The Sunday before return from winter break, SMMUSD Superintendent’s ‘Stay At Home When Sick’ message (the “Message”) hit the inboxes of all SMMUSD parents, guardians and staff like an uninvited guest.
While it’s understandable that SMMUSD is concerned about the spread of respiratory illnesses in our schools, given the significant rise in such illnesses throughout the country, the statement was a source of frustration given that fact that SMMUSD refuses to reinstate MERV-13 filtration in our schools and MERV-13 or higher filtration is necessary to filter virus carriers.
Adding insult to injury, if a student stays home sick, the parent or guardian is spammed via email, text and phone with a message from SMMUSD that contains the following: “Any time a student has absences, it is a concern to us, since absences cause a student to miss valuable instruction and learning opportunities at school.”
Once you get past the initial annoyance over the ‘stay at home when sick, but we won’t implement MERV-13 filtration to help keep students and teachers in the classroom’ message, you are then hit with the false spin, referring to “questions from a few parents and staff regarding our indoor air quality” and linking to a “short memo” on indoor air quality and filters (the “Memo”).
The term “few” is a gross understatement, given the fact that (1) far more than a few community members emailed the District and School Board to ask for reinstatement of MERV-13 filtration in our schools, (2) representatives of PTA Council (leadership of our parent/teacher organization) and SMMCTA (our teachers’ union) have expressed concerns over the removal of MERV-13 filtration, and (3) clean air and other organizations have written letters in support of clean air and MERV-13 or higher filtration in SMMUSD schools.
Because the Memo and other documents/statements from the District contain a lot of misinformation, I believe it important to provide the community with the facts. The following is based upon a thorough reading of the laws (including the legislative history) and recommendations relating to clean indoor air in schools, meetings with clean air experts/advocates, a meeting and correspondence with representatives from CalSHAPE and the California Energy Commission, a meeting with the facilities department and community members, and correspondence, documentation and studies relating to clean indoor air in schools.
1. Over the summer and without any notice to the community, SMMUSD removed the MERV-13 filters from all of our schools and replaced them, in most cases, with the inferior MERV-8 filters. Prior to removal, SMMUSD used MERV-13 filters in our schools for over two years.
2. MERV-13 filtration is able to filter (while MERV-8 is NOT) the following from our classrooms: mold spores, virus carriers, bacteria, car fumes and smog, smoke from wildfires, and microscopic allergens.
3. Studies have shown that high quality indoor air in schools: (a) Decreases absenteeism, (b) Increases student, teacher and staff productivity, and (c) Improves student performance and outcomes. Clean indoor air in schools has a significant DEI component.
4. The District’s statement that “SMMUSD is currently following all laws, codes and recommendations from the state and the Los Angeles County Department of Public Health (LACDPH)” is false and misleading. The California Department of Public Health (which is a state agency) recommends MERV-13 or higher filtration. In addition, the Department of Education, Center for Disease Control, Environmental Protection Agency, ASHRAE, the National Air Filtration Association, and other organizations, also recommend MERV-13 or higher filtration.
5. AB 2232 – Was introduced by CA Assemblymember Kevin McCarty (D), received bipartisan support, and was signed into law by Gov. Newsom on September 29, 2022.
a. It requires, among other things, that schools install filtration that achieves MERV levels of 13 or higher when feasible as determined by a school. The “feasible” provision is a loophole that was intended to accommodate schools in underserved communities. What I do not believe was the intention of the legislature is for SMMUSD, one of the wealthiest districts in California, to drive a school bus through the loophole. The legislative history for AB2232 mentions that concerns were raised by LAUSD, which is the second largest school district in the nation and which has a large number of schools in underserved communities. That said, LAUSD’s superintendent publicly announced that all schools in LAUSD would have MERV-13 filtration upon return to school in August 2023. Clearly, it is feasible to use MERV-13 filtration.
b. AB2232 was supported by the California State PTA, California Federation of Teachers, California Teachers Association, CA Faculty Association, Community Action to Fight Asthma, Natural Resources Defense Council and U.S. Green Building Council, among others.
6. SMMUSD claims that using MERV-13 filtration will reduce the life of our existing HVAC systems, without any proof or support for such a claim.
a. Despite repeated requests from the community, SMMUSD failed to provide any documentation to support its claim of reduction in the life of our HVAC or detailing the number of years it alleges the life will be reduced.
b. In a meeting with SMMUSD’s Chief Operations Officer, Carey Upton, and representatives from PTA Council, SMMCTA, SEIU (our service workers’ union) and School Board Member Alicia Mignano, SMMUSD’s Director of Maintenance, Glen Infuso, confirmed that any potential impact on our HVAC would be minimized if the MERV-13 filters were replaced when dirty, and doors and windows were kept closed.
c. A representative from SMMCTA called one of our HVAC manufacturers who advised her that using MERV-13 filters would not reduce the life of our HVAC.
7. SMMUSD has a number of sources of funding for clean indoor air and MERV-13 filtration.
a. SMMUSD is a “basic aid” district, which puts SMMUSD in the top 10% of CA districts in terms of state funding (on a per pupil basis).
b. Bonds are used for facilities and other capital improvements, such as HVAC. Between 2006 and 2018, Santa Monica and Malibu have passed over $1.36 billion in bonds (principal only) for SMMUSD facility improvements (BB - $268 million; ES — $385 million; SMS - $485 million; and M - $195 million). SMMUSD will likely seek another large bond in 2024.
c. SMMUSD receives approximately $40 million annually (which can vary from year to year) from the City of Santa Monicafrom parcel and use taxes, and the joint use agreements.
8. B 841 – Established two grant programs, one of which is referred to as CalSHAPE. Notwithstanding the false information/statements from Carey Upton (that SMMUSD did not meet the eligibility requirements for CalSHAPE, that CalSHAPE was a matching grant, that SMMUSD was not eligible for prior rounds of funding for CalSHAPE, and that SMMUSD did not have a project to put forth under CalSHAPE), SMMUSD was eligible (and advised by CalSHAPE of our eligibility) for funding under CalSHAPE since August 2022, which is over a year ago. After repeated requests for SMMUSD to apply for available state funding under CalSHAPE went unanswered, SMMUSD finally applied for CalSHAPE on October 24, 2023 (only six days after Carey Upton falsely stated to City councilmember Caroline Torosis, in a public and recorded Santa Monica Democratic Club meeting, that SMMUSD was not eligible for CalSHAPE because we didn’t have a project to put forward which is not even a requirement of CalSHAPE).
a. SMMUSD was issued a notice of proposed award on November 8, 2023 for $1.61 Million under the Assessment and Maintenance (A&M) grant of the CalSHAPE ventilation program.
b. In order to receive full funding for upgrades and repairs (and possible replacement) of our HVAC systems, SMMUSD must complete all assessments under the A&M grant, complete the final assessment report AND apply for the Upgrade and Repair grant under CalSHAPE by May 31, 2024.
9. Carey Upton claims that the District will need to hire 2 additional skilled maintenance workers SOLELY to replace MERV-13 filters, at an approximate cost of $200,000 ($100,000 per worker) annually. I know what everyone is thinking: I’ll replace the filters for an annual salary of $100,000. But, no one really believes that the sole responsibility will be to replace MERV-13 filters. More likely, you will be spending your time dealing with the malfunctioning HVAC systems in the new Discovery and Innovation buildings at Samohi or patching the holes in the ceiling of a JAMS classroom from which rats are falling or addressing the myriad of other problems with our facilities in SMMUSD.
a. The District is comparing apples to oranges. Prior to the pandemic, SMMUSD only turned on HVAC when it was too hot or too cold in the classrooms. Now, our HVAC is running the entire school day. The more HVAC is running, the more it filters and the dirtier the filters become. Whether we use MERV-8 or MERV-13, the filters must be changed more frequently.
b. The District seems to be ignoring the fact that MERV-8 filters also need to be replaced, with some filter manufacturers recommending every three months regardless of the MERV level. Since we are on the topic, it’s been almost 6 months since the District installed the MERV-8 filters. When is the District planning on replacing them?
This is a quote from the August 5, 2022 Superintendent’s Message from former Superintendent Dr. Drati: “Indoor Air Quality. Since our return to in-person instruction in spring of 2021, we have installed and maintained (Minimum Efficiency Reporting Values) MERV 13 filters in classrooms / spaces with air conditioning systems, and air scrubbers have been provided to indoor spaces without systems. MERV 13 air filters can filter out bacteria and viruses that can cause infections, including Covid-19. They are the highest rated filters that fit in standard units. Most homes have MERV 8 filters as the default.”
If SMMUSD has known about the importance of MERV-13 filtration since August 2022, why is it now downplaying the importance of such filtration?
As mentioned above, I have correspondence and documentation which supports the foregoing. Where is SMMUSD’s documentation? Before the District is allowed to continue to falsely accuse SMMUSD parents of “circulating misinformation,” we should require that the District provide documentation.
DeAnne Ozaki, SMMUSD parent & Santa Monica resident
