Let’s Talk - Lozano Smith Podcast: Recent Episodes
Lozano Smith
This Lozano Smith Podcast episode is the first in a 4-part series Leadership in Action, brought to you by Lozano Smith and Lozano Smith’s Concierge Consulting Services, also known as CCS. Increasingly in recent years, the perception of governing board meetings have trended negative, with school leaders concerned over disruptions, lack of productivity, and more. In this episode, host Sloan Simmons engages with Lozano Smith CCS expert Kevin Skelly, Ph.D. and Partner Megan Macy regarding best practices in fostering a welcoming and positive experience during governing board meetings, to the benefit of district constituents, students, staff, administrators, and the governing board. Practical takeaways from this episode can benefit both new and veteran governing board members in improving the experience and productivity of board meetings.
Show Notes & References
- 3:13 – Making board meetings positive
- 7:04 – Planning for meetings and bringing issues forward
- 8:38 – Creating welcoming board meetings for constituents
- 13:10 – Connecting with constituents at meeting
- 13:57 – Celebrating success at board meetings
- 16:54 – Media coverage and relationships with local news networks
- 19:08 – Importance of board trainings and in-the-moment issue spotting
- 23:36 – Taking students and teachers into account
- 26:35 – Getting a “win” out of a “loss” at a board meeting
- 31:25 – Qualities of good governance teams and successful strategies to employ
- 36:27 – Modeling respect at board meetings
To learn more about the Lozano Smith’s Concierge Consulting Services (CCS) team, join us here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode of our podcast, host Sloan Simmons engages with Lozano Smith special education experts Aly Bivins and Josh Walden. They discuss the recent trends and guidance in the arena of goal writing for special education students. Aly and Josh provide insights on recent OAH decisions on point, and lessons learned from those due process outcomes.
Show Notes & References
- 1:17 – Lozano Smith Podcast Episode 66 – Addressing Inclusion Confusion Following COVID (Listen here)
- 2:06 – The importance of annual goals (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) (Client News Brief 15 – April 2023)
- 3:06 – Impact on Rachel H. decision (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405)
- 3:52 – Recent Office of Administrative Hearings (OAH) decisions regarding goals
- 5:03 – OAH on clarity in goal writing
- 5:22 – South Sutter Charter School case (Student v. South Sutter Charter School (OAH 2024) Case Nos. 2023100030/2023100175)
- 8:47 – Meeting the “stranger test”
- 9:52 – Goals and relationship to instruction and services
- 10:24 – LAUSD case (Student v. Los Angeles Unified School District (OAH 2024) Case No. 2023100526)
- 11:38 – Separate goals in relation to specific areas of need
- 12:18 – S.W. v. Capistrano case standard (Capistrano Unified School District v. S.W. (9th Cir. 2021) 21 F.4th 1125; Student v. Capistrano Unified School District (OAH 2023) Case No. 2023050289)
- 13:40 – Including underlying conditions in goals
- 15:44 – Baselines and Ukiah case (Student v. Ukiah Unified School District (OAH 2024) Case Nos. 2024010195/2023100750)
- 19:11 – Big picture takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, host Sloan Simmons engages with Lozano Smith charter school experts Courtney de Groof and Eric Barba. The group discusses the recent Oklahoma Supreme Court decision to block the nation’s first proposed religious charter school and implications of this development here in California and more broadly.
Show Notes & References
- 1:55 – Drummond vs. Oklahoma Statewide Virtual Charter School Board (Client News Brief 31 – August 2023)
- 7:23 – Issues presented in Oklahoma Decision
- 8:42 – Oklahoma State Charter Schools Act
- 9:45 – Federal constitutional questions that were addressed
- 12:22 – Federal cases (Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) 582 U.S. 449; Espinoza v. Montana Department of Revenue, et al (2020) 591 US 464)
- 19:11 – Big picture takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Join host Sloan Simmons as he discusses new legislative enactments and trending student issues impacting the 2024-2025 school year with Lozano Smith experts Kyle Raney and Kendra Tovey. This episode covers a range of hot topic issues, from a new round of changes to Independent Study to AB 1955.
Show Notes & References
- 1:17 – School recess (Senate Bill (SB) 291) (Client News Brief 45 – December 2023)
- 3:59 – Repeal of withholding recess as a disciplinary measure
- 6:01 – Defiance and disruption, and the Keep Kids in School Bill (SB 274) (Client News Brief 37 – November 2023)
- 9:39 – Changes to Independent Study (IS) (SB 153) (Client News Brief 38 – August 2024)
- 10:29 – “Short term” versus “Long term” IS
- 11:15 – Impacts on ADA (average daily attendance) apportionment
- 12:47 – Asynchronous instruction/participation
- 13:47 – The intersection of emergency closures and IS (Education Code sections 46393 and 51747)
- 18:45 – Gender identity rights for students and the SAFETY Act (Assembly Bill (AB) 1955)
- 20:06 – AB 1266 (2014)
- 20:45 – California Department of Education (CDE) Legal Guidance and FAQs on AB 1266
- 22:50 – AB 1955 and protections for LEA employees and contractors
- 24:55 – Updates to annual notices:
- 25:17 – Discrimination complaints related to textbooks, materials and curriculum
- 26:20 – Non-compliance with the Local Control Accountability Plan (LCAP) requirements
- 27:13 – California College Guidance Initiative Data Sharing
- 27:44 – Cell phones on campus
- 30:24 – Mandated policies limiting smart phone use (AB 3216)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this podcast, host Sloan Simmons engages with Lozano Smith Title IX Practice Group Leaders Monica Batanero and Sarah Fama in a step-by-step discussion regarding the new Title IX regulations, as well as helpful context regarding various legal challenges pending around the country to the new regulations.
Show Notes & References
- 1:48 – Overview of Title IX
- 3:48 – New Title IX Regulations
- 6:14 – California regulations under the Education code
- 8:19 – Flexibility within new regulations
- 10:28 – Sex-based harassment structure for students at higher education institutions (34 CFR 106.46)
- 12:06 – August 1, 2024 implementation deadline and policy updates
- 18:22 – Lawsuits around the country and impacts on California schools
- 19:05 – State of Kansas v. U.S. Department of Education, No. 23-CV-3205-JWL, 2024 WL [specific page numbers to be determined], (D. Kan. July 2, 2024)
- 21:58 – Overruling of the Chevron Doctrine and its impact
- 22:53 – Loper Bright Enterprises v. Raimondo, 603 U.S. ___ (2024); 144 S.Ct. 2244
- 23:05 – Bostock v. Clayton County, 590 U.S. 644 (2020)
- 26:09 – Resources and training opportunities
- 26:45 – Lozano Smith Illuminate
- 28:00 – Lozano Smith Title IX Toolkit – Email clientservices@lozanosmith.com for more information
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, host Sloan Simmons engages with Lozano Smith attorneys Carolyn Gemma and Jaspreet Lochab-Dogra regarding the application and interactions between the various compliant procedures utilized by California’s K-12 school districts.
Show Notes & References
- 1:45 – Common complaint procedures
- 1:51 – BP/AP 1312.1 (Complaints Concerning District Employees)
- 1:56 – BP/AP 1312.3 (Uniform Complaint Procedures (UCP))
- 2:01 – BP/AP 4030 (Non-Discrimination in Employment)
- 2:05 – Title IX and Williams complaint procedures
- 2:38 – UCP process
- 3:33 – What is covered under the UCP
- 4:39 – Removal of special education from the UCP
- 6:05 – Complaint procedures for employees with protected characteristics (BP/AR 4030)
- 6:32 – Complaint procedures for employees not related to protected characteristics (BP/AR 1312.1)
- 7:34 – Interaction of UCP and Title IX complaint processes
- 7:59 – New Title IX Regulations (OCR) – August 1, 2024
- 9:27 – Appeals under new Title IX Regulations
- 11:24 – Complaints regarding instructional materials or facilities (Williams complaint procedures)
- 11:37 – Complaints regarding library materials (AB 1078)
- 13:47 – UCP vs. Williams complaint process
- 15:29 – Commonalities between complaint processes
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In episode four of our series on Artificial Intelligence for Public Agencies and School Districts, we explore the intersection of student issues and AI. Join Lozano Smith attorneys Karen M. Rezendes, Ruth E. Mendyk, and Joshua Whiteside in their discussion of the use of AI and its effect on K-12 students, existing rules and regulations, issues of deepfakes and plagiarism, and big picture considerations for school administrators.
Show Notes & References
- 1:57 – Law, rules, and regulations
- 3:54 – Other considerations for students and the use of AI
- 5:55 – Importance of human connection between educators and students
- 7:55 – Risks and misuse of AI by students and staff
- 9:55 – Creation of “deepfakes”
- 12:29 – Discipline for cyberbullying (Education Code section 48900(r))
- 13:50 – Existing and emerging AI editing tools
- 15:16 – Academic integrity and plagiarism
- 17:56 – AI’s influence on teacher instruction
- 19:11 – Student research and Codes of Conduct
- 22:30 – Positive and negative impacts of AI on learning
- 25:58 – Risk of misinformation
- 26:46 – Lack of checks and balances
- 28:14 – Sources of information – potential for bad actors and flawed information
- 31:02 – Educating students on digital literacy
- 32:02 – Advice for school administrators
Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In episode three of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is impacting the facilities and operations side of school districts. Join Lozano Smith attorneys Karen M. Rezendes, Robert A. Lomeli, and Junaid Halani as they discuss how AI technologies are being integrated into the day-to-day processes of school districts’ facilities departments and business operations. We also discuss real-world applications and potential pitfalls involving AI as AI has an ever-increasing presence and utility in allowing resource strapped public agencies to function efficiently.
Show Notes & References
- 2:05 – Managing school Facilities and Business (FAB) operations
- 4:13 – Regulations on use of Artificial Intelligence (AI) in FAB
- 8:28 – Major concerns with intersection of AI and FAB
- 11:02 – Overreliance and legal noncompliance
- 15:12 – Ethical considerations and risks
- 23:32 – Example experiences for public agencies and school districts
- 30:35 – Outlook on the future
Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In episode two of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is revolutionizing the field of special education. Join Lozano Smith attorneys Karen M. Rezendes, Sarah L. Garcia, and Karina Demirchyan as they discuss how AI technologies are enabling a more inclusive learning environment and creating more equitable educational opportunities for students with diverse needs. We also discuss real-world applications and success stories involving AI, ethical considerations, and our future outlook regarding AI tools in special education.
Show Notes & References
- 2:12 – AI in the context of special education
- 3:38 – Individualized support and AI
- 4:35 – Legal regulations for AI
- 5:38 – Data privacy concerns
- 7:35 – Bias issues
- 8:52 – Ethical considerations and challenges
- 10:33 – AI success stories
- 17:37 – The role of AI at IEPs and other meetings with parent involvement
- 19:37 – Currently available AI supports
- 22:03 – The future of AI and special education
Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Dive into the evolving world of Artificial Intelligence (AI) with the first episode in our new series, designed to cut through the hype and uncover the real impact of AI on public agencies. Lozano Smith’s Managing Partner, Karen M. Rezendes, along with Lozano Smith attorneys Robert A. Lomeli, Karina Demirchyan, and Nicholas J. Clair, offer a foundational exploration of AI technologies like ChatGPT, Microsoft Copilot, and Google Gemini. This episode provides an accessible overview on how public employees are leveraging AI, the importance of keeping humans in the loop, and practical examples of AI in school environments and beyond. The team also addresses crucial concerns such as bias, accuracy, and the legal landscape surrounding AI, including copyright issues and cybersecurity risks. As we embark on this series, join us for essential insights and recommendations to navigate AI’s promising yet challenging terrain in public agency operations.
Show Notes & References
- 2:39 – What is generative Artificial Intelligence (AI)?
- 3:48 – Common AI platforms (ChatGPT, Anthropic Claude, Copilot, Bard/Gemini)
- 5:29 – How to access AI
- 9:44 – Observations on public employees using AI
- 14:31 – Keeping humans in the loop
- 16:17 – Examples of AI in a school environment
- 18:22 – Other opportunities for AI use by public agencies
- 21:18 – AI data privacy issues
- 23:46 – Bias in AI
- 24:49 – Accuracy issues and hallucinations
- 28:07 – Risks of not understanding AI
- 31:25 – Deepfakes and cybersecurity risks
- 36:18 – Existing and forthcoming laws and regulations (https://www.lozanosmith.com/ai.php)
- 39:03 – Copyright issues and The New York Times Company v. Microsoft Corporation, OpenAI Inc., S.D.N.Y, No. 1:23-cv-11195
- 39:42 – Liability risks
- 41:22 – Developing policies and parameters
- 43:11 – General recommendations
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
California’s vibrant food cultures and many days of sunshine means you have probably seen an individual selling food and goods from a sidewalk or street cart. However, this entrepreneurship led to many debates about whether certain neighborhoods should be off-limits to street (or sidewalk) vendors, how many to allow, and whether brick-and-mortar businesses needed to give permission for these carts to operate nearby. Thanks to new laws enacted in the past five years, local governments now have some answers on how they can and can’t limit these activities. Lozano Smith attorneys Matthew M. Lear and Jack Jackson II join co-host Josh Whiteside as they cover the new laws and consider practical ways for local municipalities to interact with these vibrant vendors.
Show Notes & References
- 1:13 – What is a street (sidewalk) vendor?
- 2:47 – Senate Bill (SB) 946 and the Safe Sidewalk Vending Act
- 4:01 – Restrictions on regulating vendors
- 4:37 – City of Los Angeles lawsuit (Community Power Collective, et al. v. City of Los Angeles (22STCP04289))
- 5:34 – Health and safety inspections
- 7:01 – Penalties for unpermitted vendors
- 12:50 – Where to submit complaints
- 14:32 – California Retail Food Code (Health & Safety Code § 113700, et seq.)
- 15:21 – Compact mobile food operations (SB 972)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, Lozano Smith Podcast co-host Josh Whiteside has invited attorneys Amanda Savage and James McCann to provide a helpful “how-to” guide for public agencies procuring and bidding for goods, services, and other contracted work. Topics include bidding thresholds, understanding the difference between maintenance and construction, as well as brief rules of the road for piggybacking, energy service contracts, and emergency contracts.
Show Notes & References
- 1:54 – Background
- 6:20 – Municipal contracts
- 7:50 – Uniform Public Construction Cost Accounting Act (CUPCCAA)
- 9:28 – Bidding thresholds and estimates
- 10:18 – Special districts
- 11:18 – Non-public work bidding for goods and services
- 11:36 – Adopting procurement systems for cities and counties
- 12:31 – Ordinances and procurement manuals and handbooks
- 14:14 – Public transparency
- 16:01 – Educational agencies
- 17:31 – Cons of becoming a CUPCCAA district
- 19:20 – Construction in public work projects
- 19:59 – Maintenance vs. construction
- 21:05 – Thresholds for public projects vs. maintenance projects
- 24:16 – Other procurement methods (i.e. engineering or architectural services)
- 26:30 – Finalizing selections after bidding process ends
- 32:07 – Special services (i.e. legal, financial, etc.)
- 34:14 – Piggybacking
- 35:10 – Energy service contracts
- 36:24 – Emergency contracting and what qualifies
- 40:40 – Funding sources
- 42:49 – Overall thoughts and guidance
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, Lozano Smith Podcast host Sloan Simmons discusses with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Josh Whiteside important legislative updates regarding student matters resulting from the close of this year’s legislative session.
Show Notes & References
- 1:55 – Prohibition on removal of instructional materials/library books (Assembly Bill (AB) 1078) (Client News Brief 36 – November 2023)
- 3:46 – Episode 63 Getting to Know and Understand the FAIR Act (listen here)
- 4:59 – Consequences to not following AB 1078 guidelines
- 9:40 – Suspension for defiance and disruption (Senate Bill (SB) 274) (Client News Brief 37 – November 2023)
- 10:14 – Grounds for discipline (Education Code section 48900(k))
- 14:17 – California Longitudinal Pupil Achievement Data System (CALPADS)
- 14:20 – Teacher suspension from class (Ed. Code section 48910)
- 16:23 – Discipline and restorative justice practices (AB 1165) (Client News Brief 45 – December 2023)
- 19:15 – Right to recess time and repeal of Ed. Code section 44807.5 (SB 291) (Client News Brief 45 – December 2023)
- 23:48 – SB 291 and interaction with mealtime detentions
- 26:15 – Other student related legislation impacting 2024
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Designed for new administrators and/or those new to the bargaining table, co-host Joshua Whiteside is joined by Lozano Smith attorneys Daniel McElhinney and Kara Walton to discuss the basics of bargaining. Topics include figuring out who should be on the bargaining team, how to identify a lead negotiator, what type of contract negotiations can occur, and strategies to foster good processes and outcomes.
Show Notes & References
- 2:35 – Preparing for negotiations
- 3:38 – Educational Employment Relations Act (EERA or Rodda Act)
- 5:34 – New administrators joining the bargaining team
- 8:02 – Superintendents in negotiations
- 8:47 – Board members in negotiations
- 10:41 – Identifying your lead negotiator
- 11:43 – Open vs. closed contract negotiations; successor and reopener negotiations
- 15:03 – Negotiations outside of the contract
- 16:37 – Representing interests on both sides of the table
- 19:13 – Strategies to foster good will
- 21:36 – Labor management team meetings
- 22:05 – The role of legal counsel
- 23:39 – Final thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Join Lozano Smith Podcast host Sloan Simmons for a discussion with Partner attorneys Daniel Maruccia and Harold Freiman regarding Citizen Bond Oversight Committees. This podcast provides an insightful primer into such committees, including their purpose, applicable requirements, and commonly asked questions and issues.
Show Notes & References
- 1:47 – Overview of CBOCs (Citizen Bond Oversight Committees) and why they exist
- 4:21 – Required minimum number of committee members
- 5:59 – CBOCs and similarities to Brown Act committees
- 7:59 – Prop 39 (2000) and passing bonds with 55% approval
- 8:34 – Impact of Prop 39 on bond measure passage
- 9:09 – Roles and responsibilities of CBOCs
- 9:43 – Mission creep
- 17:09 – Administrative and technical support for CBOCs
- 19:23 – Contra Costa County Grand Jury Report and CBOCs going beyond their roles
- 21:57 – Common issues and questions
- 26:41 – Filling committee seats and member eligibility rules
- 32:40 – Simultaneous bond measures
- 36:30 – Bond program lengths and what happens to CBOCs after bond funds are spent
- 39:33 – Closing thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Join host Sloan Simmons in this Lozano Smith podcast in which Partner Thomas Gauthier discusses annual organizational meetings for school districts. This timely discussion provides insights into the structure and purpose to these meetings, which take place every December.
Show Notes & References
- 1:03 – Basic overview of organizational meetings
- 2:19 – Education Code sections 1009 and 35143
- 2:55 – Board Bylaw 9100 and electing board officers
- 3:42 – Vice President and Clerk roles
- 4:54 – The six requirements of Board Bylaw 9100
- 6:52 – Election and nomination process for officers
- 9:57 – Failed nomination scenario
- 11:23 – Risks of not following bylaws and policies
- 12:57 – Flexibly for holding elections outside of annual meeting (Education Code section 35160)
- 14:47 – Officer duties
- 15:10 – Board President duties (Board Bylaw 9121)
- 17:50 – Clerk/Vice President duties (Board Bylaw 9123)
- 19:01 – Signature authorizations (Board Bylaw 9122)
- 19:33 – Adopting schedule of regular meetings (Board Bylaw 9100 and the Brown Act)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future. Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.
Show Notes & References
- 1:26 – What is inclusion?
- 2:38 – The history of inclusion and why it matters
- 2:54 – Individuals with Disabilities Education Act (IDEA)
- 7:07 – Inclusion levels in classrooms
- 8:40 – What an inclusive environment should look like
- 10:36 – Least Restrictive Environment (LRE)
- 11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
- 13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 – April 2023)
- 18:40 – Learning recovery and addressing disparities
- 21:45 – Referrals for inclusion programs
- 22:32 – Social Emotional Learning (SEL) curriculum
- 23:15 – Next steps for the future
- 25:14 – Multi-Tiered System of Supports (MTSS)
- 26:48 – Behavior, discipline, and support for students and teachers in the classroom
- 33:38 – Check-in’s and coming back
- 35:26 – Final thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education attorneys Kendra Tovey and Amanda Cordova regarding independent study in the context of special education students in light of the now existing independent study legal framework post-pandemic.
Show Notes & References
- 1:06 – Special education students participation in Independent Study (IS) (Client News Brief 39 – August 2022)
- 2:16 – Transitioning back from distance learning
- 3:45 – Responding to IS requests
- 4:26 – Free Appropriate Public Education (FAPE)
- 6:13 – Least Restrictive Environment (LRE)
- 8:34 – Amending Individualized Educational Plans (IEPs) to provide a FAPE during IS
- 9:17 – Changing placement and other considerations
- 10:08 – E. E. et al. v. State of California et al. (N.D. Cal.) Case No. 21-cv-07585-SI (2022 WL 16752080)
- 13:47 – Providing services to students participating in IS
- 15:40 – (Nonpublic Agency) NPA
- 16:24 – District obligations to provide in-home supports and services
- 19:07 – Increase in requests for IS
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
With the ever-growing demand for housing in California, many local governments are turning to Accessory Dwelling Units (“ADUs”). Host Joshua Whiteside joins Lozano Smith attorneys Jennifer Thompson and Kevin Serrano to examine the housing situation in California, benefits and challenges of ADUs to cities and local agencies, ADU requirements, and latest trends.
Show Notes & References
1:29 – The housing situation in California 2:22 – What is an ADU (Accessory Dwelling Unit) 3:04 – ADUs and parking 6:03 – Lot sizing 8:25 – ADU approvals 10:04 - Homeowner associations and ADUs 12:41 – Benefits to cities and local agencies 13:31 – Impact fees 15:58 – Zoning and requirements for ADUs 22:36 – JADU (Junior Accessory Dwelling Unit) 24:44 – Closing thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
The Fair, Accurate, Inclusive and Respectful (“FAIR”) Act became law in 2012 and was enacted with the goal of California schools including a more historically accurate depiction of the contributions of LGBT Americans in the curriculum and to reduce the negative stereotypes and bullying that plague a majority of LGBT youth. However, in light of national and local controversies regarding discussion of LGBT issues at public schools, some may be confused or unsure about how to be compliant with the FAIR Act and comprehensive sexual health education opt-out requests, and/or avoid parent complaints. In this episode, Lozano Smith's San Diego Managing Partner Trevin Sims and Senior Counsel Angelique Cramer will cover the basics of what the law requires and address the interplay between laws that pertain to LGBT issues at schools, as well as how to handle parent concerns regarding the curriculum.
Show Notes & References
2:00 – The FAIR (Fair, Accurate, Inclusive & Respectful) Act 2:33 – Legislative history of the FAIR Act 3:44 – Referenced groups in the FAIR Act 5:09 – Curriculum requirements 6:33 – Health/sex education and the California Healthy Youth Act 7:24 – Exemptions and opt outs 11:21 – Implementation and challenges for schools 14:31 – CDE FAQs and CDE discussion of interplay of both Acts 16:45 – Where disputes occur and how they are submitted 20:43 – Spontaneous classroom discussions and guidance for districts 25:04 – Takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Erin Hamor, Partner and Co-chair of Lozano Smith's Charter School Practice Group, is back with an important update on the fate of charter school renewals in the state in light of new pending legislation, discussed in our most recent episode, Charter School Renewals - They're Back!
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith Partners and charter school experts Ed Sklar and Erin Hamor regarding the forthcoming return of the charter school renewal process under pre-Pandemic changes in the law resulting from AB 1505.
Show Notes & References
- 1:32 – Charter renewals and where we left off (listen to Episode 57 here)
- 2:19 – AB 1505 (2019) and The Charter Schools Act reform
- 5:32 – Removal of the Dashboard and impact on charter renewals
- 8:20 – Other factors impacting renewal
- 9:10 – Data used for renewals
- 12:36 – Examples of Verified Data
- 14:30 – Potential disputes over data
- 16:48 – Governance and fiscal issues
- 18:32 – “Cure and Correct” notices
- 19:01 – Selective enrollment issues
- 19:29 – The Charter Schools Act
- 22:16 – Notice of deficiencies
- 23:15 – Next steps for charter authorizers
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education Partner Sarah Garcia and special education attorney Kaitlyn Tucker about the nuances and options when responding to student behavior, including imposition of student discipline and other options, in the special education context.
Show Notes & References
- 1:28 – Expedited due process hearings (34 C.F.R. § 300.532.)
- 1:46 – The Office of Administrative Hearings (OAH)
- 3:40 – Honig injunction procedure (Honig v. Doe (1988) 484 U.S. 305)
- 5:54 – Differences between expedited and normal due process hearings (34 C.F.R. § 300.507; 34 C.F.R. § 300.510; 34 C.F.R. § 300.532(c); OAH: Due Process; Letter to Snyder (OSEP 2015).)
- 8:00 – Manifestation Determination (MD) (34 C.F.R. § 300.530(e).)
- 12:38 – Correctly counting 10 days (partial vs. full days of suspension) (Questions & Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 2022))
- 15:29 – Patterns surrounding basis of knowledge
- 19:59 – Risks of proceeding with expulsion hearings
- 21:54 – District request for Interim Alternative Education Settings (IAES) (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a); 34 C.F.R. § 300.532(b)(2)(ii).)
- 24:38 – IAES process vs Honig injunction procedure
- 26:25 – Stay put during disciplinary challenges (34 C.F.R. § 300.518; 34 C.F.R. § 300.533; 20 U.S.C. § 1415(j).)
- 30:26 – Recent orders from OAH (OAH Case Nos. 2022080223/2022110728)
- 35:04 – Takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Effective 2023, the California Public Records Act (“CPRA”) has a new statutory “home” within the Government Code. (See Gov. Code, § 7920.000 et seq.) While the Legislature has indicated this reorganization is not intended to change the CPRA substantively, the practical effects of this reorganization remain to be seen. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Partner, Manuel Martinez, and Senior Counsel, Alyse Pacheco Nichols, to discuss this statutory reorganization; guesses as to the Legislature’s rationale for the reorganization; and how this reorganization will or will not effect the way public agencies response to CPRA requests.
Show Notes & References
- 2:10 – Statute reorganization effective January 2023
- 12:04 – Status of catch-all provisions (Alphabetical List [7930.100 – 7930.215])
- 13:57 – Impact on public agencies
- 18:30 – Trends in case law and in practice
- 19:15 – Iloh v. Regents of the University of California (2023) 87 Cal.App.5th 513
- 19:42 – City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (Lozano Smith Tip Jar – 2017)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
This episode provides school administrators with the latest legislative changes and developments regarding student matters with Lozano Smith and Student Practice Group leaders Ruth Mendyk and Joshua Whiteside, along with Fresno attorney Nisha Dale.
Show Notes & References
- 1:23 – Governor’s Executive Order: End of State of Emergency (February 28, 2023)
- 2:29 –Student threats and firearms (SB 906) (Client News Brief 41 – August 2022)
- 7:09 – Excused absence for civic or political event (SB 955) (Education Code section 48205)
- 9:50 – Homeless youth (Client News Brief 4 – January 2023)
- 10:21 – McKinney-Vento Homeless Assistance Act
- 11:10 – New requirements for districts regarding homeless students (AB 2375)
- 11:41 – CDE Model Housing Questionnaire
- 12:07 – Updates to homeless youth policies (AB 408)
- 15:00 – COVID-19 testing plan (SB 1479)
- 16:40 – MOUs with non-profits for eye exams (AB 2329)
- 19:05 – Including students on LCAP Parent Advisory Committees (SB 997) (Client News Brief 9 – February 2023)
- 21:16 – Graduation dress code and the First Amendment (Waln v. Dysart School District (9th Cir. 2022) 54 F.4th 1152) (Client News Brief 6 – January 2023)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
The United States Supreme Court’s June 2022 Opinion in Kennedy v. Bremerton School District marked a potential sea change for the considerations school districts must account for in relation to employee private religious expression in the school context, whether as a matter of constitutional free speech rights vs. regulation of employee speech, free exercise of religion, or the Establishment Clause. With the benefit of several months and almost half a school year to consider the impacts and ramifications of Kennedy, host Sloan Simmons talks with Michelle Cannon and Kendra Tovey on their understanding of Kennedy’s immediate and anticipated potential impacts, as well as options and challenges for school districts looking ahead.
Show Notes & References
- 2:06 – Kennedy v. Bremerton School District case background (Client News Brief 31 – July 2022)
- 5:09 – Lemon v. Kurtzman (1971) 403 U.S. 602
- 8:05 – Facts focused on by Supreme Court in the majority opinion
- 10:42 – Garcetti v. Ceballos (2006) 547 U.S. 410
- 11:16 – Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954
- 13:30 – Three clauses of the First Amendment – U.S. Const., amend. I
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
As discussed in Episode 56, there were three pending charter school petition appeals to the State Board of Education (SBE) following denial by the respective LEAs. These were the first three charter petition appeals subject to the new appeal processes since Assembly Bill 1505 became effective in 2020. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Megan Macy and Courtney de Groof to follow up and discuss the outcomes of these petition appeals and what to anticipate going forward.
Show Notes & References
1:51 – AB 1505 and appeals to the State Board of Education (SBE) 3:39 – Standards of review 4:50 – Recent local educational agency (LEA) appeals 7:23 – Advisory Committee on Charter Schools (ACCS) 9:08 – Summary denial process 9:59 – Fiscal impact basis of denial (Education code section 47605 (c) (8)) 11:41 – Fiscal Crisis & Management Assistance Team (FCMAT) 13:00 – Procedural issues related to public hearings 14:31 – Community interest standard of denial (Education code section 47605 (c) (7)) 16:39 – Determining charter authorizers 19:01 – Appeals going forward
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Effective 2019, significant legal changes were enacted regarding charter schools in California. The anticipated effects and implementation of those changes, however, were stunted by the COVID-19 outbreak. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Charter Practice Group Co-Leaders, Ed Sklar and Erin Hamor, to discuss the current state of affairs for charter schools and their authorizers, hot topics and trends in the charter school field, and what to anticipate going forward as California’s LEAs return to normal operation.
Show Notes & References
1:14 – A look back at 2019 1:26 – Assembly Bill (AB) 1505 (Client News Brief 49 - October 2019) 3:52 – Current state (Client News Brief 18 - August 2021) 4:34 – Status of proposed regulations post AB 1505 6:29 – Restart of charter renewal process 9:12 – Renewal petitions and issue fixing 10:29 – AB 1505 and the State Board of Education (SBE) 10:45 – Appeals to charter petition denials 11:57 – "Abuse of discretion" standard of review 12:18 – Takeaways from appeals 17:59 – Pending legislation
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education. Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school. This episode will also address recent case law in the past year which provides meaningful directives on this issue.
Show Notes & References
1:43 – Trends in placement requests 3:28 – Obtaining private placement 4:42 – 10-day unilateral placement notice 5:49 – Changes to plans and individual services plans (ISPs) 6:36 – Capistrano v. S.W. 80 IDELR 31 (9th Cir. 2021) 11:02 – Homeschooling 12:48 – Independent study and students with disabilities 13:12 – E. E. v. California (N.D. Cal. Nov. 4, 2021) (N.D. Cal. Feb. 28, 2022) Slip Copy. 2022 WL 597035 14:38 – Independent study vs. home hospital 16:09 – Potential issues 18:30 – Best practices and takeaways
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Managing school board meetings in the face of disruption created by parents, employees, and members of the public can be challenging. This podcast will explore best practices to regulate this disruption and create rules and de-escalation techniques to ensure an orderly meeting. To explore this timely topic, co-host Joshua Whiteside introduces a discussion on point between local governance experts and Lozano Smith partners, Roman Muñoz from the Sacramento office and Chelsea Olson Murphy from the San Luis Obispo office.
Show Notes & References
3:51 – Current landscape 6:42 – Problematic behaviors 8:52 – Proactive steps for districts 19:26 – Best practices for school board meetings 19:46 – Lozano Smith Resource: "Best Practices for Maintaining Decorum and Order at School Board Meetings" 24:00 – De-escalation techniques 25:46 – Progression of response 29:19 – End response options - clearing the room and adjourning 33:32 – Clearing the room (Government Code section 54957.9) 37:57 – Major takeaways
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Hosts Sloan Simmons joins veteran municipal practitioner James Sanchez and Governance Practice Group Co-Chair Ryan Tung to discuss the election process and the California Voting Rights Act (CVRA), including the legal requirements and practical impacts of the CVRA, as well as best practices for California public entities following the transition from at-large to trustee area elections.
Show Notes & References
1:57 – California Voting Rights Act (CVRA), Elections Code sections 14025-14032 2:10 – At-large method of election 3:34 – By-district or by-trustee area elections 4:39 – Demand letters and litigation 5:47 – Notice received and timelines 7:47 – Low probability of successful defense of at-large election challenges 10:15 – Pico Neighborhood Association et al. v. City of Santa Monica 11:08 – Court of appeal decision and California Supreme Court review 11:48 – Transition process from at-large elections 14:32 – Unique issues for public agencies 17:40 – Redistricting requirement 19:54 – Post-transition time
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Hosts Joshua Whiteside and Sloan Simmons are back to discuss the latest litigation development related to a school district’s student COVID-19 vaccination mandate and the rapidly changing guidance and directives related to student and staff mask requirements, including CDPH’s recent announcement that face masks are no longer legally required indoors at K-12 schools after March 11, 2022.
Show Notes & References
0:26 – Episode 51 Student Vaccines and Student Masks - Latest Developments 1:14 – San Diego Unified School District federal court vaccine litigation; John Doe, et al., Applicants v. San Diego Unified School District, et al. 4:28 – Student mask mandate update 5:01 – February 25, 2022 Centers for Disease Control and Prevention (CDC) new guidance 7:48 – California Department of Public Health (CDPH) February 28, 2022 announcement 8:30 – February 28, 2022 Governor Executive Order N-5-22 8:59 – Emergency temporary standards (Cal. Code of Regulations Title 8, Section 3205) 9:56 – CDPH K-12 School Guidance (unchanged) 11:05 – Public transit and school buses 12:44 – CDPH Schools FAQ
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons joins partners and Lozano Smith Labor and Employment Co-Practice Group Leaders Michelle Cannon and Gabriela Flowers to discuss several important school district labor and employment deadlines that fall on March 15. This brief but information packed episode includes discussion on various types of release from employment as well as layoffs. Additionally, this year, for the first time ever, classified layoffs are subject to the same deadline.
Show Notes & References
1:13 – Non-reelection of second year probationary certificated employees 2:10 – March 15th deadlines 3:28 – First year probationary employees 3:34 – Education Code section 44929.21 4:21 – Release and reassignment notices for administrators (Ed. Code section 44951) 7:20 – Certificated layoff process 8:49 – Ed. code sections 44955 and 44949 9:00 – Bumping rights 10:00 – Chronology of layoffs 14:35 – Classified layoff process 16:53 – Bumping language and collective bargaining agreements (CBAs) 17:53 – Definition of permanency for classified employee layoffs 18:40 – AB 438 impacts 21:48 – CBAs and classified layoffs
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Joshua Whiteside joins Lozano Smith partner Sloan Simmons to discuss the present status of student COVID-19 vaccination and student masks requirements, including the status of State directives on point and the results of litigation in these areas.
Show Notes & References
0:48 – California Department of Public Health (CDPH) February 15, 2022 announcement and upcoming CDPH February 28, 2022 announcement 3:26 – Student vaccine mandate status 5:35 – SB 871 and personal exemptions 7:45 – Locally adopted vaccine mandates examples 8:36 – Los Angeles USD local mandate and legislation 9:20 – Education Code section 35160 11:37 – San Diego USD local mandate 15:05 – State court San Diego case and Let Them Choose litigation 19:00 – San Diego USD appeal and stay from Court of Appeal 22:01 – Mask mandate status 22:33 – State Public Health officer order (June 11, 2021) 23:28 – CDPH Guidance 24:02 – Health and Safety Code section 120175 and legal authority 24:37 – Superior Court case in San Diego and Let Them Breathe litigation
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons joins Lozano Smith partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction.
Show Notes & References
1:24 – Modular buildings 2:05 – Modular component buildings vs. modular portables 4:55 – Issue of permanent vs. temporary 6:10 – Modular component building examples 7:15 – Popularity and cost-efficiency 8:16 – Building plans (standard or unique designs) 9:10 – Competitive bidding and modular buildings 10:33 – Delivery methods (competitive bidding, lease-leaseback, design-build) 13:30 – Architect involvement 14:31 – Lease-leaseback method 15:16 – Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261 18:16 – Lease-leaseback scoring and rating system 19:29 – Design-build vs. lease-leaseback 21:03 – Piggybacking 22:10 – Division of the State Architect (DSA) 22:13 – Office of Public School Construction (OPSC) 22:54 – Public Construction Code section 20118 24:52 – Vendor involvement in piggybacking 26:30 – Modulars and personal property 26:43 – Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006) 28:50 – Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004 30:55 – OPSC e-mail to school districts and county offices of education (July 2021) 31:55 – Coalition for Adequate School Housing (CASH) 33:48 – Permanent vs. temporary foundations for modular portables 40:25 – Critical takeaways
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Joshua Whiteside joins Lozano Smith attorney Ruth Mendyk to discuss updates and new obligations facing educational agencies now and during the second half of the 2021-22 school year. This discussion includes a review of important legislation from the Fall 2021 legislative session.
Show Notes & References
2:30 – Education Code 48205 - Excused absences 2:50 – Senate Bill (SB) 14 (urgency) - Excused absences for mental or behavioral health 6:46 – Assembly Bill (AB) 516 - Excused absences for cultural ceremonies and events 9:13 – SB 254 – September 11th remembrance exercises and observations 11:24 – AB 27 (urgency) – Website posting requirement for liaison and related homeless information 12:11 – SB 400 – Housing questionnaire and rights/resources for homeless students 14:26 – AB 132 – Ensure student completion of FAFSA form (Free Application for Federal Student Aid), alternate form, or opt-out 17:25 – AB 104 – Grade change requests, student retention, and exemptions from graduation requirements 20:54 – AB 101 – Ethnic studies
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Following COVID-19 school closures during the 2019-2020 school year, many school districts are faced with making determinations regarding potential compensatory education for their special education student populations. Host Sloan Simmons discusses the concept of compensatory education and school closures with Lozano Smith special education experts Marcy Gutierrez and Collen Villarreal, including important factors for districts to consider on this subject and the latest OAH rulings on point.
Show Notes & References
2:29 – FAPE obligation and distance learning 3:11 – Bd. of Ed. v. Rowley (1982) 458 U.S. 176; Endrew F. ex rel. Joseph F. v. Douglas County Sch. Dist. RE-1 (2017) 580 U.S. ___, 137 S.Ct. 988 3:51 – Cal. Exec. Order N-26-20 (March 13, 2020) 8:35 – Compensatory education overview 10:17 – Equitable factors 15:50 – Anaheim Elementary School District v. Student (2020), OAH Case No. 2020090678 19:20 – Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak (March 12, 2020)
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
For the first time since 2007, the United States Supreme Court has weighed-in on student free speech rights under the First Amendment. In Mahanoy Area School District v. B.L., the high court addressed for the first time the parameters and limits for schools’ regulation of student off-campus speech. In this episode, Lozano Smith student speech experts Mike Smith and Sloan Simmons break down the Supreme Court’s decision and its implications for California school districts.
Show Notes & References
1:58 - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503 4:00 – Bethel School District v. Fraser (1986) 478 U.S. 675 5:58 – Hazelwood School District et al. v. Kuhlmeier et al. (1988) 484 U.S. 260 8:05 – Statutory framework in Education Code (Ed. Code §§ 48907, 48950)
9:34 – Morse v. Frederick (2007) 551 U.S. 393 11:58 – Mahanoy Area School District v. B.L. (June 23, 2021) 594 U.S. ___ 19:56 – School district limitations on regulating off-campus speech 24:35 – Types of behavior subject to regulation under B.L. 33:02 – Impact of B.L. in California 39:27 – Vernonia School District 47J v. Acton (1995) 515 U.S. 646 40:43 – T.V. v. Smith-Green Community School Corporation (N.D. Ind. 2011) 807 F.Supp.2d 767
43:31 – J.C. ex rel. R.C. v. Beverly Hills Unified School District (C.D. Cal. 2010) 711 F.Supp.2d 1094 (Client News Brief 53 - December 2009)
46:25 – Wynar v. Douglas County School Dist. (9th Cir. 2013) 728 F.3d 1062 (Client News Brief 59 - September 2013) 48:48 – C.R. v. Eugene School District 4J (9th Cir., Sept. 1, 2016) 835 F.3d 1142 (Client News Brief 65 - September 2016) 51:34 – Shen v. Albany Unified School District (9th Cir. 2016) 835 F.3d 1142 (Client News Brief 87 - December 2017)
55:36 – McNeil v. Sherwood School District 88J (9th Cir. 2019) 918 F.3d 700 (Client News Brief 30 - June 2019)
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
With the easing of COVID-19 restrictions and California’s “reopening,” host Sloan Simmons has a timely discussion with Lozano Smith Governance Co-Practice Group Leader, Anne Collins and Lozano Smith Technology and Innovation Practice Group Leader Travis Cochran regarding the state of the law and future of public meetings under the Brown Act in light of pending legislation that would continue flexibility for remote participation by local officials and the public.
Show Notes & References
3:19 – The Brown Act & board member telephonic/virtual participation (Government Code section 54953(b)) 6:06 – California Executive Order 3-17-20 (March 2020) 10:16 – California Executive Order N-08-21 (June 2021) 11:32 – Masks at public meetings 15:25 – Meeting posting requirements 16:16 – Pending Assembly Bill (AB) 361 18:24 – Pending AB 339 25:11 – Public comment and participation during virtual board meetings 35:05 – Virtual technology issues 38:55 – Hybrid board meetings and flexible participation 45:46 – Update: California Department of Public Health Face Coverings Q&A Guidance (June 15, 2021)
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons facilitates a timely and interesting discussion with Lozano Smith Charter School Practice Group Leaders, Ed Sklar and Erin Hamor, regarding the status of charter school reform legislation and the impacts of COVID-19 on the same.
Show Notes & References
2:10 – Review of charter reform legislation over the last two years 2:31 – Assembly Bill (AB) 1505 3:26 – State dashboard 7:20 – AB 1316 and pending Education Budget Trailer Bill 7:36 – People v. McManus; San Diego Super. Ct. Case No. SCD266439 9:17 – Anticipated 3-year renewed moratorium on non-classroom based (NCB) charter schools 9:38 – Anticipated 2-year hiatus for charter renewals 11:57 – COVID-19 pandemic & NCB charter school accountability 13:43 – SB 98 influence on NCB charter school funding (Client News Brief 60 - July 2020) 15:49 – State review of NCB charter schools' success during pandemic 18:04 – Pending Education Budget Trailer Bill and NCB charter school moratorium 19:30 – Charter school accountability components 25:10 – Pending Education Budget Trailer Bill and anticipated timelines on renewal moratorium 28:40 – Charter school location accountability 28:48 – AB 1507 33:40 – Lack of state regulation and implementation issues 34:44 – Charter school recruitment issues 36:24 – Consequences for ignoring recruitment obligations
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Lozano Smith attorneys Constantine Baranoff and Daniel Maruccia join host Sloan Simmons in an informative and detailed discussion of how Enhanced Infrastructure Financing Districts have evolved in California with attorneys who focus on public finance and who have formed EIFDs throughout the state. They also discuss available financing structures and explore projects (including freeway overlay and flood control) which EIFDs may be used to finance.
Show Notes & References
5:01 – 2012 Redevelopment Agencies (RDA) dissolved 6:58 – EIFD (Enhanced Infrastructure Financing District) 13:35 – Formation of Public Finance Authority (PFA) 15:13 – EIFD hearings and timelines 19:03 – EIFD financing structures and combining the EIFD with other financing tools such as Mello-Roos 28:25 – EIFDs vs. RDAs 29:10 – Creative application of the EIFD tools in California; overview of types of projects being contemplated using EIFDs including flood control and freeway overlays 36:31 – Upcoming important election dates for voter approved debt
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons joins Lozano Smith attorneys Ruth Mendyk and Joshua Whiteside to discuss updates to district policies and practices during the 2020-21 school year, pending legislation on student retention and grading issues for 2021-22 and proposed curriculum and kindergarten / preschool related issues for future years.
Show Notes & References
2:30 – Assembly Bill (AB) 1127 - Expanded transfer rights to victims of bullying (Client News Brief 74) 4:34 – Education Code 48900(r) - Student discipline for bullying 6:35 – Heightened transportation obligation within AB 1127 7:55 – Changes to conditions for student UCP (Uniform Complaint Procedures) complaints (Client News Brief 77) 10:35 – Face masks 11:20 – California Department of Public Health (CDPH) guidelines (Client News Brief 3) 12:30 – Vaccinations 16:47 – June 15th reopening 17:46 – Masks and buses (Executive Order 13998) 19:26 – AB 104 - Student retention 26:29 – AB 104 timelines 28:10 – Pass/no pass grades (Education Code 49066.5) 31:10 – Senate Bill (SB) 545 - Student retention 36:56 – AB 101 - Ethnic studies curriculum 38:24 – California State Board of Education (CSBE) adopted curriculum 38:54 – Critical race theory & teaching about race 42:54 – AB 22 - Expanded transitional kindergarten 43:26 – SB 50 - California state preschool program 44:05 – Virtual instruction & independent study
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks with Lozano Smith attorneys Ruth Mendyk and Chelsea Olson Murphy about the latest developments on COVID-19 and student athletics, with a focus on the most recent guidance from the California Interscholastic Federation (CIF), as well as other state public health directives and guidance heading into the 2020-2021 school year.
Updates
UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-19/12.1.20_release
Since recording this podcast, the California Department of Public Health updated its publication for Schools and School Based Programs to add COVID-19 guidance on Sports and Extra Curricular Activities. A copy of this August 3, 2020 CDPH COVID-19 Guidance: Schools and School Based Programs is accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf. Additionally, CIF has established a COVID-19 Resources page accessible here: https://www.cifstate.org/covid-19/index.
Show Notes & References
1:56 – California Interscholastic Federation (CIF) Guidance (July 20, 2020) 5:24 – 2020-21 Seasons of Sports and Calendar Dates 7:17 – Participation and Competition With Outside Teams 9:56 – Thirty day waiver for physical examinations for CIF participation in fall sports (Client News Brief 53: July 2020) 11:18 – Waivers and Notices 13:42 – K-8 and unified school district sports programs 15:26 – Coaches and employment issues 18:53 – Summer athletic activities
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks with Lozano Smith Special Education attorneys Alyssa Bivins and Marcy Gutierrez about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year.
Show Notes & References
1:40 – California Department of Public Health Guidance (July 17, 2020) 2:13 – Senate Bill (SB) 98 2:25 – Emergency Plans and IEPs 10:00 – Impact of extended school closures 11:34 – Instructional Minutes 13:29 – Masks 15:18 – In-Person vs. Distance Learning 17:45 – Compensatory Education
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks with Lozano Smith attorneys Desiree Serrano and Aimee Perry about the latest developments on COVID-19 and students, with a focus on Senate Bill 98 and the most recent state agency directives and guidance heading into the 2020-2021 school year.
Show Notes & References
2:18 – Requirements for in-person instruction 2:40 – Senate Bill (SB) 98 5:12 – Daily live interaction 7:16 – Distance learning 8:54 – California Department of Education’s Distance Learning FAQs 11:13 – July 17, 2020 CDPH COVID-19 Industry Guidance: Schools and School Based Programs, CDPH COVID-19 and Reopening In-Person Learning Framework for K-12 Schools in California, 2020-2021 School Year 14:18 – Guidance on back-and-forth openings/closings 15:33 – Individual school closures 16:59 – School district closures 17:21 – Recommendations to avoid closures 18:59 – Exemptions for face coverings in school settings 20:24 – Daily instructional minute requirements 21:54 – School attendance
Lozano Smith's COVID-19 Resources can be found here.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention. This timely discussion highlights recent legislative changes in the area of suicide prevention, and includes ideas on resources and best practices to consider when addressing the topic of suicide prevention in California school districts. Bonus material recorded during school campus closures provides additional resources for helping students during the present crisis.
Show Notes & References
3:35 – Student v. Golden Plains USD (OAH 2019) OAH Case No. 2019040042 10:10 – School avoidance podcast episodes (Part 1 & Part 2) 14:22 – Completing a risk assessment 17:31 – Student Records 18:40 – Importance of risk assessments 21:04 – Impacts of 13 Reasons Why and Social Media 22:34 – Frequency of training 24:03 – AB 1767 24:36 – AB 34 24:52 – CDE & CSBA suicide prevention toolkits 26:07 – Support to a district and community if a suicide occurs 30:03 – Addressing suicide prevention and mental health issues during distance-learning times
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP). Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.
Show Notes & References
1:20 – What is the UCP? 6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3 7:03 – Types of complaints subject to the UCP 8:59 – Types of complaints that are not subject to the UCP 9:55 – Do UCP complaints need to be in writing? 12:04 – Requirements of the UCP 21:28 – Findings and Decision Letter 35:23 – CDE appeals process 43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy) 44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy) 48:45 – Education Code 234.1
In this episode, Jenell Van Bindsbergen and William P. Curley III, co-chairs of the firm’s Municipal Practice Group, talk about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019. The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.
Show Notes & References
1:34 Episode 14: Police in Schools - The Role of a School Resource Officer 1:49 No Easy Answers - Cities, School Districts, and the Statewide Affordable Housing Crisis 4:35 Assembly Bill (AB) 101 23:19 Senate Bill (SB) 330 - Housing Crisis Act of 2019 24:15 Ministerial Approval 32:55 Interim Zoning (Government Code section 65858) 35:37 Accessory Dwelling Units (ADUs) 43:29 AB 881 and AB 68 44:38 AB 101 and SB 330: The Juggernauts of the 2019 Housing Laws (Client News Brief 76: December 2019)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
While on location at the California School Boards Association’s (CSBA) 2019 Annual Education Conference, host Sloan Simmons talks with CSBA General Counsel, Kathryn Meola, and one of Lozano Smith’s founding partners, Mike Smith, about critical legal issues impacting educational and other public agencies heading in 2020 and beyond.
Show Notes & References
2:45 W. v. Tehachapi Unified School Dist., Ninth Circuit Case No. 19-15680, appeal from 2019 WL 1092574 (E.D. Cal. Mar. 8, 2019) 2:53 Education Legal Alliance (ELA) 3:58 R. ex rel. E.N. v. LAUSD (9th Cir. 2015) 805 F.3d 1164 7:13 California Voting Rights Act (CVRA), Elections Code sections 14025-14032 (2001) 11:25 Serrano v. Priest (177) 20 Cal.3d 25 15:14 Gordon v. LAUSD, Ninth Circuit Case No. 19-55806, appeal from 2019 WL 2511936 (C.D. Cal. June 17, 2019) 18:42 Ross v. County of Riverside (2019) 36 Cal. App. 5th 25 23:03 Assembly Bill (AB) 1353 (limit on probationary service for classified employees) 26:56 L. v. Clovis Unified School Dist., Ninth Circuit Case No. 18-16669, on appeal from 2018 WL 3738963 (E.D. Cal. Aug. 3, 2018) 29:10 Payne v. Peninsula School Dist. (9th Cir. 2011) 653 F.3d 863 29:26 Fry v. Napoleon Community Schools (2017) 580 U.S. ___, 137 S.Ct. 743 31:18 Paul G. by and through Steve G. v. Monterey Peninsula Unified School Dist. (9th Cir. 2019) 33:43 CSBA Online Learning Center 35:30 AB 218 (childhood sexual abuse and assault, limitations periods) 41:20 Vergara v. State of California, 246 Cal.App.4th 619 41:50 Atwater Elementary School Dist. v. California Dept. of General Services (2007) 41 Cal.4th 227
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks with Lozano Smith partners Michelle Cannon and Gabriela Flowers, co-chairs of the firm's Labor and Employment Practice Group, about important new labor and employment laws passed in 2019 and how they will impact public agency employers in the new year. Topics covered include employment classifications, probationary periods for classified public school employees, new lactation accommodation requirements, settlement agreements with employees, and expansion of anti-discrimination laws, among others. This a must listen as we head into the new year, as most of these new laws become effective January 1, 2020, and may require changes to agency policies.
Show Notes & References
2:18 Assembly Bill (AB) 1353 (Limit on probationary service for classified employees) 4:31 AB 9 (Employment discrimination claim timelines) 4:59 California Fair Employment and Housing Act (FEHA) 5:57 Equal Employment Opportunity Commission (EEOC) 6:17 Department of Fair Employment and Housing (DFEH) 8:01 Senate Bill (SB) 328 (School start times) (Client News Brief 66: November 2019) 10:24 SB 188 (Hairstyles) 13:07 SB 778 (New sexual harassment training requirements) 13:22 SB 1343 (2018) 15:52 SB 142 (Lactation accommodations) 17:03 AB 749 (Settlement agreement no-rehire language) 22:52 AB 1223 (Organ donation) 25:33 SB 83 (Family leave policies) 27:18 California State Disability Insurance (CA-SDI) 28:26 AB 5 (Dynamex decision re employee classifications) 30:24 Borello test
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, talk about the basics that every newly elected member of a local agency governing body should know when assuming office. This podcast isn’t just for newly electeds – it’s full of information for public officials, local agency staff, and members of the voting public too.
Show Notes & References
8:00 The Brown Act 15:20 The Public Records Act 16:25 City of San Jose v. Superior Court (2017) 2 Cal.5th 608 18:42 The Political Reform Act (Government Code section 87100 et seq.)
19:19 Statement of Economic Interests (Form 700) 19:24 Podcast: Episode 16: It's Time to Fill Out Your Form 700! 20:48 Government Code section 1090 24:09 Video: Staying Under the Umbrella: Board Members’ Obligations and Immunities 30:05 Ethics training (AB 1234) 30:08 Sexual Harassment training 30:32 Lozano Smith Client Services (ClientServices@lozanosmith.com)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year’s legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020.
Show Notes & References
2:07 Assembly Bill (AB) 605 (Assistive technology devices) (Client News Brief 51: October 2019) 5:35 Senate Bill (SB) 75 (Education finance) 8:53 AB 1172 (Non-public schools and non-public agencies) 11:18 AB 947 (Visually impaired students) 11:46 Expanded Core Curriculum (ECC) 13:44 Orientation & Mobility (O&M) evaluations 14:23 SB 695 - Not signed by Governor (Obligation to translate IEP documents for parents) 18:31 SB 223 (Medicinal cannabis - Jojo's Act) (Client News Brief 57: October 2019) 18:38 Episode 31: Legislative Roundup - Student Bills (listen here) 22:22 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 (Client News Brief 55: October 2018) 24:29 AB 2657 (Seclusion and Restraints) (Client News Brief 90: December 2018)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Lozano Smith attorneys Daniel Maruccia and Harold Freiman discuss what AB 48 could mean for school facilities funding if approved by the voters in March 2020.
Show Notes & References
2:52 3-legged stool 4:49 Prop 47 (2002) 5:09 Prop 55 (2004) 5:30 Prop 1D (2006) 6:24 Prop 51 (2016) 10:42 AB 48 (2019) (Client News Brief 62 - October 2019) 13:25 School Facilities Programs (SFP) 17:00 Office of Public School Construction (OPSC) / State Allocation Board (SAB) 23:35 Prop 39 bonds 24:01 Tax rate limit 30:29 Sterling fees (1986) 30:56 SB 50 (1997) – School impact fee law
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Sloan Simmons talks with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Aimee Perry regarding this year’s legislative enactments impacting students and tips for school districts in preparing for compliance with these new laws.
Show Notes & References
2:29 Senate Bill (SB) 543 (Sexual harassment complaint procedure poster) (Client News Brief 71: November 2019) 6:00 Assembly Bill (AB) 34 (Bullying & harassment policies posted online) (Client News Brief 70: November 2019) 9:22 AB 1767 (Suicide prevention) (Client News Brief 70: November 2019) 12:14 SB 316 (Student ID cards) (Client News Brief 71: November 2019) 16:05 SB 419 ("k-violation" - Ed. Code section 48900(k)) (Client News Brief 52: October 2019) 19:33 Teachers authority - Ed. Code section 48910 20:22 Other means of correction - Ed. Code section 48900.5 22:45 AB 982 (Homework for suspended students - Ed. Code section 48903) (Client News Brief 64: October 2019) 28:05 SB 328 (School start times) (Client News Brief 66: November 2019) 36:13 SB 711 (Gender change on student documents) (Client News Brief 48: October 2019) 38:39 SB 223 (Medicinal cannabis - Jojo's Act) (Client News Brief 57: October 2019) 42:26 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 (Client News Brief 55: October 2018) 45:05 HIPAA/FERPA records 46:42 AB 272 (Smart phones) (Client News Brief 46: October 2019) 49:05 SB 276 & SB 714 (Immunizations) (Client News Brief 54: October 2019)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Following months of discussion regarding the impact that charter schools have had on traditional public schools, the Legislature has passed, and Governor Newsom has signed, two bills that will have wide-ranging impacts on California charter schools and their authorizers. Joining host Devon Lincoln to discuss these new laws, and what charter school authorizers need to know about these changes, are attorneys Megan Macy and Ed Sklar.
Show Notes & References
2:50 Assembly Bill (AB) 1505 16:42 Assembly Bill (AB) 1507 19:48 Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 26:40 Lozano Smith Charter School Toolkit (to request a Toolkit, email ClientServices@lozanosmith.com) 27:16 Lozano Smith Charter Symposium
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part 2 of our discussion on school avoidance, Sloan Simmons continues the discussion with Jennifer Baldassari and Susan Bishop about case examples, myths, and best practices.
Show Notes & References
3:15 Confirmation Bias 7:10 General Education Interventions (Ed. Code 56303) 8:45 ERMHS Assessments 10:30 Orinda Union School District v. Student (2017) OAH Case No. 2017060787 14:40 Lucia Mar Unified School District v. Student (2017) OAH Case No. 2017020299 16:20 Residential Treatment Centers 23:20 Parent v. Berkeley Unified School District (2018) OAH Case No. 2018030517 34:37 Santa Monica-Malibu Unified School District (2018) OAH Case No. 2017110028 47:19 Takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part 1 of our discussion on school avoidance, Sloan Simmons talks with Jennifer Baldassari and Susan Bishop about the challenges districts face in school avoidance issues from both a legal and practical perspective, highlighting the top myths associated with school avoidance along the way.
Show Notes & References
6:46 Lucia Mar Unified School District v. Student (2017) OAH Case No. 2017020299 11:31 Family systems vs. family issues 14:29 Child Find 15:25 IDEA (Individuals with Disabilities Education and Improvement Act) 18:54 Common Sense Media’s Digital Citizenship Curriculum 20:29 Navigating SEL From the Inside Out - Harvard Graduate School of Education (March 2017) 25:28 Parent v. Berkeley Unified School District (Sept. 13, 2018) OAH Case No. 2018030517 28:19 SARB (School Attendance Review Board) 30:00 Truancy vs. being a truant vs. chronic absenteeism (Ed. Code 48260.5 and 60901; 5 CCR 420 and 421.) 32:29 Anxiety and Depression Association of America resources
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit.
Show Notes & References
1:42 LRE (Least Restrictive Environment) - 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.114; 34 C.F.R. § 300.115 2:50 IDEA (Individual with Disabilities Education Act) - 20 U.S.C. § 1400 et seq. 7:34 Sacramento City Unified Sch. Dist. v. Rachel H. (9th Cir. 1994) 14 F.3d 1398 11:05 Poolaw v. Bishop (9th Cir. 1995) 567 F.3d 830 20:12 K.M. v. Tehachapi Unified Sch. Dist. (E.D. Cal. Apr. 5, 2017) Case No. 1:15-cv-001835 LJO JLT, 2017 WL 1348807 23:02 Solorio v. Clovis Unified Sch. Dist. (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, 748 Fed.Appx. 146 32:47 R.M. by and through S.M. v. Gilbert Unified Sch. Dist. (9th Cir. Apr. 24, 2019) Case No. 17-16722, 768 Fed.Appx. 720 34:45 Baquerizo v. Garden Grove Unified Sch. Dist. (9th Cir. 2016) 826 F.3d 1179
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
As California seeks legislative solutions for the statewide housing crisis, new laws increasingly seek to ease the path toward construction of affordable housing. Implementation of these laws has widespread financial and planning impacts on cities, counties and school districts. Host Devon Lincoln talks with Harold Freiman and Bill Curley about the affordable housing crisis and the repercussions of the new laws at the local level. This conversation explores how cities and counties are effected by the increasingly centralized state laws, and how the resulting increase in the pace of development impacts school districts.
Show Notes & References
10:04 SB 1 - Road Repair and Accountability Act (2017) 12:25 AB 72 (2017) - Attorneys General can sue city or county for housing noncompliance 12:59 Housing and Community Development (HCD) 15:20 Sterling fees (1986) 17:01 SB 50 (1997) - School impact fee law 17:06 School impact fee tiers (Level 1, 2, 3) 17:39 Prop 39 bonds/55% bonds 19:44 Transit Corridors and Student Generation Rate (SGR) 23:04 City of Huntington Beach lawsuits 29:51 SummerHill Winchester LLC v. Campbell Union School District 31:39 2019 Proposed legislation from Senator Scott Weiner (SB 50) 35:01 Impact on schools 36:52 School district workforce housing 37:38 What can the state do for schools? 39:07 What can the state do for cities? Client News Brief: New Law Eases Path to School Employee Housing (February 2018) Client News Brief: State Adopts Comprehensive Housing Legislation (December 2017)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Title IX impacts more than just college athletics. Host Sloan Simmons talks with Michelle Cannon and Stephanie White of Lozano Smith’s Title IX Impact Team about the current status of the law, including the proposed regulations which contain sweeping revisions to existing practices. This conversation explores the depth and breadth of Title IX and provides important insights for all public school administrators in K-12 through college.
Show Notes & References
2:02 Title IX of the Education Amendments of 1972; 34 C.F.R. Part 106 2:47 Office for Civil Rights (OCR) 4:43 Dear Colleague Letters 2001, 2011 (rescinded), 2014 (rescinded) and 2017 5:05 Dear Colleague Letter (September 22, 2017) 5:06 Q & A on Campus Sexual Misconduct (September 2017) 6:02 Interim Measures 13:29 Responsible Employee 19:42 Senate Bill 1375 (2016); Education Code § 221.61 20:46 CSBA Model Policy - Uniform Complaint Procedures (BP/AR 1312.3) 22:06 CSBA Model Policy - Sexual Harassment (BP/AR 5145.7) 29:43 Exception to FERPA 31:09 Preponderance of the Evidence Standard 45:56 Lozano Smith Title IX Toolkit
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part 2 of our discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the options for financing such projects and the overarching themes impacting this area of the law.
Show Notes & References
1:30 Government Code § 4217.10, et seq. 2:29 Power Purchasing Agreement (PPA) 7:47 Constitutional Debt Limitation 9:42 City of Los Angeles v. Offner (1942); Dean v. Kuchel (1950) 11:40 California Debt & Investment Advisory Commission (CDIAC) 16:08 Report of Proposed Debt Issuance (Government Code § 8855(I)(1)) 19:39 SEC Rule 15c2-12 21:33 Proposition 39 31:36 Assembly Bill 182 (Ch. 447, Stats. 2013, effective 1/1/14) 31:39 MCDC (Municipalities Continuing Disclosure Cooperation) Initiative (2014-2016) 31:43 "Pay-to-Play" (Treasurer's Office 2016) 31:47 Assembly Bill 195 (Ch. 105, Stats. 2017, effective 1/1/18)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Devon Lincoln talks with veteran experts Karen Rezendes and Mattie Scott about the California budget process, Governor Newsom’s first State budget (just passed on June 13), and the high stakes local school districts face when planning around the annual budget process.
Show Notes & References
5:40 Prop 13 (1978) 10:57 Prop 4, the “Gann Limit” Initiative (1979) 11:29 Education for All Handicapped Children Act (EHA) (PL 94-142) 11:35 Education Employment Relations Act (EERA) (1976) 12:12 Tax Reform Act of 1986 12:36 Prop 98 (1988) 17:18 Prop 111 (1990) 18:51 CTA et al. v. Gould (1996) 19:51 Prop 140 (1990) 23:47 Prop 25 (2010) 34:36 Prop 2 (2014)
For more information on the issues discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.
Host Devon Lincoln talks with Ed Sklar and Erin Hamor about new charter school legislation causing a stir in Sacramento. If enacted, the pending bills will drastically alter California’s current charter school landscape.
Show Notes & References
2:03 EDCAL Article 6:32 AB 1505 10:48 AB 1506 15:26 SB 756 19:20 AB 1507 19:42 Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 25:52 AB 1508 (gutted and amended as of March 2019)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part I of a discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the wide range of such projects and the challenges public agencies face in determining how to finance them.
Show Notes & References
8:04 Solar Power Purchasing Agreement (PPA) 18:20 The Federal Investment Tax Credit (ITC) 29:10 Net Energy Metering 35:08 Prop 39 Initiative (2000)
Amended Section 1 of Article XIII A of the California Constitution Amended Section 18 of Article XVI of the California Constitution
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
The issue of students using marijuana in California’s public schools is ever-evolving, leaving many confused as to the state of the law. Sloan Simmons engages experts in this area of school law, Aimee Perry and Alyssa Bivins, on the most recent developments, including issues for school districts to consider when it comes to student discipline, special education, medication administration, as well as possible changes to state and federal law regarding cannabis which, if passed, would affect school districts. This thoughtful discussion fully explores the latest on these topics, including trending practices and options for school officials.
Show Notes & References
6:08 Controlled Substances Act (1970) 8:19 Safe & Drug Free Schools and Communities Act (1994) 9:43 Memos from Obama Administration: Ogden Memo (2009) Cole Memo (2013) 11:06 Current Congressional “Rider”: Congressional Appropriations Act (2019) 12:25 Compassionate Use Act (1996) 13:42 Ninth Circuit Case: United States v. McIntosh (2016) 16:05 Proposition 64 (November 2016) 16:22 Memo from Trump Administration: Sessions Memo (2018) 19:05 Education Code section 48900 (Suspension and Expulsion) 19:19 Education Code section 48915 (Expulsion) 24:08 Education Code section 49423 (Medication Administration) 25:33 FDA Approval of Epidiolex: June 26, 2018 26:10 DEA Classification of Epidiolex on Schedule V: September 27, 2018; see also Federal Register. 30:32 Student v. Sylvan Union School District (2014) OAH Case No. 2014010077 33:08 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651(Client News Brief: October 2018) 43:36 FDA FAQs Regarding Marijuana 44:37 FDA Public Hearing on May 31, 2019 51:32 SB 1127 (2018): Governor’s Veto 51:39 SB 223 (2019): Text of Pending Bill
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Attorney Michael Smith, joined by associate Josh Whiteside, talks with host Devon Lincoln about the role that religion plays in the lives of public school students and their teachers and other staff, and how schools can create a climate of inclusivity and support for students of every background and faith tradition.
Show Notes & References
6:13 Kennedy v. Bremerton School Dist. 869 F.3d 813 (2017); School District Need Not Accommodate Coach's Request to Publicly Pray at Football Games (Client News Brief: October 2017) 8:35 Equal Access Act (20 U.S.C. § 4071 et seq.) 10:23 See Ed. Code, §§ 52, 53. 12:05 The Satanic Temple Seeks Access to Public Elementary Schools Nationwide (Client News Brief: September 2016) 18:04 Abington v. Schempp (1963) 374 U.S. 203 30:06 Fair Education Act (Ed. Code, § 51204.5.) 36:05 Assembly Bill (AB) 1248; New Law Entitles Students To Wear Tribal Regalia Or Recognized Objects Of Religious, Ceremonial Or Cultural Significance As An Adornment At School Graduation Ceremonies (Client News Brief: January 2019)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In a wide ranging discussion on a sensitive and challenging topic, Devon Lincoln discusses the law regarding the use of restraints in school with special education attorneys Sarah Garcia and Roxana Khan. The attorneys discuss real world experiences, the law that applies in this area, and how staff and administrators can best approach these difficult issues.
Show Notes & References
New Law Limits the Use of Seclusion and Restraints in Schools, Requires Annual Data Report (Client News Brief: December 2018)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Devon Lincoln talks with charter school law experts Ed Sklar and Claudia Weaver about the statewide conversation currently surrounding charter schools and the impact they have on traditional public schools. From recent teacher strikes, to the election of a new Superintendent of Public Instruction, to a raft of new legislative proposals, the role of charter schools is front and center in California politics right now. Ed and Claudia discuss the shift in the debate regarding charter schools, the origins of this debate, the issues it raises, and what the future might hold for educational options in the state.
Show Notes & References
Education Code section 47600 et seq. (“Charter Schools Act of 1992”) Sunshine Laws To Begin Shining On Charter Schools: Charter Schools Subject To Public Transparency Laws (Client News Brief: January 2019) Governor Signs Transparency Bill (Client News Brief: March 2019) 101 Ops.Cal.Atty.Gen. 92 (Dec. 26, 2018) Ricardo Cano, ‘Common sense regulations’ or ‘an extended middle finger’—how far will California go on charter schools? (March 6, 2019)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
It’s that time of year, when California public servants must prepare and submit their annual statements of economic interest. The statement, commonly referred to as Form 700, is due on April 2 this year. Devon Lincoln talks to ethics expert Tom Gauthier about common pitfalls in filling out the form, what you need to know to get it right, and why it matters.
Show Notes & References
7:14 CSBA Sample Policy Conflict of Interest - Board Bylaw 9270 8:35 Form 700 - 2018/2019 Statement of Economic Interests (Link to Form 700 Document) 17:15 Reference Pamphlet - 2018/2019 Form 700 Statement of Economic Interests (Link to Reference Pamphlet)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Labor and employment specialists Lou Lozano and Darren Kameya join Devon Lincoln for a discussion of the unique challenges arising at the public employee union bargaining table in 2019. The conversation covers the fallout from the 2018 Supreme Court decision in Janus v. AFSCME, the implications of the LAUSD strike and other labor actions, and how public agencies can attempt to navigate in these complicated times.
Lozano Smith is pleased to provide public agencies with an in-depth Janus Toolkit including important background information, answers to frequently asked questions, an implementation checklist, templates for communication, and more. Download the toolkit at: www.lozanosmith.com/janustoolkit.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
The role of law enforcement officers on school campuses is not well understood. Devon Lincoln is joined by attorney Tom Manniello, an expert in student discipline issues and discipline reform, and Jenell Van Bindsbergen, an attorney specializing in working with police officers and police departments. In a wide ranging discussion, the panelists lay out the complex issues that come up when an officer polices a school campus.
Show Notes & References
Client News Brief: Settlement Addresses Discriminatory Treatment of Minority Students and Students with Disabilities (Link to CNB) Client News Brief: New Law Requires Legal Consult Prior to Custodial Interrogation of Minor Under Age 16 (Link to CNB)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
This special episode of the podcast features a discussion with negotiator Sarah Kaatz and shares extended excerpts from her successful keynote address at the 2019 ACSA Negotiators' Symposium. Attorney Devon Lincoln talks with Sarah about the life insights she draws on to negotiate with public employee unions in a range of challenging scenarios.
For more information on the topics discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.
Following the release of the new California governor’s first proposed budget, Lozano Smith attorneys Devon Lincoln, Karen Rezendes and Mattie Scott sit down to discuss the long history of school finance in the state and how that history reverberates in our schools today – and why the issue should matter to every Californian.
Show Notes & References
California Constitution (1849) Serrano v. Priest (1971) 5 Cal.3d 584 (“Serrano I”) Serrano v. Priest (1977) 18 Cal.3d 728 (“Serrano II”) Proposition 13 (1978)
For more information on the school finance issues discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.
In this Lozano Smith podcast, moderator Sloan Simmons engages with Dr. Daryl Camp, Superintendent of the Riverbank Unified School District, and Lozano Smith Partner Megan Macy, regarding a burgeoning and healthy competition between two separate dual immersion programs operated in Riverbank, one through a dependent charter school and another through in a traditional district school. Their discussion explores how this existing dynamic in Riverbank serves one of the original purposes of the Charter Schools Act, the benefits of this unique situation, and some of the challenges which arose along the way.
Show Notes & References
Client News Brief: California Court Rules that Charter Schools Generally Cannot Locate Outside of Their Authorizing School District’s Boundaries www.lozanosmith.com/news/cnb/CNB792016.pdf Lozano Smith's Prop 39 Checklist www.lozanosmith.com/docs/resources/Prop_39_Checklist.pdf CDE's Overview of Biliteracy Instructional Programs www.cde.ca.gov/sp/el/ip/
For more information on the charter school issues discussed in this podcast, please visit our practice group website at www.lozanosmith.com/charterschools or our podcast website at www.lozanosmith.com/podcast.
Are you prepared for 2019? Join Lozano Smith attorneys Dulcinea Grantham and Niki Nabavi Nouri as they discuss three important employee leave and accommodations requirements that will impact school districts and public agencies in the coming year.
Show Notes & References
0:50 AB 1976 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2815) 7:29 SB 1085 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2814) 17:20 AB 2012 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2813)
For more information on the labor and employment issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.
With texting and social media, it seems as though the line between school and “not school” are blurred. School districts are often faced with determining whether they can discipline a student for their conduct while not at school. In this episode, we discuss a school district’s ability to discipline a student for off-campus conduct and go over court cases that analyze this issue.
Show Notes & References
3:10 Tinker Standard 6:38 Wynar v. Douglas County. Sch. Dist. (9th Cir. 2013) 728 F.3d 1062 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2182) 9:24 C.R. v. Eugene School District 4J (9th Cir. 2016) 835 F.3d 1142 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2564) 12:50 J.S. v. Bethlehem Area School District (PA 2002) 569 Pa 638 19:05 J.C. v. Beverly Hills Unified School District, (2010) 711 F.Supp.2d 1094 24:24 Shen v. Albany Unified School District (N.D. Cal. 2017) WL 5890089 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2720)
For more information on the off-campus discipline issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.
This podcast addresses the tension between protecting personal information and the obligation to disclose public records. Striking the wrong balance may burden either the local agency, or the individual employee, with significant costs. Hear how best to contend with the money pitfalls of the CPRA.
Show Notes & References
7:17 Pasadena Police Officers Assn. v. City of Pasadena (2018) 22 Cal.App.5th 147 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2771) 8:13 "PAGA" is commonly referred to as the private attorney general statutes, CCP, § 1021.5 8:57 National Conference of Black Mayors v. Chico Community Publishing (2018) 25 Cal.App.5th 570 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2771) 12:48 Prop 42 (2014) (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2263) 14:14 Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2682) 15:30 Statutory adoption for municipalities posting to websites - SB 272 (2015) which added Gov. Code, § 6270.5 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2451) 17:14 City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2616)
Lozano Smith has created a Public Records Act checklist for public agencies, which can be downloaded at our website.
For more information on the California Public Records Act issues discussed in this podcast, please visit our website at www.lozanosmith.com/podcast.
Preventing school violence and ensuring school safety have become dominant topics and part of an ongoing national conversation. But what can a school district do, practically, to address these issues? This podcast will examine two recently released resource documents from the Federal Bureau of Investigations and the United States Secret Service which provide guidance on preventing school violence as well as pending California legislation to improve school climate and safety.
Show Notes & References
2:10 FBI Report (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2774) 8:15 Secret Service Guide (NTAC) (http://www.lozanosmith.com/publicsafety.php) 19:03 Healthy Kids Survey results (https://www.cde.ca.gov/nr/ne/yr18/yr18rel54.asp) 21:58 AB 1747 - Annual active shooter drills 24:20 AB 3205 - Locks on classroom doors 24:49 SB 972 - Suicide hotline contact information on student ID cards
For more information on the school safety issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Lozano Smith attorneys discuss some of the important aspects of California’s future and complex history with groundwater. Topics include the Sustainable Groundwater Management Act (SGMA), Groundwater Sustainability Agencies (GSA), pre-1914 water rights, and CEQA issues and evaluations. Additionally, they dive into various considerations as local governments adopt general plans and make decisions affecting groundwater and land use.
Show Notes & References:
1:15 Sustainable Groundwater Management Act (SGMA) – https://water.ca.gov/Programs/Groundwater-Management/SGMA-Groundwater-Management 3:38 Groundwater Sustainability Agencies (GSA) – https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater-Management/Sustainable-Groundwater-Management/Files/2014-Sustainable-Groundwater-Management-Legislation-with-2015-amends-1-15-2016.pdf?la=en&hash=ADB3455047A2863D029146E9A820AC7DE16B5CB1 6:31 Pre-1914 water rights – https://www.waterboards.ca.gov/waterrights/board_info/faqs.html 7:47 CEQA issues and evaluations – http://opr.ca.gov/ceqa/ 10:35 General plans adopted for local governments – http://opr.ca.gov/planning/general-plan/ 14:30 Prop 218 – http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html
For more information on the social media issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Last year, the United States Supreme Court identified social media as “perhaps the most powerful mechanism available” today to make a person’s voice heard. But can a government official block their constituents’ voices online? At what point does a personal social media page become open to the public? Join us as we discuss the ramifications of a recent federal district court case out of New York about President Trump’s personal Twitter account and the potential legal precedent being shaped now.
Show Notes & References:
3:33 Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al. (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2755) 12:10 City of San Jose et al. v. Superior Court (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2616) 18:20 Brandenburg v. Ohio (1969) 395 U.S. 444
For more information on the social media issues discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Inclusivity is a mandate for all public entities – to create a positive, welcoming environment for all types of people and treat them fairly and equally. The government must also be neutral with respect to politics and religion. However, the rise of social justice movements in recent years have led public entities to carefully re-consider their policies, practices, and programs. Thus, public entities walk the narrow path of affirming the rights of all without expressing support for a particular political viewpoint or ignoring systemic and procedural biases. This podcast will discuss how local governments and school districts can act to work on providing an inclusive workplace and/or campus without limiting individual opinions and viewpoints.
Show Notes & References:
15:15 West Virginia State Bd. Of Educ. v. Barnette (1943) 319 U.S. 624 17:33 Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018) (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2757) 24:15 Starbucks bathroom use/Philadelphia arrests (https://www.youtube.com/watch?v=o__5xvIE3bU&feature=youtu.be)
For more information about the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast
Last year, Governor Jerry Brown signed Senate Bill (SB) 179, known as the "Gender Recognition Act," which adds a "nonbinary" gender option to state driver's licenses, identification cards, and birth certificates. Public entities will need to address the nonbinary gender option now available to employees and students on official documents. This podcast will discuss SB 179, its implications on all public entities, and practical actions needed to prepare for the law’s implementation.
Show Notes & References:
1:02 SB 179 (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2741) 9:22 SB 396 – Sexual harassment training (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2741) 10:46 AB 1266 – Participation (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2236) 14:15 AB 1732 – Single-stall bathrooms changed to gender-neutral bathrooms
For more information on SB 179 and the topics addressed in this podcast, please visit our website at: www.lozanosmith.com/podcast