The Santa Monica Malibu Unified School District has Violated their Own Least-Hazardous Integrated Pest Management (IPM) Policy by Using Sulfuryl fluoride (Vikane) in their Elementary Schools

See PDF copy of the Santa Monica Malibu Unified School District’s Revised Integrated Pest Management Program discussing the District’s adoption of a Least-Hazardous Integrated Pest Management (IPM) Policy.

IPM-RevisedMay2011

It is the policy of the District to focus and develop long-term pest prevention methods and give “non-chemical” methods first consideration when selecting appropriate control measures. The full range of alternatives will be considered, giving preference to non-chemical methods, and then chemicals that pose the least hazard to people and the environment.

Despite these written policies and procedures the SMMUSD has ordered the use of Vikane (Sulfuryl fluoride) in their elementary schools!

See links to:

https://en.wikipedia.org/wiki/Sulfuryl_fluoride

Sulfuryl Fluoride Regulatory Documents and Activities

See PDF copy of the News Article Entitled:

Police Called on Moms, as Exterminators Poison Termites at Roosevelt Elementary School

Police Called on Moms, as Exterminators Poison Termites at Roosevelt Elementary School – Santa Monica Observer

See Link to News Article:

http://www.smobserved.com/story/2017/04/01/news/police-called-on-moms-as-exterminators-poison-termites-at-roosevelt-elementary-school/2790.html

The SMMUSD continues to show a blatant disregard to the health and well being of its Teachers and Students!

  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, staff 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

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

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.

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.

Email the SMMUSD Board of Education and tell them to STOP poisoning our children and teachers!

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

brd@smmusd.org

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

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.

Judgment and Permanent Injunction against the Santa Monica Malibu Unified School District:

See Court Order here:

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

AMERICA UNITES FOR KIDS vs .SMMUSD RE FINDINGS OF FACTS AND CONCLUSIONS OF LAW 2 15 cv 02124 PA-AJW

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!

Email the Santa Monica Unified School District’s Board of Education and tell them to stop wasting our money and destroying lives:

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 HAS VIOLATED ITS OBLIGATION TO PROVIDE ITS TEACHERS AND STAFF WITH A SAFE WORKPLACE

Employers in Any Field Have a Responsibility to Provide a Reasonably Safe Workplace

This usually includes preventing unnecessary toxic exposure. When employers show negligence in their duty, the exposed worker may suffer lost wages, medical expenses, permanent disability or even an untimely death. Without action to uncover contributing causes to a worker’s injury, this suffering may be experienced by many workers. An attorney with experience in workers’ compensation cases may be able to aid in the investigation and pursue wrongful death or injury claims against the negligent employer.

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

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:

https://youtu.be/UYn6RZA0l9k

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

“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.

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

Malibu Teachers to District: Test For More Toxins

A group of around 30 Malibu teachers has partnered with a Washington D.C. group to pressure the local school district to conduct full toxin assessments of Juan Cabrillo, Malibu High and Malibu Middle schools.

See Malibu Times News Article: http://www.malibutimes.com/news/article_26d782d4-5601-11e3-be02-0019bb2963f4.html

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 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.”

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 and City of Malibu passing this 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.

PCB Contamination at Malibu Schools is Now Part of the Malibu Association of Realtors Newest Disclosure Requirements for Buyers of Malibu Real Estate

The latest version of the Malibu-Topanga Disclosure Addendum, which went into effect on September 2, 2015, is intended to let prospective buyers know about local issues. This disclosure reads:

MALIBU SCHOOLS: “Some Malibu Schools (Juan Cabrillo Elementary, Malibu Middle School, and Malibu High School) have been determined to contain Polychlorinated biphenyl (“PCB”), a known carcinogen, in caulking and other building materials. Environmental assessments are ongoing. Buyer is encouraged to investigate and determine whether he considers the use of said materials a potential health hazard prior to close of escrow.”

See Malibu/Topanga Disclosure form here:

MalibuTopangaDisclosureAddendum0915

(This form does not replace the Statewide Buyer and Seller Advisory (CAR Form SBSA) and is intended only for the exclusive use of active members of the Malibu Association of REALTORS)

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.

See America Unites for Kids October 29, 2015 letter to Santa Monica Malibu Unified School District’s Superintendent Sandra Lyon concerning new PCB test results showing widespread PCB contamination at Malibu High School:

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

10_29_15_Letter_from_Congressman_Lieu_to_America_Unites

See New PCB Test Results from Malibu High School:

America Unites for Kids Seeks Retraction from the Santa Monica Malibu Classroom Teachers Association for Misleading, Libelous and Inaccurate Statements Concerning PCB Contamination in Malibu Schools

See America Unites for Kids November 23, 2015 letter to SMMCTA:

Letter to SMMCTA Sarah Braff

In a bizarre twist, public school officials have filed a police report against a Malibu parent who allegedly took samples of window caulking from school buildings to test for toxic polychlorinated biphenyls (PCBs), according to documents released by Public Employees for Environmental Responsibility (PEER).

Santa Monica-Malibu Unified School District (SMMUSD) is also actively looking for teachers and other community members who may be involved, even as two elected board members have condemned the effort. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

District officials recently informed teachers and parents that it had filed a criminal vandalism complaint against a parent for taking caulk samples.

At the same time, the Santa Monica Malibu Unified School District also did the following:

Threatened to seek prosecution of anyone who aids or even encourages the testing “no matter how seemingly insignificant that person’s role may be”;

Intimated obstruction of justice charges for refusal to cooperate with the investigation; and

Blocked teachers who wanted to move out of the most contaminated classrooms with proposed disciplinary action, even as two more cases of thyroid-related illness have been reported just in the past two days, including a former Malibu High teacher diagnosed with thyroid cancer who worked in classrooms with verified PCBs.

“It is utterly inappropriate to threaten parents for trying to make sure their children’s school is safe or teachers for protecting their own health,” stated PEER Senior Counsel Paula Dinerstein, noting the irony that the district’s latest heavy-handed measures came amidst a school anti-bullying campaign.

“The real criminal activity is maintaining a sick school and blocking a comprehensive cleanup.”

Several staff members of the SMMUSD have also condemned the criminal complaint, one of which is the Jaun Cabrillo Elementary school librarian who decried the “administration’s hounding of staff members for statements and the threat of prosecution.” (See attached email from School Librarian Suzanne Moscoso)

See School Librarian’s email here:

11_4_15_Librarian response

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: $6,500,000 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

Instead of remediating all of the toxic PCBS from the affected campus’ of Juan Cabrillo Elementary, Malibu Middle and Malibu High schools, the SMMUSD has spent approx. $8 million dollars on lawyers and environmental expenditures rather than $100 per caulk test.

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

Perhaps this is the reason why the SMMUSD has Lawyered Up?

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/

Please see map for more details to which rooms have illegal levels of PCBs.

db0d68ca-c4da-4f51-b4ba-43594c74f514

As a result of the Santa Monica Malibu Unified School District’s reckless conduct, America Unites for Kids and PEER has sued the SMMUSD for violations of the Toxic Substances Control Act (TSCA).

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

The SMMUSD’s Adversarial Posturing is Costing the SMMUSD Millions of Dollars and Causing Unnecessary Harm to All of Their Students and Staff

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/

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

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

AMERICA UNITES FOR KIDS & PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY

vs.

SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division – Los Angeles)

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

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

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

See YouTube Video here:

https://youtu.be/UYn6RZA0l9k

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

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

DECLARATION OF RENOWNED PCB EXPERT DR. DAVID CARPENTER

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

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

DECLARATION OF MALIBU HIGH SCHOOL TEACHER NUMBER ONE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER NUMBER TWO

ON OCTOBER 24, 2015 AMERICA UNITES FOR KIDS RELEASED ADDITIONAL DISCOVERY CONCERNING SUPERINTENDENT SANDRA LYON.

In 2013-14, Superintendent Sandra Lyon did not tell Malibu High School teachers and parents that their children were occupying classrooms that the previous teacher just reported having thyroid cancer as well as other previous teachers also having cancer.

These rooms then tested at 570,000 ppm of PCBs! The highest level ever found in the NATION!
This public records request proves that Sandra Lyon knew and was asked by the Juan Cabrillo principal when Lyon was going to tell teachers and parents about it (which was never!) Anyone thinking Child endangerment?
Click on picture to expand:
MALIBU PARENTS DEMAND TOWNHALL MEETING WITH SANDRA LYON AND THE SMMUSD BOARD OF EDUCATION

Parents Request Portable Units and Full PCB Remediation

See pdf copy here:

Letter to Lyon Townhall 12-2015

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

  • 6 teachers with thyroid cancer;
  • 4 alumni  (28-year-old)with thyroid cancer;
  • 1 current student with thyroid disease, possible thyroid cancer
  • 25 teachers with thyroid disease (including 14 of 30 Malibu Middle School teachers);
  • 10 alumni in their 20s with thyroid disease;
  • 1 alumni (22-year-old) with environmentally induced melanoma;
  • 2 current teachers with environmentally induced melanoma;
  • 1 teacher hospitalized from an environmentally-induced rash;
  • 1 current student with an environmentally-induced rash lasting several months
  • innumerable cases of headaches; persistent rashes; daily migraines; infertility issues; hair loss; immune issues; respiratory issues; and diabetes.

There is a statistically significant “relationship” between spending your days at Malibu High School and Thyroid Cancer

 

For details, go to: https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/

The Santa Monica Malibu Unified School District appears to be more interested in attempting to limit their exposure to liability from a toxic tort complaint, rather than to just simply comply with the TSCA, and protect its students and teachers from this continuing harm.

 

OTHER SUPERINTENDENT SANDRA LYON ERRORS IN JUDGMENT

SMMUSD Timeline:

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

525375b700692.pdf

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

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

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

1_13_14_teacher_letter-2

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

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

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

Special-Cleaning-12-16-2014

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

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

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

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

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

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

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

July 15, 2015
Aug 12, 2015

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

See America Unites for Kids October 29, 2015 letter to Santa Monica Malibu Unified School District’s Superintendent Sandra Lyon concerning new PCB test results showing widespread PCB contamination at Malibu High School:

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

10_29_15_Letter_from_Congressman_Lieu_to_America_Unites

See New PCB Test Results from Malibu High School:

America Unites for Kids Seeks Retraction from the Santa Monica Malibu Classroom Teachers Association for Misleading, Libelous and Inaccurate Statements Concerning PCB Contamination in Malibu Schools

See America Unites for Kids November 23, 2015 letter to SMMCTA:

Letter to SMMCTA Sarah Braff

In a bizarre twist, public school officials have filed a police report against a Malibu parent who allegedly took samples of window caulking from school buildings to test for toxic polychlorinated biphenyls (PCBs), according to documents released by Public Employees for Environmental Responsibility (PEER).

Santa Monica-Malibu Unified School District (SMMUSD) is also actively looking for teachers and other community members who may be involved, even as two elected board members have condemned the effort. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

District Attorney Will not Pursue Charges for Alleged MHS Vandalism

Allegations are dead in the water for school district.

For details, go to:

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

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

See link to Malibu Parent’s letter to Superintendent Sandra Lyon and Published in the Malibu Times on September 4, 2015:

Malibu Parent’s Letter: Protecting Children

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

Malibu Parent Stacie Cox’ Public Comment about Superintendent Sandra Lyon:

An empathetic and confident leader would make all her decisions based on how to best protect children, and not make decisions based on legally what she can get away with. You seem to act on false information, archaic ideals, and without a conscience. Your behavior is unconscionable and you should be ashamed of yourself.”

Superintendent Sandra Lyon ordered the use of Fumitoxins and Strychnine on Saturday, Aug 22, 2015 at Malibu High School, Juan Cabrillo and Webster Elementary schools despite hundreds of letters from parents in protest.

Rodenticide use at Malibu Schools Rouses Call for District Separation

See Malibu Times Article here:

http://www.malibutimes.com/news/article_09817ee0-4bb1-11e5-b2b0-7f6db2b94b50.html

See City of Malibu Brochure Re: Poison Free Malibu:

BROCHURE%20Wildlife_antiPoison%20final_201403211343153527

A. “SANTA MONICA TEACHER WAS RIGHT, SUPERINTENDENT WAS VERY, VERY WRONG”

April 07, 2014|By Robin Abcarian (LA Times Reporter)

http://articles.latimes.com/2014/apr/07/local/la-me-ra-santa-monica-teacher-was-right-20140407

http://patch.com/california/santamonica/fire-sandra-lyons

https://www.change.org/p/sandra-lyon-and-smmusd-school-board-an-apology-from-superintendent-sandra-lyon-to-mark-black-for-throwing-him-and-all-teachers-under-the-bus-as-well-as-for-making-a-biased-inflammatory-response-to-mark-s-heroic-classroom-actions

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

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

For details of this pending litigation, go to:

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

IMAG0391

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

LOS ANGELES SUPERIOR COURT COMPLAINT

SPECIAL INTERROGATORY NO. 13:

LIST THE FULL NAME AND JOB TITLE OF THOSE INDIVIDUALS AT SMMUSD (AND/OR MALIBU HIGH SCHOOL) RESPONSIBLE AMENDING/REVERSING CANCELING AND OR OTHERWISE MODIFYING THE DISCIPLINARY SUSPENSION OF DEFENDANT SEBASTIAN SARTORIUS ISSUED IN OR AROUND NOVEMBER 2012.

RESPONSE TO SPECIAL INTERROGATORY NO. 13:

SANDRA LYON, SUPERINTENDENT OF THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT.

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

For details, go to:

ITS TIME TO FIRE SUPERINTENDENT SANDRA LYON

See link to Change.org Petition:

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

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

See pdf copy:

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

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

brd@smmusd.org

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

IT’S TIME TO FIRE THE 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.

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.

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:

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.)

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

  • 6 teachers with thyroid cancer;
  • 4 alumni  (28-year-old)with thyroid cancer;
  • 1 current student with thyroid disease, possible thyroid cancer
  • 25 teachers with thyroid disease (including 14 of 30 Malibu Middle School teachers);
  • 10 alumni in their 20s with thyroid disease;
  • 1 alumni (22-year-old) with environmentally induced melanoma;
  • 2 current teachers with environmentally induced melanoma;
  • 1 teacher hospitalized from an environmentally-induced rash;
  • 1 current student with an environmentally-induced rash lasting several months
  • innumerable cases of headaches; persistent rashes; daily migraines; infertility issues; hair loss; immune issues; respiratory issues; and diabetes.

There is a statistically significant “relationship” between spending your days at Malibu High School and Thyroid Cancer

For details, go to: https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/

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 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.

Compare PCBs found in Malibu, CA to PCBs found in Worcester, Massachusetts.

The town of Princeton has filed a lawsuit against Monsanto asking them for $700,000 in costs to remove toxic PCBs in the caulking at their elementary schools. In April 2011, high levels of the hazardous chemical were found in window caulking and glazing when the Wachusett Regional School District was preparing to replace some windows in the Thomas Prince School. The school, which serves students from kindergarten to eighth grade, was constructed in 1962. PCBs above appropriate levels in Environmental Protection Agency guidelines were also detected in other areas of the original portion of the school. No elevated levels of PCBs were found in a 1991 addition to the school.

As a result of the contamination, students in Grades 3 and 4 had to be bused to a school in Rutland during the 2011-12 school year while PCB remediation was completed. The school district incurred costs over $700,000. Additional costs are anticipated as the town continues to test and monitor for PCBs at the school.

The SMMUSD continues to stonewall source testing and ignore even the rooms directly next door to contaminated rooms, let alone the rest of the school. Malibu Parents and teachers have asked for portables and SMMUSD Superintendent Sandra Lyon has refused to do so; students and staff are occupying toxic classrooms 5 days a week, 7 hours a day.

Compare PCBs found in Malibu, CA to PCBs found in Hartford, CT.

The Hartford, CT school district has taken only two months to identify PCB sources, and begin removal plans, while the SMMUSD has had well over 1 1/2 years to identify PCB sources, and begin their removal plan. However, the SMMUSD has chosen not to do anything about identifying all of the PCB sources and has chosen to leave most PCBs in place.

Hartford, CT has spent only $40,000 to identify PCB sources, while the SMMUSD has spent over $6,000,000 on lawyers and environmental and public relations consultants to “manage in place” the illegal contamination and try to convince the community that the School is safe.

The SMMUSD is now threatening to cut Art and other programs but is willing to spend $775,000 on attorneys (Pillsbury), and $3,225,000 on Consultants (Environ) who have been tasked with creating legal obstacles NOT to identify all of the sources of PCBs.

December 2014, PCBs were found at Clark School in Hartford, CT when installing a fire alarm system. Contractor was required to test for PCBs. (Malibu just had fire alarms installed, why didn’t the SMMUSD test for PCBs?)

Hartford Superintendent Beth Schiavino-Narvaez closed Clark school and moved kids and staff to another location because she wasn’t willing to put anyone at risk. Malibu Parents and teachers have asked for portables and SMMUSD Superintendent Sandra Lyon has refused to do so; students and staff are occupying toxic classrooms 5 days a week, 7 hours a day.

Highest level of PCBs found in Hartford, CT was 1,940 times the federal limit  while some Malibu test results shows PCBs are 11000 times the federal limit.

Hartford, CT School District has demonstrated how effective and fiscally responsible a school district can be when discovering PCBs in schools. Investigation and removal can be completed in a short period of time with little impact on the students and staff.

The SMMUSD continues to stonewall source testing and ignore even the rooms directly next door to contaminated rooms, let alone the rest of the school. Students’ and District staffs health is at risk. If the caulking is the same color, kind and installed at the same time in the same building, then it is probable that all rooms also have PCBs over the legal limit.

Harvard School of Public Health Uses the Santa Monica Malibu Unified School District as a Case Study for What NOT To Do When You Find PCBs in Schools

Robert Herrick, senior lecturer on industrial hygiene at Harvard T.H. Chan School of Public Health, helped uncover high PCB levels in sealants at a number of schools in Boston; his published research on the topic led to the discovery of more such schools in New York and elsewhere. Said Herrick in a March 27, 2015 TakePart.com article, “If you’ve got buildings full of developing humans who are susceptible to these disruptive chemicals, how can you not be persuaded that you need to reduce that source of exposure?

See TakePart.com article here: http://www.takepart.com/feature/2015/03/27/pcbs-in-schools

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2015/10/28/harvard-school-of-public-healths-uses-the-santa-monica-malibu-unified-school-district-as-a-case-study-of-what-not-to-do-when-you-find-pcbs-in-schools/

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 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

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/

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

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. 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.

12. 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:

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:

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

 

 13. 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.
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:

14. 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

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

 

The Santa Monica Malibu Unified School District’s Motion To Dismiss is Denied and They Are Ordered To Answer the Plaintiffs’ Toxic Substances Control Act Violations Complaint

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division – Los Angeles)
CIVIL DOCKET FOR CASE #: 2:15-cv-02124-PA-AJW

America Unites for Kids et al v. Sandra Lyon et al
Assigned to: Judge Percy Anderson
Referred to: Magistrate Judge Andrew J. Wistrich
Cause: 28:2201 Declaratory Judgment
Date Filed: 03/23/2015
Jury Demand: None
Nature of Suit: 893 Environmental Matters
Jurisdiction: Federal Question

A federal judge has rejected an attempt by the Santa Monica-Malibu school district (SMMUSD) to block a lawsuit by parents and teachers seeking a toxic cleanup of Malibu public schools. Not only may the lawsuit proceed, but the plaintiffs will be allowed to start conducting even more tests on PCB-laden school facilities, testing the district has spent 21 months and over $6 million to avoid.

The June 15, 2015 order by U.S. District Court Judge Percy Anderson rejected the SMMUSD motion to dismiss the suit, which he also found “had established a likelihood of success” on the merits. He further indicated that the groups could begin preliminary testing within facilities on the Malibu Middle and High Schools and Juan Cabrillo Elementary School campuses. Filed on March 23, 2015, the suit charges that the schools contain toxic polychlorinated biphenyls (PCBs) in concentrations thousands of times above the safety limits established in the federal Toxic Substances Control Act.

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

SMMUSD Timeline:

See letter to Sandra Lyon and the SMMUSD’s Board of Directors 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 and City of Malibu passing this 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 parents and teachers believe that further testing will demonstrate that PCB contamination is wide-spread and that the only solution both to protect kids and teachers and to comply with the law is a thorough investigation to identify and remove all PCBs found to be at illegal levels. In addition, they continue to criticize district testing practices such as leaving windows and doors open for a full day before doing air testing, as well as pre-cleaning surfaces before wipe tests as a way to manipulate results.

America Unites Accuses the SMMUSD of Secret Cleaning

Click Here to Read 

http://malibuunites.com/wp-content/uploads/2014/12/Secret-Cleaning-Before-Dec-PCB-tests.pdf

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:

http://malibuunites.com/in-the-news/local-malibu-news/smmusds-calamity-of-errors-validates-plaintiffs-pcb-lawsuit/

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:

https://youtu.be/UYn6RZA0l9k

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

incorrect-PE-rooms-remediated

41ca7296-de71-4534-b6be-2be448d34592

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. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

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 TSCA suit now moves into its discovery phase of producing evidence on the actual condition of each pre-1979 building on the three-school complex.

The Court stated the following:

“The Santa Monica Malibu Unified School District have overstated the degree to which the relief Plaintiffs seek conflicts with EPA’s expertise and considered judgment. In ruling on the Motion for Preliminary Injunction, the Court stated that “nothing in the record to date suggests that an order requiring the removal of PCB-containing caulk would be contrary to or interfere with the EPA’s expertise.” Similarly, nothing alleged in the FAC, or that is the subject of judicial notice, suggests that, at a minimum, air and surface wipe sampling at the subject schools would be inconsistent with the EPA’s analysis, policies, or considered judgment.”

“The Court can balance the EPA’s expertise in such matters against Plaintiffs’ rights to pursue a TSCA claim as contemplated by the TSCA’s citizen suit provisions.”

“The Court concludes that the FAC has alleged sufficient facts to satisfy the Twombly plausibility standard that there are locations within the subject schools that have not been subject to air and surface wipe sampling that may exceed the EPA’s thresholds for PCBs and trigger the need for BMPs, thorough cleanings, and potential further testing, including of caulk, within such locations. Such air and surface wipe testing would be consistent with the EPA’s regulatory authority and the prior approvals it has issued to the District. If those tests revealed circumstances requiring additional testing or other measures consistent with the EPA’s approvals, those additional measures would also not interfere with the EPA’s expertise or primary jurisdiction”

“For all of the foregoing reasons, the Court denies Defendants’ Motion to Dismiss. Defendants shall Answer the FAC no later than June 29, 2015.”

IT IS SO ORDERED.

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

See attached Order of the Court dated June 15, 2015: document-75

See the attached Santa Monica-Malibu Unified School District’s ANSWER to the TSCA Complaint: document-79

See the following three pending lawsuits against Monsanto for exposure to PCBs in schools.

1. Town of Princeton’s July 1, 2015 Complaint;

2. Town of Westport’s May 7, 2014 Complaint;

3. Town of Lexington’s September 4, 2012 Complaint lawsuits against Monsanto:

Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) in schools:

4. See also the City of Spokane’s lawsuit against Monsanto for decades of PCB poisoning:

1. TOWN OF PRINCETON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY
The lawsuit alleges that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.

2. TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, & SOLUTIA INC., et al

https://lawofficesofbarryfagan.files.wordpress.com/2014/08/docs-20009344-v1-complaint_-_original_file_stamped.pdf

http://www.jdsupra.com/legalnews/complaint-against-monsanto-re-exposure-78358

Monsanto’s Answer to the Town of Westport’s Complaint. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-83

http://www.jdsupra.com/legalnews/monsantos-answer-to-the-town-of-wesport-84120/

3. TOWN OF LEXINGTON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY

See Town of Lexinton’s Complaint against Monsanto. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-84

http://www.jdsupra.com/legalnews/the-town-of-lexingtons-complaint-agains-87554/

4. CITY OF SPOKANE vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

See City of Spokane’s Complaint against Monsanto for Decades of PCB Poisoning: document-90

http://www.jdsupra.com/legalnews/the-city-of-spokane-has-sued-monsanto-fo-39589/

These lawsuits also allege that Monsanto knew then that PCBs were toxic and could not be contained as they readily escaped into the environment finding their way into bays, oceans, lakes, rivers, streams, soil, and air. Although Monsanto recognized internally that PCBs were becoming “a global contaminant,” Monsanto concealed this information and increased production of these profitable compounds.

Monsanto facts:

The below listed links shows that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.
1. Monsanto’s internal records from the Anniston court case:
2. Monsanto tells their employees they cannot each lunch in aroclor process department because vapors could contaminate food, get on hands and ingest. Monsanto has no way to counter claims based on the current literature claiming PCBs are toxic if ingested or inhaled. 
3. The US Navy told Monsanto in 1957 that they would not use their products with aroclors in their subs because they were too toxic. The Navy did a study on rabbits and they developed “definite liver damage”. This was at .2 ppm for 24 hours a day for 50 days:
4. Monsanto’s response to the US Navy:
5. Two men inhale PCBs from a broken pipe and develop symptoms of hepatitis:
6. PCBs as plasticizers are dangerous to touch. Monsanto says they have done inhalation studies and if sufficient material were inhaled liver problems would occur:
7. Monsanto memo tells sales people to persuade customers to keep 1254:
8. Monsanto knew that the continued use of 1254 is hazardous:
9. Monsanto’s defense strategy:

10. Monsato’s Q & A in 1979:

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

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

See link to News Article here: 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 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/

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) 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.

THE SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT WILL FIGHT PARENTS AND STUDENTS IN COURT EVEN WHEN THEY KNOW THAT THEY ARE WRONG

https://lawofficesofbarryfagan.wordpress.com/2015/10/16/the-santa-monica-malibu-unified-school-district-will-fight-parents-and-students-in-court-even-when-they-know-that-they-are-wrong/

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 Superintendent Sandra Lyon should be fired for not adequately protecting the School District’s students and teachers.

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

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

See pdf copy:

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

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

 

THE SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT’S ENROLLMENT IS DECLINING WHILE THEIR DEFICIT IS RISING

2016-2017

The SMMUSD has total revenue of $100,088,426 with expenditures of $112,437,985 leaving the District with a $12.3 million deficit

https://lawofficesofbarryfagan.wordpress.com/2017/03/30/the-smmusd-has-total-revenue-of-100088426-with-expenditures-of-112437985-leaving-the-district-with-a-12-3-million-deficit/

See PDF copies of the following:

1. Santa Monica Malibu Unified School District’s 2016/2017 Budget

2. News Article Concerning the SMMUSD’s $12.3 Million Dollar Deficit

1.

2ndInterimBudget1617

2.

School Board update on latest budget plan

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.

For details, go to:

https://lawofficesofbarryfagan.wordpress.com/2016/12/03/think-tank-attacks-smmusd-salaries-transparent-california-released-data-showing-that-smmusd-employees-are-overpaid-by-as-much-as-40/

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

2015-2016

Enrollment Down, Deficit Up

SMMUSD facing projected $7.4 million deficit.

The Santa Monica-Malibu School District Board of Education stared down a $7.4 million deficit during a review of the preliminary budget for the 2015-16 school year.

The projected deficit weighing on a $94.9 million unrestricted general fund budget is due largely to a combination of proposed increases in special education and district-level staffing as well as the rising costs of employee benefits, reduced revenues for the district’s technical training program and an expected shortfall in annual fundraising.

Expenditures are forecast to top $102.3 million on the unrestricted general fund, which does not include restricted funds.

“We’ve got some hard numbers to swallow here,” board member Richard Tahvildaran-Jesswein said. “These numbers are problematic.”

The board’s study session came as the district prepares for the third year of its transition into the Local Control and Funding Formula program, which SMMUSD chief financial officer Jan Maez said puts more responsibility on the district to manage state funds.

The formula, which will be fully implemented by 2020-21, provides grants by grade level and supplemental money based on the number of English language learners, lunch discount recipients and foster youth.

Amid rising costs, the district is anticipating a slight decline in enrollment, from 11,295 students this year to 11,173 in 2015-16.

Administrators and board members expressed concern about the deficit and said the budget would have to be altered before being finalized.

And yet the SMMUSD has spent approx. $8,000,000 on lawyers and environmental and public relations consultants to “manage in place” the illegal contamination and try to convince the community that Malibu High/Middle Schools and Juan Cabrillo Elementary schools are safe.

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

Purchase-Orders-Approved-at-Board-Meetings2

On May 11, 2015 a Malibu Parent stated the following: ” Frankly I am concerned with how they manage money for all schools in our district. Appointing people to lead our funding who have foolishly squandered the money and do the blame game instead of problem solving is the real issue.” malibubeach posted at 6:27 am on Mon, May 11, 2015. The SMMUSD is now threatening to cut Art and other programs but is willing to spend $775,000 on attorneys (Pillsbury), and $3,225,000 on Consultants (Environ) who have been tasked with creating legal obstacles NOT to identify the sources of PCBs.

Sources:

See JD Supra Article dated May 21, 2015:

http://www.jdsupra.com/legalnews/the-smmusd-has-spent-six-million-dollars-79259/

See May 9, 2015 Malibu Times Article entitled “Enrollment Down, Deficit Up”

http://www.malibutimes.com/news/article_7be91760-f5d8-11e4-94f5-0b2e1fa3b166.html

JUNE 29, 2015

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)

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

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 HAS FAILED TO PROTECT ITS STUDENTS AND TEACHERS FROM EXPOSURE TO CANCER CAUSING PCBs

Compare PCBs found in Malibu, CA to PCBs found in Worcester, Massachusetts

The town of Princeton has filed a lawsuit against Monsanto asking them for $700,000 in costs to remove toxic PCBs in the caulking at their elementary schools. In April 2011, high levels of the hazardous chemical were found in window caulking and glazing when the Wachusett Regional School District was preparing to replace some windows in the Thomas Prince School. The school, which serves students from kindergarten to eighth grade, was constructed in 1962. PCBs above appropriate levels in Environmental Protection Agency guidelines were also detected in other areas of the original portion of the school. No elevated levels of PCBs were found in a 1991 addition to the school.

As a result of the contamination, students in Grades 3 and 4 had to be bused to a school in Rutland during the 2011-12 school year while PCB remediation was completed. The school district incurred costs over $700,000. Additional costs are anticipated as the town continues to test and monitor for PCBs at the school.

The SMMUSD continues to stonewall source testing and ignore even the rooms directly next door to contaminated rooms, let alone the rest of the school. Malibu Parents and teachers have asked for portables and SMMUSD Superintendent Sandra Lyon has refused to do so; students and staff are occupying toxic classrooms 5 days a week, 7 hours a day.

Links to Town of Princeton News Article:

http://m.telegram.com/article/20150702/NEWS/150709696

http://www.thelandmark.com/news/2013-01-24/Princeton_News/Princeton_joins_PCB_lawsuit.html

TOWN OF PRINCETON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY
The lawsuit alleges that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.

Compare PCBs found in Malibu, CA to PCBs found in Hartford, CT

December 2014, PCBs were found at Clark School in Hartford, CT when installing a fire alarm system. Contractor was required to test for PCBs. (Malibu had fire alarms installed, why didn’t the SMMUSD test for PCBs?)

Hartford Superintendent Beth Schiavino-Narvaez closed Clark school and moved kids and staff to another location because she wasn’t willing to put anyone at risk. (Malibu Parents and teachers have asked for portables and SMMUSD Superintendent Sandra Lyon has refused; students and staff are occupying toxic classrooms 5 days a week, 7 hours a day)

The Hartford, CT school district has taken only two months to identify PCB sources, and begin removal plans, while the SMMUSD has had well over 1 1/2 years to identify PCB sources, and begin their removal plan. Hartford’s removal will occur immediately so students and staff can safely return to a PCB-free school for the 2015-2016 school year. However, the SMMUSD has chosen not to do anything about identifying all PCB sources and has chosen to leave most PCBs in place.

Highest level of PCBs found in Hartford, CT was 1,940 times the federal limit  while some Malibu test results shows PCBs are 11000 times the federal limit.

2 months after PCBs were discovered Hartford, CT has a plan to remove the PCBs from the school.

1.5 years later, the SMMUSD still has no plan to remove all of the PCBs.

Hartford Superintendent spent $40,000 to identify PCB sources. SMMUSD’s Superintendent Sandra Lyon has spent $6 million on attorneys fees, and consultants that will not solve the PCB problem. Air and dust testing will continue each year until PCB sources are identified and removed.

Links to Hartford, CT News Articles:

Hartford School District, CT has discovered PCBs in their schools, has removed children and closed the school until they find a remedy.

http://www.wfsb.com/story/27901372/parents-expected-to-learn-more-about-toxic-compounds-in-hartford-school

http://touch.courant.com/#section/-1/article/p2p-83034403/

Summary of SMMUSD facts:

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 letter 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.

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.)

See Environs most recent test results which reveal shockingly high PCB exposure:

3_25_15_New_malibu_test_results

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

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

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’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.

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

The SMMUSD continues to stonewall source testing and they ignore even the rooms directly next door to contaminated rooms. Students’ and District staff health is at risk. If the caulking is the same color, kind and installed at the same time in the same building, then it is probable that all rooms also have PCBs over the legal limit.

Avoiding testing the caulking does not make it legal to keep in place, nor does it protect health of students and staff. In 2010, ARCADIS concluded that the PCBs and pesticides in the soil posed an “unacceptable health risk” and proposed a removal action plan. During the 2011 summer school session, the district removed from the Middle School Quad 48 truckloads of soil which, unbeknownst to parents and teachers, was contaminated with PCBs and pesticides. http://fip.smmusd.org/downloads/MalibuMHS_Removal.pdf

In a bizarre twist, public school officials have filed a police report against a Malibu parent who allegedly took samples of window caulking from school buildings to test for toxic polychlorinated biphenyls (PCBs), according to documents released by Public Employees for Environmental Responsibility (PEER).

Santa Monica-Malibu Unified School District (SMMUSD) is also actively looking for teachers and other community members who may be involved, even as two elected board members have condemned the effort. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

In the following two years, three teachers then working at the MHs campus were diagnosed with thyroid cancer – a disease with an expected annual incidence of 1.29 per 10,000 Americans. 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.

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

PCBs Affect a Whole Building, Not Just a Single Window

If PCB-laden caulking over 50ppm has been found in one classroom, then it is probable that PCB-laden caulk is in all classrooms in that building. It would be absurd to propose removal of only the tested window (which is what the district has proposed) when adjacent windows used the same caulking that contain high levels of PCBs.

12029766_766201816822513_7554779534588348547_o

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:

America Unites for Kids Seeks Retraction from the Santa Monica Malibu Classroom Teachers Association for Misleading, Libelous and Inaccurate Statements Concerning PCB Contamination in Malibu Schools

See America Unites for Kids November 23, 2015 letter to SMMCTA:

Letter to SMMCTA Sarah Braff

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

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

Ferbas-health-letter

Hartford, CT School District has demonstrated how effective and fiscally responsible a school district can be when discovering PCBs in schools. Investigation and removal can be completed in a short period of time with little impact on the students and staff.

Contrary to the Santa Monica Malibu Unified School District’s claim, the EPA has not approved the District’s plan regarding removal of caulk from the 10 PI Rooms.

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

See link to Resolution here: CC150916_Item-1

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

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

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.

The Santa Monica Malibu Unified School District’s cynical decision to conduct only limited testing of the caulk has made it impossible for Plaintiffs to detail all the locations throughout the School where PCB contamination can be found.

However, it is a virtual certainty that the contamination is widespread throughout Malibu High School and Jaun Cabrillo Elementary School.

America Unites For Kids and PEER’s citizen’s suit alleges that the illegal PCB contamination is throughout these two Schools.

There is no provision in Section 761.20(a) for EPA to review or approve a plan to remove manufactured material (such as PCB contaminated caulk) containing PCB at over 50 ppm.

The use of any such PCB contaminated caulk is per se illegal. By contrast, removal of PCB remediation waste (such as PCB migrating from the caulk to the substrate) is subject to EPA review and approval under 40 C.F.R. § 761.61(c)4, which is what has occurred here.

The fact that EPA Region 9 is not enforcing the law is exactly what TSCA’s citizen suit provision was meant to address: situations where the government “cannot or will not command compliance” with the law. Gwaltney of Smithfield v. Chesapeake Bay Found., 484 U.S. 49, 62 (1987).

Finally, contrary to what the Santa Monica Malibu Unified District has repeatedly told the Court, the EPA did not find that allowing caulk containing illegal levels of PCBs over 11,000 times the legal level to remain in place was safe.

On May 8, 2015 the Court in America Unites for Kids & PEER vs. Sandra Lyon et al. stated the following:

Judge: “Defendant’s citations to EPA’s approvals, which were issued…deal with “remediation waste,” not the caulk itself. Whether intentionally misleading or merely unintentionally confusing, by conflating the PCB-contaminating caulk with the “remediation waste”, Defendants have overstated the degree to which the relief Plaintiffs seek conflicts with EPA’s expertise and considered judgment. As a result, the Court is not convinced that Plaintiffs are unlikely to prevail.” 

The EPA is also clear that the district has NO obstacle stopping them from further testing and removing the caulking. The only thing standing in the way of source testing to identify the nature and extent of PCB contamination at MHS and JC is the decision made by the SMMUSD. 

EPA R9: “Nothing in the approval limits the District’s ability to perform additional caulk sampling or removal.” 

The Judge: “Nothing suggests that an order [from the Court] requiring the removal of PCB-containing caulk would be contrary to or interfere with the EPA’s expertise.”

TSCA law is perfectly clear, PCBs over 50ppm are unauthorized for use and must be removed. The districts own testing has demonstrated that PCBs in caulking are widespread and at high levels.

Judge: “Plaintiffs have established a likelihood of success… The court therefore concludes that Plaintiffs have established that they are likely to prevail on their claims that Defendants must remove the PCB-containing caulk…”

Despite this Court Order, the SMMUSD filed a Motion to Dismiss and has opposed Plaintiff’s request to access the property and test the PCB laden caulk.

Just what is the Santa Monica-Malibu Unified School District spending so much money on hiding from the public?

See First Amended Complaint: document-52

See Motion for Preliminary Injunction: document-54

See Reply to Motion for Preliminary Injunction: document-58

See Exhibits in Support of Reply To Motion for Preliminary Injunction: document-59

See Plaintiff’s Memorandum in Opposition to the SMMUSD’s Motion to Dismiss: document-65

See Plaintiffs’ Motion to Compel due to Refusal to Allow Entry onto Land to Conduct PCB testing: document-71

The June 15, 2015 order by U.S. District Court Judge Percy Anderson rejected the SMMUSD motion to dismiss the suit, which he also found “had established a likelihood of success” on the merits.

“For all of the foregoing reasons, the Court denies Defendants’ Motion to Dismiss. Defendants shall Answer the FAC no later than June 29, 2015.”

IT IS SO ORDERED.

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

See attached Order of the Court dated June 15, 2015: document-75

See the attached Santa Monica-Malibu Unified School District’s ANSWER to the TSCA Complaint: document-79

See JD Supra Articles:

http://www.jdsupra.com/legalnews/the-smmusd-has-spent-six-million-dollars-79259/

http://www.jdsupra.com/legalnews/there-is-a-statistically-significant-re-43492/

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

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

Other SMMUSD litigation and errors in judgment:

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

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 other pending Federal lawsuit go to:

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/

California Association of School Administrators Lobbies the EPA to not Enforce PCB Source Testing and Remediation in Malibu Schools

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

See California Association of School Administrators email to the EPA:

California Association of School Administrators Email to EPA

The attached email was obtained through a freedom of information act request.

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.”

This email, unfortunately, reveals the type of political lobbying that has taken place between Sacramento and the EPA to not actively identify and remove the illegals levels of PCBs in Malibu Schools.

As a result of this email, EPA guidance may have been compromised.

See link to the comparison between the new EPA and old EPA guidance:

http://www.peer.org/assets/docs/epa/8_20_15_Comparison_EPA_PCB_guidance.pdf

See attached pdf copy:

8_20_15_Comparison_EPA_PCB_guidance

See Link to News Article Concerning the EPA’s Stealth Rollback of School PCB Safeguards:

http://www.sonorannews.com/archives/2015/150826/news-EPA.html

The EPA is Rolling Back PCB Safeguards and Has Significantly Raised the Toxic Exposure levels for Our Nation’s Children

https://lawofficesofbarryfagan.wordpress.com/2015/08/22/the-epa-is-rolling-back-pcb-safeguards-and-has-significantly-raised-the-toxic-exposure-levels-for-our-nations-children/

See Malibu High School Teachers Pleading with the SMMUSD’s Board of Education

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

Exhibit B to Katy Lapajne’s declaration includes evidence that thirty three (33) Malibu High school teachers have written a letter dated January 15, 2016 to the Santa Monica Malibu Unified School District declaring that the School District’s facilities manager admitted on January 8, 2016 that the SMMUSD’s Best Managements Practices (BMPs) for reducing concentrations of toxic PCBs and, therefore, potential exposure to PCBs has not been taking place at all. (See page 2 paragraph 17 of Teacher Katy Lapajne’s Declaration)

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

DECLARATION OF MALIBU HIGH SCHOOL TEACHER KATY LAPAJNE

DECLARATION OF MALIBU HIGH SCHOOL TEACHER LISA LAMBERT

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

See America Unites for Kids & PEER TSCA litigation against the SMMUSD:

Motion to Compel due to the SMMUSD’s Refusal to Allow Entry onto Land to Conduct PCB testing:

document-71

Motion to test the caulk containing PCBs at Malibu High School and Jaun Cabrillo Elementary Schools:

document-96

Declaration of Jennifer Denicola with supporting emails from the US EPA Region 9:

document-97

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 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 protects its students and teachers from this continuing harm.

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

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

Ferbas-health-letter

SMMUSD Timeline:

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

525375b700692.pdf

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

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

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

1_13_14_teacher_letter-2

The 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, and City of Malibu passing this 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 parents and teachers believe that further testing will demonstrate that PCB contamination is wide-spread and that the only solution both to protect kids and teachers and to comply with the law is a thorough investigation to identify and remove all PCBs found to be at illegal levels. In addition, they continue to criticize district testing practices such as leaving windows and doors open for a full day before doing air testing, as well as pre-cleaning surfaces before wipe tests as a way to manipulate results.

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

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

PCBs Affect a Whole Building, Not Just a Single Window

If PCB-laden caulking over 50ppm has been found in one classroom, then it is probable that PCB-laden caulk is in all classrooms in that building. It would be absurd to propose removal of only the tested window (which is what the district has proposed) when adjacent windows used the same caulking that contain high levels of PCBs.

12029766_766201816822513_7554779534588348547_o

America Unites Accuses the SMMUSD of Secret Cleaning

Click Here to Read 

http://malibuunites.com/wp-content/uploads/2014/12/Secret-Cleaning-Before-Dec-PCB-tests.pdf

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.
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. (see attached emails from Board members Craig Foster and Oscar de la Torre)

See School Board Member emails here:

11_4_15_SMMUSD_board_members_protest

For two years Malibu Middle and High School and Juan Cabrillo Elementary School have been in an uproar as more than 30 Malibu teachers and alumni have come forward with serious health issues known to be related to PCB exposure.

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.

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 shockingly high PCB exposure:

3_25_15_New_malibu_test_results

Malibu parents and teachers are not requesting “preferential treatment.” Plaintiffs’ are simply asking the district to comply with Federal law, and for students and teachers in EPA Region 9 to receive the same level of precaution and health protection currently enjoyed by students and teachers in other EPA regions.

The EPA must enforce TSCA at all schools. The location of the school, the income of the parents, and the color of students’ skin should not matter. Malibu can and should be the model for removal of PCBs from all schools.

Every child in every school deserves a PCB-free campus.

“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.

Mandatory Testing for PCBs in Schools:

http://www.pcbinschools.org/#!pcb-legal-actions/cp6k

“For all of the foregoing reasons, the Court denies Defendants’ Motion to Dismiss. Defendants shall Answer the FAC no later than June 29, 2015.”

IT IS SO ORDERED.

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

See attached Order of the United States District Court dated June 15, 2015: document-75

See Plaintiffs’ Motion to Compel due to Refusal to Allow Entry onto Land to Conduct PCB testing: document-71

See the attached Santa Monica-Malibu Unified School District’s ANSWER to the TSCA Complaint: document-79

See JD Supra Articles dated May 21, 2015 and June 24, 2015:

http://www.jdsupra.com/legalnews/the-smmusd-has-spent-six-million-dollars-79259/

http://www.jdsupra.com/legalnews/there-is-a-statistically-significant-re-43492/

See Malibu Times article concerning a Malibu Parent’s “Call for Action”

http://www.malibutimes.com/opinion/article_b72d0206-e939-11e4-9843-db91a10fb632.html

“It would seem to me that the only way to get this corrupt district to act properly, in addition to the lawsuit, is to boycott the school. If the parents at the schools would keep their children home and put a picket line in front of the schools, the media would attend and the attention would show the world what is going on.”

“The parents must show that they will not put up with the district ignoring the danger that its policy is putting children in.”

THERE IS A STATISTICALLY SIGNIFICANT “RELATIONSHIP” BETWEEN SPENDING YOUR DAYS AT MALIBU HIGH SCHOOL AND THYROID CANCER

https://lawofficesofbarryfagan.wordpress.com/2015/06/24/there-is-a-statistically-significant-relationship-between-spending-your-days-at-mhs-and-thyroid-cancer/

See the Town of Princeton’s July 1, 2015, the Town of Westport’s May 7, 2014, and the Town of Lexington’s September 4, 2012 lawsuits against Monsanto:

Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) in schools:

See also the City of Spokane’s July 31, 2015 lawsuit against Monsanto for decades of PCB poisoning:
1. TOWN OF PRINCETON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY
The lawsuit alleges that Monsanto knew of the toxicity of PCBs as early as the 1930s, but continued to manufacture, sell and promote the products. Even after the toxicity hazard of PCBs was established by experts, Monsanto continued to promote the product.

2. TOWN OF WESTPORT and WESTPORT COMMUNITY SCHOOLS, VS. MONSANTO COMPANY, & SOLUTIA INC., et al

https://lawofficesofbarryfagan.files.wordpress.com/2014/08/docs-20009344-v1-complaint_-_original_file_stamped.pdf

http://www.jdsupra.com/legalnews/complaint-against-monsanto-re-exposure-78358

Monsanto’s Answer to the Town of Westport’s Complaint. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-83

http://www.jdsupra.com/legalnews/monsantos-answer-to-the-town-of-wesport-84120/

3. TOWN OF LEXINGTON vs. PHARMACIA LLC, SOLUTIA INC., and MONSANTO COMPANY

See Town of Lexinton’s Complaint against Monsanto. Re: Exposure to Toxic Chemical Compounds known as Polychlorinated Biphenyls (“PCBs”) see link: document-84

http://www.jdsupra.com/legalnews/the-town-of-lexingtons-complaint-agains-87554/

4. CITY OF SPOKANE vs. MONSANTO COMPANY, SOLUTIA INC., and PHARMACIA CORPORATION

See City of Spokane’s Complaint against Monsanto for Decades of PCB Poisoning: document-90

http://www.jdsupra.com/legalnews/the-city-of-spokane-has-sued-monsanto-fo-39589/

These lawsuits allege that Monsanto knew then that PCBs were toxic and could not be contained as they readily escaped into the environment finding their way into bays, oceans, lakes, rivers, streams, soil, and air. Although Monsanto recognized internally that PCBs were becoming “a global contaminant,” Monsanto concealed this information and increased production of these profitable compounds.

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 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)

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.

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