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  • Writer's pictureErin DiMaggio

Get Them Talking


In the quaint little town of Palos Verdes, the almost rural little city on the hill, School Board Members have violated multiple Eduction Codes and Parental Rights. Under the veil of an Emergency Order, School Board Member, Rick Phillips, has steered the Board in favor of a totalitarian approach to COVID. For Two Years, COVID-19 has appeared on the Palos Verdes School Board Agenda as Agenda Item J:1.


A School Board is supposed to operate under strict Government Regulations and defend The Constitution of The United States of America against all enemies, foreign and domestic. Before taking office, each School Board Member swears an Oath to The Constitution.


In the past two years, we have witnessed the complete destruction of the Oath of Office from every level of Government, from the Local School Board to The President of the United States, and it is time to stop these domestic enemies in our Country.


Our US Government is brilliantly designed with checks and balances so that no one person or institution has too much power or influence. Individual Parents and Community Members have the right to attend all School Board Meetings and speak up about any practice they believe is unfair or needs attention. Even at the Local School Board Level, we have Teacher's Unions and The Parent Teacher's Association to keep the School Board in check and vice versa. The unfortunate reality is there is not a Parents' Union or a Student Union that represents the needs of our most vulnerable, the little kids.


POLITICS is not a dirty word, but we have witnessed a lot of dirty business practices where businesses put profit over people, and Schools are no exception to this dirty business. Politics should be about making agreements between people to live together in harmony. But how do we live together in harmony when Politicians seek to control us rather than liberate us? We have policies for that and legal ways to hold Politicians accountable for Government Overreach, but the process takes time and dedication to learn how to win. The battle is with the pen rather than the sword and anyone can fight with a pen.


We know that policies guide actions. Personal biases, individual insecurities, and a desire to keep the majority happy in favor of winning votes influence actions. But we know evil triumphs when good people do nothing. It is a rare gem to find when you witness a Politician doing what is right rather than what is popular.


Before each School Board Meeting, The Executive Director, or in Palos Verdes, we call him the Superintendent, prepares the agendas for all special and regular meetings of the Board of Directors.

An agenda item is one point or distinct part of a meeting agenda that can be specified separately from a group of issues to be considered in a meeting. The meeting facilitator can create agenda items who may also invite the meeting participants to request them.


Board policies are rules that district school boards adopt to control the school district's actions and provide standards for students and school staff. Some board policies call for the district's Superintendent to create and enforce more detailed rules, called administrative regulations, for how the policies will be implemented. District school boards can also adopt resolutions, which occasionally have the same effect as board policies.


Often Board Meetings are a snore-fest of crossing t's and dotting i's. A typical School Board Meeting is anywhere from three hours to six, and they happen every other week. The most exciting meetings have all been about COVID. And, throughout the town history, the other roaring meetings involved some weird sex scandal, a sexual harassment case, and an uprising about crimes on campus. Lately, the rumor is something about the embezzlement of money from a mom in town from a coach, but we don't have the facts on that, just the stirring of curiosity. We can't wait to watch that one. But mostly, School Board Meetings are about Education and Finance. The best depiction of what goes on there is in Office Space - one of my all-time favorite movies.




I had to throw some humor in there. But School Board Meetings are essential because the Policies affect our kids and our community. So, we have to pay attention, get involved and prioritize time to at least know who the best candidate is for future elections.

One of our powers as Citizens is the POWER to add agenda items to board meetings. By LAW, all citizens have the right and authority to request that the Executive Director brings an item to the Board to discuss during the Public Session of the Board Meeting. Community members can often achieve policy change by bringing their concerns, and even proposed policies, to the school board and/or superintendent. Members of the public have the right to place matters directly related to school district business on the school board’s agenda. The procedure for placing an item on the agenda differs among districts. (Click Here to Learn More)


To adopt a new policy or resolution, the school board must host a public meeting, take a formal vote during the meeting, and a majority of the board members must vote for adopting the policy or resolution. Community members and stakeholders have the right to attend the public meetings in which the board adopts a new policy or resolution. Community members always have the right to speak up.


Though most of us, want nothing more than for COVID to go away. The reality is COVID is like the Spanish Flu (Influenza) and others viruses that don't just go away. All the experts now, finally admit, it COVID is here to stay.


After the Mask Mandate was finally lifted in California and the Board heard from concerned parents for two years they did the right thing by removing the mask mandate and then removing COVID-19 from the Agenda. However, they did the wrong thing when they handed out COVID-19 test kits to every child in the district.


I showed up to address the School Board three times during public Comments to explain the facts about COVID-19 tests. But the District still voted to pass them out the Friday before Spring Break. The District did provide an OPT-OUT Survey which required parents to give their name, student's name and other personal information. This violates Privacy Rights and violated Ed Codes.



To justify this unlawful action Board Member, Rick Phillips said the following,

"We had this whole opt-in and opt-out discussion about COVID test distribution. About whether it should be opt-in or opt-out. Or whether-an opt-in even mattered. So, at the end of the day, we had this whole discussion. We had this opt-in. We went to all this trouble to make this email to all the families in the district, and we had less than 1% that opted-out...clearly, in that case, we were paying attention to the loud voice...we need to be careful about that...the loudest voice represents a fringe minority in the district."


RICK PHILLIPS NEEDS TO RESIGN
PUBLIC SCREENSHOT FROM DAILY BREEZE


He's cherry-picking in his plexiglass throne of lies to keep COVID front in the center and ignore all pertinent other threats to our Nation. To do an accurate study, one needs a control group to establish a cause-and-effect relationship by isolating the effect of an independent variable. We know from Psychological Research that school surveys that automatically enroll the entire class with an "opt-out" create an additional burden for busy people, and it forces one to give up anonymity as the form requires us to give our Names, Student Names, and Classroom information. An OPT-OUT is the quintessential Scarlet Letter A in which the individual must stand alone in their decision not to conform to the groupthink mentality. The OPT-OUT creates a stigma in which families risk public scrutiny and false claims that the parents are COVID-deniers and anti-vaxers. In Public Health Policies, requirements to single out an individual and fuel the false narrative that those who do not follow orders are a threat to public health and therefore deserve public humiliation. Plus, let's not forget it is illegal to opt a kid into a diagnostic test without explicit consent from parents.


We can get mad about these actions or be proactive and add COVID-19 back to the agenda so the public can continue to discuss the reality that the District is still engaging in unfair COVID-19 mitigation policies that harm the unvaccinated members of the community.


I decided to do my Civic Duty and get COVID back on the AGENDA so YOU can show up to let him know, "WE ARE THE MAJORITY!"



 

To add an agenda Item to Board Meetings email The Executive Director. You do not need to include anything more than the Agenda Item. Below is the one I sent in last week. I added additional context because from my experience of watching things play out the context I added has yet to be discussed.



SEE MY REQUEST BELOW AND STAY WOKE!


 

REQUEST FOR AGENDA ITEM

I want to add an agenda item for the PVPUSD Board meeting per Education code 35145.5. The Legislature intends that public members be able to place matters directly related to school district business on the agenda of school district governing board meetings. Please place the following agenda item at the next school board meeting: Agenda Item:

  • Will the Board issue a resolution objecting to Regular mandatory Testing of unvaccinated students, parents, volunteers, athletes, and Staff who have no symptoms of COVID-19 or are naturally immune?

  • Will the Board agree to offer COVID-19 tests only voluntarily and as needed in the case of symptoms or an individual's request?

  • Will the Board agree to allow unvaccinated parents to volunteer on school campuses without proof of a negative COVID-19 test?

CONSENT: Consent is not the absence of "no" but the presence of an explicit "yes." Consent requires verbal or written permission to agree to partake in something. The presence of a person at a school location is not consent. BACKGROUND: Political policies, mandates, and uniform one-size-fits-all health orders create a massive societal storm that still envelops all aspects of our world, including Education. Politicians used the Pandemic to expand executive power and usurp individual rights, disrupting Democracy and governance worldwide. Policies that force children, school staff, and community members to partake in mandatory screening and Testing for COVID-19 create an unsafe and hostile environment, specifically for the unvaccinated. The Board must protect children from abusive policies that violate a person's right to personal bodily autonomy and informed consent. The Governing Body of a School Board is not qualified to make medical decisions for anyone; therefore, the Board must stop engaging in public discussions that make it appear as if the Board has the authority or educational expertise to make medical decisions for individuals. POLITICS: Existing law (AB 361), the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. On September 20, 2021, Governor Newsom signed Executive Order ("EO") N-15-21 to suspend AB 361 until October 1, 2021, which amended the Brown Act and permitted teleconference meetings during a state of emergency. Then, Newsom further extended the Executive Powers to violate the Brown Act until sunset on January 1, 2024 with no reason or explanation to the Public. Conditions of a State of Emergency are natural disaster, civil unrest, armed conflict, medical Pandemic or epidemic, or other biosecurity risks. A state of emergency may not continue for longer than 30 days unless extended by a joint resolution of the Legislature. With the order allowing for teleconferencing up until January 2024, it is clear that the Governor of California is abusing the Executive Orders and the State of Emergency. The ability of the Public to engage in the political process of open discussions is an essential component of Democracy. Meetings conducted over teleconferencing allow for Government Overreach by giving the power to the Elected Officials to cut off feeds and censor conversations. Teleconferencing erodes normal discourse void of tangible feedback that can only happen in a public setting. Teleconferencing encourages anonymity that breeds anti-social behavior and allows for the ease of censoring civic engagement and for elected officials to avoid feeling the consequences of their actions. Any vote that strips Parents and Citizens of the right of Public Assembly, Medical Freedom, and Bodily Autonomy is a vote against Democracy and a threat to The Constitution. The School Board must take a stand to uphold their sworn Oath to defend the United States Constitution and ensure that children and school staff are safe from Government/Private enterprise Corruption, Political Affiliations, and ongoing mandates related to COVID-19. Will the School Board develop a creative win-win solution to address Senate Bill 1479? Senate Bill 1479 creates an unsafe environment for all pre-K to 12th-grade children attending government schools. Senate Bill 1479 empowers School Staff to continue to violate informed consent rights and participate in invasive Testing, tracking of children, and quarantining of our vulnerable children and unvaccinated Staff. Senate Bill 1479 states, "The State Department of Public Health shall continue administering COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and or organized under the California COVID-19 Testing Task Force." The Bill further states, "Each local educational agency shall create a COVID-19 testing plan consistent with guidance from the State Department of Public Health." According to the Administrative Procedure Act, Guidance documents clarify and affect how agencies administer regulations and programs. However, "guidance" is not legally binding in the same way as rules issued through one of the rulemaking processes of the Administrative Procedure Act. The APA grants PVPUSD flexibility when implementing health guidance. The APA is the District's ticket to freedom. COVID-19 Testing is a medical diagnostic procedure.


Consent is a requirement for all medical procedures. The threat of losing participation in a sports, school, career, or livelihood causes duress and does not meet the basic standards of care under informed consent laws and rights. Informed consent is an ethical and legal obligation of medical practitioners in the U.S. and originates from the patient's right to direct what happens to their body. Suppose a doctor fails to obtain informed consent for non-emergency treatment. In that case, they may be charged with a civil offense like gross negligence and/or a criminal offense such as battery. Suppose a School Teacher, Educator, or School Board Member gives medical advice and coerces, forces, or denies a person the right not to consent to tests and vaccination. In that case, the LEAs will be held personally liable for coercion and manipulation to take a medical product and give up genetic privacy rights. Given that the Federal Government provides Vaccine Manufacturers complete immunity in the event of death and other extreme side-effects such as myocarditis, victims will look for someone else to blame for the horrendous aftermath of a forced injection. According to the Medical Practice Act, Business and Professions Code section 2052, "Any person who practices, attempts to practice, or holds themselves out as practicing…[Medicine] is guilty of a public offense. It is illegal to practice Medicine without a valid license within California. No Teachers or appointed Educational Liaison has the educational training to pose as Doctors. California Legislation Code 2052 states:

  • (a) Notwithstanding Section 146, any person who practices or attempts to practice, or who advertises or holds themselves out as practicing, any system or mode of treating the sick or afflicted in this State, or who diagnoses, treats, operates for, or prescribes for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition of any person, without having at the time of so doing a valid, unrevoked, or unsuspended certificate as provided in this chapter or without being authorized to perform the Act according to a certification obtained by some other provision of law is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment under subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment.

The California Business & Professions Code Section 2052(BPC) defines the unauthorized practice of Medicine. It involves:

  • Practicing, attempting to practice, or advertising or holding yourself out as practicing any system or mode of treating illness or affliction;

  • Diagnosing, treating, operating on, or prescribing medication for any ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other physical or mental condition; or

  • Conspiring with, or aiding and abetting, someone else to do any of the above.

TESTING

The School District may offer Testing per the State and Federal Funding Contract; however, the District may only provide Testing under the grounds that Staff and Students Consent without force, coercion, or the threat of punishment. PVPUSD DISTRICT POLICIES

PVPUSD district policies and Education CODE 234.7 state, "the annual parental notification shall inform parents/guardians of their children's right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General." Subjecting the unvaccinated to routine Testing with no evidence of illness is an affront to religious beliefs. It is a hate crime violation of student/staff dignity, whereby the District assumes individuals with certain characteristics (such as vaccination status) are carrying disease and therefore must prove evidence of non-infection. It's a case of "guilty until proven innocent."

CIVIL RIGHTS Denying students and Staff the Right to Public Education, Free Appropriate Public Education, and the right of a livelihood under the condition that they partake in Testing violates multiple civil and criminal laws. It breaks the rights of devout believers of various religions, forcing citizens to test for Covid based on the false belief that the body is diseased. Targeting the unvaccinated and forcing them to partake in routine viral screening violates The Safe Place To Learn Act, General Education Code Provisions [1. - 325000], Chapter 2, Educational Equity [200-262.4], Safe Place to Learn Act [234 - 234.5]. The Safe Place To Learn Act demands that local educational agencies take certain actions to provide educational equity, including adopting policies that prohibit discrimination, harassment, intimidation, and bullying based on specified characteristics, such as disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of the specified characteristics. LACK OF LONG-TERM VACCINE IMMUNITY The COVID-19 Vaccine neither stops nor prevents transmission of COVID-19. Vaccinated Staff and students within the Palos Verdes School District have tested positive for COVID-19 and fell ill. A study in the leading journal Science reviewed COVID-19 breakthrough infections among 780,225 Veterans, finding that vaccine protection declined from 87.9% to 48.1% during the 2021 Delta surge in the U.S. Researchers found that protection against any COVID-19 infection declined for all vaccine types, with overall vaccine protection declining from 87.9% in February to 48.1% by October 2021. New studies demonstrate, "Among those who had received two BNT162b2 doses, vaccine effectiveness was 65.5% (95% CI, 63.9 to 67.0) 2 to 4 weeks after the second dose, dropping to 15.4% (95% CI, 14.2 to 16.6) after 15 to 19 weeks and dropping further to 8.8% (95% CI, 7.0 to 10.5) after 25 or more weeks." CONTEXT Any comparison of the COVID-19 Vaccine to the Polio Vaccine or other mandatory Vaccines on the current schedule, which provide immunity to deadly viruses, is null and void. On the contrary, the COVID-19 Vaccine wanes much like a seasonal flu shot. AWARD MONEY The District received over $15 million in COVID Award Money under the condition that the District would promote vaccines and test Staff and Students on Campus. The District voted in favor to receive this award without feedback or a vote from the Public, and in doing so, the District used children to meet testing quotas. Forcing unvaccinated Staff, students, and athletes to participate in routine screening is blatant and obvious medical and religious discrimination. It is a flagrant violation of District Policies that guarantee all people will be treated with respect and not discriminated against for their beliefs. The District has the authority to create policies that are based on an OPT-IN and voluntary basis and the District must act swiftly to avoid class action lawsuits from the minority group the District has targeted. GINA ACT By Forcing the unvaccinated or those who have not had a booster shot to partake in routine screening for COVID-19, the District violates genetic privacy rights and the GINA Act. Title II of the Genetic Information Nondiscrimination Act (GINA) protects individuals against employment discrimination on the basis of genetic information. GINA covers employers with 15 or more employees, including state and local governments. Test swabs from the COVID-19 antigen tests subject the individual to allow access genetic information by various financial players like REDCap, a software tool for clinical study management and data capture. (4) Genetic information.--

  • (A) In general.--The term "genetic information" means, with respect to any individual, information about--

  • (i) such individual's genetic tests,

  • (ii) the genetic tests of family members of such individual, and

  • (iii) the manifestation of a disease or disorder in family members of such individuals.

  • (B) Inclusion of genetic services and participation in genetic research.--Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.

  • (C) Exclusions.--The term "genetic information" shall not include information about the sex or age of any individual.

  • (5) Genetic monitoring.--The term "genetic monitoring" means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace.

DISCRIMINATION Discriminatory policies that target the unvaccinated make life more difficult for the unvaccinated. Mandates that target a minority and force a minority to engage in humiliating practices to prove they are not sick will cause irreversible emotional, psychological, social, and emotional harm. Policies that target one demographic of Students, Staff, and Athletes and subject them to unfair treatment will be subject to personal liability claims against the Palos Verdes Unified School District. COMMON SENSE Not all students and Staff eligible for vaccination have wanted to be vaccinated. Of those who have chosen not to take the new COVID-19 Vaccine, many have done so due to medical conditions, religious beliefs, political beliefs, and allergies to the toxic additives in the COVID-19 Vaccine. The COVID-19 Vaccine can cause anaphylactic shock, stroke, myocarditis, and death in rare circumstances. The survival rate for children who develop myocarditis is only 50% within five years. https://www.ncbi.nlm.nih.gov/books/NBK459259/ The notion that children need to be tested for COVID-19 regularly is neither backed by Science nor common sense. Financial Government Contracts state, "Testing is for the promotion of vaccines." Studies confirm that children are at a statistically insignificant risk of severe disease, long-term side effects, and death from COVID-19, with a mortality risk substantially less than from influenza or everyday activities such as riding in a car or swimming. Data provided by the CDC, in the course of the Pandemic from March 2020 to March 16, 2022, show 1,125 total deaths. Out of the United States population of 73 million children under the age of 18 a total death count in two years of 1,125 where the child died with the presence of the SARS-CoV-2 virus brings the childhood case fatality rate to .0015%. DATA According to the American Academy of Pediatrics Weekly Report, nearly 12.8 million children have tested positive for COVID-19 since the onset of the Pandemic. Among states reporting, children ranged from 1.3%-4.6% of their total cumulative cases, and only 0.1%-1.5% of all their child COVID-19 cases resulted in hospitalization. To put that into context, in states reporting, 0.00%-0.01% of all child COVID-19 cases resulted in the death of a child. Nine hundred twenty-eight thousand infectious disease epidemiologists and public health scientists have expressed grave concerns about the damaging physical and mental health impacts of COVID-19 policies. At the same time, thousands of prominent Physicians, Scientists, Epidemiologists, and Health Professionals warn that severe and potentially fatal adverse effects occur due to the COVID-19 Vaccine. The Surgeon General of Florida, Dr. Joseph A. Ladapo (M.D., Ph.D.) and Health Policy Researcher, recommends against COVID-19 vaccines for kids. The COVID-19 Vaccine caused more deaths, long-term injuries, and side effects than any other vaccine. With the ongoing highly publicized controversial mandates, growing civil disagreements, sudden deaths, political dealings, and blatant attempt of the Pharmaceutical Corporations to put profit over the people, it is in the best interest of all stakeholders in the District of Palos Verdes to only engage in Testing if it is voluntary and if possible to remove testing facilities off of Public School Grounds. It is time for the District to follow through with its promise to "put the kids first." Please let me know to which board meeting this agenda item will be added. Best, Erin DiMaggio Member of Save PV Schools, LLC


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