire Superintendent Sandra Lyon

Santa Monica Malibu Unified School District’s Superintendent Sandra Lyon Ordered the Use of Fumitoxins and Strychnine at Malibu High School, Juan Cabrillo and Webster Elementary Schools Despite Hundreds of Letters From Parents in Protest

Malibu Parent’s Letter: Protecting Children

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

I am the mother of a child in the TK class and a new Webster parent.

It sickens me to think my husband and I moved to Malibu specifically to have our child attend a wonderful public school like Webster and that already after her first 48 hours of attending the school, we had to pull her out because of your poor decisions regarding the unnecessary use of rodenticides on the campus.

No child should be breathing in these chemicals or accidentally exposed, but she of all children cannot take the risk of being exposed to these chemicals due to being asthmatic and highly sensitive to environmental allergens.

We moved to Malibu under the assumption we were putting our tax dollars toward a school that was both high quality in education and a safe place for children. Instead, already a couple of days into the school year, our experience has been spoiled. Malibu is a health conscious community, and you being the superintendent should know that and be respectful of the wishes of our city and our philosophies. 

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. 

You act more like a CEO of a chemical company than a superintendent. How many lawsuits and violations do you have against you? You are supposed to be serving the public, not using our money to legally defend your indefensible actions. Have you ever thought that maybe all this chaos your face is of your own making? 

We are not looking for minimum protection, we are looking for maximum protection. These are our children — do you understand this?

Once again, you have poisoned precious humans with cancer-causing agents and seem to have not one regret. A child’s development and toxic exposure have no do-overs, and education and raising children are about teaching by example. Both Santa Monica and Malibu deserve a leader who walks her talk and teaches our children through her actions by standing for the principles and values of the communities to which she serves.

Stacie Cox

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

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

Freedom Of Info Act Dec 22-1

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

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 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

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.

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/

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

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

11200986_700561446719884_1823505260638714771_o

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 has been spent on lawyers and consultants thus far and still rising!

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.

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

See link to Resolution here: CC150916_Item-1

11. 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’s Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers from all of this continuing harm.

It’s time to fire Superintendent Sandra Lyon

The Santa Monica-Malibu Unified School District’s SPECIAL EDUCATION SETTLEMENTS FROM NOVEMBER 2013 TO DECEMBER 2015

The Santa Monica-Malibu Unified School District

Board of Education

SPECIAL EDUCATION SETTLEMENTS

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 in attorneys 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)

See the Related United States District Court Case under Case No. 2:14-cv-06823-CBM-MRW

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/

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 pdf attachment: Re: Minutes from November 2013 to May 2015:

Santa Monica-Malibu Unified School District Board of Education Meeting MINUTES NOVEMBER 2013 TO MAY 2015

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 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/

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 Link to Other SMMUSD Retaliatory Acts and Pending Litigation:

Student v Wendy Wax Gellis & SMMUSD:

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 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.

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 Achievement Gap in API scores by Race/Ethnicity is Among the Worst in California

The Santa Monica Malibu Unified School District’s Achievement Gap in API scores by Race/Ethnicity is Among the Worst in All of California.

2012 and 2013 Statistics on SMMUSD Race/Ethnicity Achievement Gaps
Based on API Scores and Education West Report Cards

SMMUSD Achievement Gap in API scores by Race/Ethnicity 2012 and 2013

                                                           API Scores                         Size of Gap (Relative to White Students)    

                                                    2012             2013___                              2012              2013_________

White Students*                       907                 907                                          –                      –

Latino Students*                       784                 791                                    123                   116

African-American Students*   735                 746                                    172                   161

*does NOT include English Language Learners
______________________________________________________________________________
Source:  
SARC Report Card 2014 for SMMUSD (cited in the SaMoHi SARC: page 5, column 2)
http://www.smmusd.org/SARC/SARC2014/SAMOSARC14.pdf

2012 and 2013 Statistics on SaMoHi Race/Ethnicity Achievement Gaps
Based on API Scores and Education West Report Cards

SaMoHi Achievement Gap in API scores by Race/Ethnicity 2012 and 2013

                                                           API Scores                         Size of Gap (Relative to White Students)    

                                                    2012             2013___                              2012              2013____________

White Students*                       870                877                                          –                      –

Latino Students*                       769                 762                                   101                   115

African-American Students*   675                 689                                   195                  188

*does NOT include English Language Learners
______________________________________________________________________________
Source:  
SARC Report Card 2014 for SaMoHi (cited in the SaMoHi SARC: page 5, columns 1 and 6)
http://www.smmusd.org/SARC/SARC2014/SAMOSARC14.pdf


Education West Grades for SMMUSD Relative to Other School Districts in California

                                                                      2012                    __         ___                    2013______________
Overall Grade:                                                                                           C

White/African-American Gap   F   (among worst 3% in CA)                 F (among worst 6% in CA)

White/Latino Gap                       F   (among worst 15% in CA)               D (among worst 18% in CA)

______________________________________________________________________________Sources: 
EdWest Report Card 2012 for SMMUSD
http://reportcards.edtrustwest.org/district-data?county=Los+Angeles&district=Santa+Monica-Malibu+Unified&report_year=2012

EdWest Report Card 2013 for SMMUSD
http://reportcards.edtrustwest.org/district-data?county=Los+Angeles&district=Santa+Monica-Malibu+Unified&report_year=2013

Understanding the Academic Performance Index (API)

https://www.ed-data.k12.ca.us/pages/understandingtheapi.aspx

See attached California Department of Education’s Adequate Yearly Progress Standards for 2013 & 2014:

California Department of Education 2013 2014 Data for the Santa Monica Malibu Unified School District

The Santa Monica Malibu Unified School District has Failed to Meet the California Department of Education’s Adequate Yearly Progress Standards

The Santa Monica Malibu Unified School District’s Achievement Gap in API scores by Race/Ethnicity is Among the Worst in All of California.

Grades for Santa Monica-Malibu Unified School District Relative to Other School Districts in California

                                                                     2012                    __         ___                    2013______________

White/African-American Gap   F   (among worst 3% in CA)                 F (among worst 6% in CA)

White/Latino Gap                            F   (among worst 15% in CA)               D (among worst 18% in CA)

See attached achievement gap charts by Race/Ethnicity:

SMMUSD ACHIEVEMENT GAP IN API SCORES AMONG THE WORST IN CALIFORNIA

The Santa Monica Malibu Unified School District (SMMUSD) has failed to meet its adequate yearly progress (AYP) obligations in Mathematics and Language Arts in both their High Schools and Elementary Schools . The results are even worse for their minority students and socio-economically disadvantaged students throughout the district.

Under the federal No Child Left Behind Act (NCLB), schools must make “adequate yearly progress” (AYP) in several areas, based primarily on student performance and participation.

Performance: Each year the percent of students in each subgroup scoring “proficient” or above in English/language arts and mathematics on standardized tests must meet or exceed target percentages known as “annual measurable objectives” (AMOs)

Malibu High School, Santa Monica High School along with John Muir Elementary and Will Rogers Elementary Schools, are designated as high schools and elementary schools for AYP reporting, and they have not met all requirements for 2013 and 2014 Adequate Yearly Progress as determined by the California Department of Education.

Proficiency levels are measured using the California Standards Tests for elementary and middle schools and the California High School Exit Exam for high schools. Target percentages are known as “annual measurable objectives” (AMOs).

The AMOs for high schools is 88.9% in English/language arts and 88.7% in mathematics.

The AMOs for elementary schools is 89.2% in English/language arts and 89.5% in mathematics.

Malibu High School

According to the California Department of Education, Malibu High School’s AYP Math Score of 72.6% has failed to meet its 88.7% AYP obligations in 2013.

According to the California Department of Education, Malibu High School’s AYP Math Score of 59.2% for its Latino Students has failed to meet its 88.7% AYP obligations in 2013.

According to the California Department of Education, Malibu High School’s AYP Language Arts Score of 65.8% for its Latino Students has failed to meet its 88.9% AYP obligations in 2013.

According to the California Department of Education, Malibu High School’s AYP Language Arts Score of 72.2% for its Socioeconomically Disadvantaged students has failed to meet its 88.9% AYP obligations in 2013.

According to the California Department of Education, Malibu High School’s AYP Math Score of 57.8% for its Socioeconomically Disadvantaged students has failed to meet its 88.7% AYP obligations in 2013.

Santa Monica High School

According to the California Department of Education, Santa Monica High School’s AYP Math Score of 72.2% has failed to meet its 88.7% AYP obligations in 2013. (68% for 2014)

According to the California Department of Education, Santa Monica High School’s AYP Language Arts Score of 75.5% has failed to meet its 88.9% AYP obligations in 2013. (71.2% in 2014)

According to the California Department of Education, Santa Monica High School’s AYP Language Arts Score of 59.8% for its Latino Students has failed to meet its 88.9% AYP obligations in 2013. (54.6% in 2014)

According to the California Department of Education, Santa Monica High School’s AYP Math Score of 58.1% for its Latino Students has failed to meet its 88.7% AYP obligations in 2013. (55.5% in 2014)

According to the California Department of Education, Santa Monica High School’s AYP Language Arts Score of 57.7% for its Socioeconomically Disadvantaged has failed to meet its 88.9% AYP obligations in 2013. (48% in 2014)

According to the California Department of Education, Santa Monica High School’s AYP Math Score of 57.5% for its Socioeconomically Disadvantaged has failed to meet its 88.7% AYP obligations in 2013. (47.7% in 2014)

STAR-Percent of Students Scoring at Proficient or Advanced

Malibu High School

Subject

Mathematics

60%

STAR-Percent of Students Scoring at Proficient or Advanced

Santa Monica High School

Subject

Mathematics

38%

Source: California Department of Education: Analysis, Measurement, and Accountability Reporting Division,

(AYP: apr13adb, 9/19/13; Title I: schlpi13, 9/19/13);(2012-13 SARC Research Files).

See link to California Department of Education Data for 2014:

http://dq.cde.ca.gov/dataquest/Acnt2014/2014APRSchAYPReport.aspx?allcds=19649801938000

See attached charts for Santa Monica High School, Malibu High School, John Muir & Will Rogers Elementary’s AYP data.

SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT ’S 2013 ADEQUATE YEARLY PROGRESS (AYP) RESULTS

See attached Chart for Santa Monica High School’s 2014 AYP data:

SANTA MONICA HIGH SCHOOL 2014 ANNUAL YEARLY PROGRESS REPORT

Understanding the Academic Performance Index (API)

https://www.ed-data.k12.ca.us/pages/understandingtheapi.aspx