When it comes to hiring certificated staff, the process is now more complex and challenging. In this episode, host Aly Bivins connects with Lozano Smith attorneys Dulcinea Grantham and Gail Zurek to unpack the key provisions and implications of Assembly Bill (AB) 2534, focusing on legal obligations for Local Education Agencies related to certificated employees and egregious misconduct. Packed with FAQs, explanations of key obligations, and steps for practical compliance, this episode is essential listening for HR teams, administrators, and anyone involved in the certificated hiring process.

Show Notes & References

• 1:24 – Assembly Bill (AB) 2534 and impact on certificated employees (Education Code section 44939.5) (Client News Brief 47 – November 2024)
• 3:02 – Who is affected by AB 2534 (employees and Local Education Agencies (LEAs))
• 4:59 – The definition of “egregious misconduct”
• 6:52 – New obligations under AB 2534
• 7:47 – Obligations for LEAs responding to requests
• 12:49 – Issues regarding non-responsive LEAs
• 13:30 – Timelines for responses from LEAs
• 15:32 – Substitute teachers
• 16:25 – Steps for a hiring LEA that receives a report of egregious misconduct
• 18:36 – Disclosing reports to applicants or former employees
• 20:17 – Caution regarding what information LEAs provide to CTC (California Commission on Teacher Credentialing)
• 24:44 – What to do about information inadvertently not reported to CTC
• 23:34 – Common questions LEAs are facing
• 27:45 – Quick tips for LEAs

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Extended School Year (ESY) services can raise nuanced questions for IEP teams and special education professionals. On this episode of the Lozano Smith Podcast, host Aly R. Bivins talks with Roxana E. Khan and Erin Frazor about how ESY differs from summer school, the legal requirements under the IDEA, and how to make sound, individualized decisions. They round out the conversation by highlighting common pitfalls and offering practical tips to ensure compliance, including the importance of clear documentation.

Show Notes & References

• 2:10 – ESY (Extended School Year services) vs. Summer School
• 2:52  – FAPE (Free Appropriate Public Education) and ESY
• 3:40 – Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988 (Client News Brief 12 – March 2017)
• 5:54 – Common ESY issues and questions
• 8:18 – How to determine eligibility for ESY
• 8:45 – Regression/Recoupment Analysis applied in California
• 10:14 – Three other standards determined by the courts
• 14:08 – What to provide during ESY
• 21:21 – When to make ESY determination
• 25:10 – Determining ESY eligibility for incoming students with less available information
• 28:01 – Litigation regarding ESY
• 34:17 – Does ESY only apply during the summer?
• 37:14 – Does the IDEA speak to Least Restrictive Environment (LRE) in relation to ESY?
• 38:45 – M.C. by & through S.B. v. Los Angeles Unified School District (C.D. Cal., Aug. 9, 2023) Case No. 2:20-CV-09127-CBM-E, 2023 WL 11066079
• 40:07 – Continuum of ESY placement options

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This Lozano Smith Podcast episode is the fourth and final 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.  Due to a long pattern of declining enrollment and resulting budget challenges, school districts around the state are increasingly faced with making the difficult decision of whether and how to close or consolidate schools.  In this episode, host Sloan Simmons engages with Lozano Smith CCS expert Ron Carruth, Ed.D. and Partner Harold Freiman regarding their unique expertise and best practice recommendations for this challenging process, which is often fraught with emotion for the schools and for the community.  Adding to the challenge are recent legal guidances on school consolidation and on equity considerations that should be considered.  Practical takeaways on this topic from this episode—whether on demographics studies, communication plans, or legal strategies—can benefit superintendents, school district cabinet leaders of all departments, and school board members.

Show Notes & References

• 4:10 –  Observations on school consolidation
• 7:00 – Decreases in ADA (Average Daily Attendance) and demographic patterns
• 8:19 – Lessons on reconfiguration/consolidation
• 11:12 – Key legal issues surrounding reconfiguration/consolidation
• 11:50 – Community input (Education Code section 17487)
• 12:22 – CDE guidance (Best Practices Guide for Potential School Closure)
• 14:09 – Assembly Bill (AB) 1912 and specific school closure requirements for financially distressed school districts
• 16:37 – Equity issues and Attorney General guidance letter (April 2023)
• 20:35 – Criteria to consider
• 24:24 – Awareness of common legal challenges
• 26:18 – Comparing the established 7/11 committee process to the new guidance on district advisory committees
• 29:31 – Insights into the motivations behind and creation of AB 1912
• 33:49 – Careful analysis in assisting districts with reconfiguration/closure
• 37:22 – Demographics, parameters, and best practices regarding time frames
• 39:24 – Communication plans, community outreach, and the importance of good documentation
• 45:43 – The Superintendent’s role in the reconfiguration/closure process
• 48:14 – The importance of engaging with the entire district team
• 50:54 – The Board’s role in the reconfiguration/closure process
• 56:01 – Final thoughts

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.

This Lozano Smith Podcast episode is the third 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.  In this episode, host Sloan Simmons connects with Lozano Smith CCS expert Brandon Krueger, Ed.D. and Partner Sarah Levitan Kaatz regarding building and sustaining a professional organizational culture.  This discussion highlights overarching concepts, practical approaches, and a framework for the extremely important, hard, and sustained work necessary to develop, improve, and maintain a successful, professional organizational culture.   Applicable takeaways from this episode can benefit school district leaders, but uniquely governing board members, superintendents, and other members of a district’s leadership cabinet.

Show Notes & References

• 2:48 –  Differentiating between culture and climate
• 6:00 – Shifting culture
• 10:15 – Accountability (external and internal)
• 12:45 – Organizational culture work
• 17:11 – Timelines and tailoring trainings to each individual participant
• 22:27 – Bias incident response work example
• 27:09 – Flexibility to encourage participant investment
• 29:49 – Supporting administrators to maintain positive shifts
• 35:05 – Training “bites” and the importance of repetition in learning
• 37:11 – Strategies to combat administrator attrition and retirement
• 41:34 – Reference checks
• 42:10 – New requirements for job applicants and hiring entities (Assembly Bill (AB) 2534) (Client News Brief 47 – November 2024)

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.

This Lozano Smith Podcast episode is the second 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.  Whether your school district successfully passed a bond or parcel tax in years past or just this month, once those financial resources are accounted for, the process of moving forward with construction begins.  In this episode, host Sloan Simmons connects with Lozano Smith CCS expert George S. Sziraki, Ed.D. and Partner Kelly Rem regarding best practices for superintendents and their teams for advanced planning, issue spotting, engaging with their school boards, constituents, and other important stakeholders in the school construction project process.  Practical takeaways from this episode can benefit school district leaders at any stage of the school construction process, but in particular those at the starting point of the process.

Show Notes & References

• 3:06 –  Budget process and the importance of management oversight
• 4:25 – The impact of timeline development on budget markers
• 7:19 – Accounting for unanticipated delays
• 8:40 – Stakeholder communications and legal aspects that come into play
• 12:36 – School bonds and Oversight Committees
• 13:37 – Lozano Smith Podcast Episode 68 Citizen Bond Oversight Committees: A Primer for School Districts (Listen here)
• 13:55 – Strategies for fostering good relationships with Oversight Committees
• 15:06 – Communications through the preconstruction phase and understanding delivery methods
• 17:11 – Potential legal engagement and knowing when to pass the baton
• 18:09 – The Levine Act
• 18:53 – Factoring in Title IX inequity issues and ADA (Americans with Disabilities Act) compliance
• 21:40 – Front-end policy development
• 22:34 – CUPCCAA (California Uniform Public Construction Cost Accounting Act)
• 23:53 – When disputes arise
• 26:03 – Big picture takeaways

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.

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.

Graduation season is fast approaching and now is the time for selecting speakers, auditioning singers and all the other details that go into planning a successful event.  On this Lozano Smith podcast, host Sloan Simmons and his guests Partners and Lozano Smith Student Practice Group Leaders, Ruth Mendyk and Kyle Raney, walk through parameters and considerations in preparing for the ceremony itself, including speeches, music, adornments and more.  The group also discusses the basics that being included in the ceremony is not a guarantee, but should be considered a privilege for students to participate.

Show Notes & References

• 1:14 – Participating in graduation: a privilege, not a right (Swany v. San Ramon Valley Unified Sch. Dist. (N.D. Cal. 1989) 720 F.Supp. 764)
• 4:00  – Best practices for districts to communicate graduation policies and parameters
• 7:27 – Non-public forums of graduation ceremonies
• 10:01 – Due process regarding student participation (Castro v. Clovis Unified School District (U.S.D.C. E.D. Cal. 2022) Case No. 1:19-cv-00821-DAD-SKO) (Client News Brief 29 – June 2022)
• 12:31 – Students on the mic (Lassonde v. Pleasanton Unified School District (2003) 320 F.3d 979)
• 16:42 – Invocations and religious speech (Cole v. Oroville Union High School District (9th Cir. 2000) 228 F.3d 1092)
• 19:19 – Prayer at graduation (Kennedy v. Bremerton School District (2022) 142 S.Ct. 2407) (Client News Brief 31 – July 2022)
• 23:34 – Alternative bases for regulating expression (Corder v. Lewis Palmer School District No. 38 (U.S.D.C. D. Col. 2009) Case No. 08-1293 and Hazelwood School District v. Kuhlmeier (1988) 484 U.S. 260) (Education Code section 48907)
• 26:55 – Songs and instrumental music  (Nurre v. Whitehead (9th Cir. 2009) 580 F.3d 1087)
• 30:13 – Student fees and free school guarantee – caps and gowns and senior activities
• 32:02 – Adornment of cap and gown (Education Code section 35183.1)

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.

This episode explores the evolving landscape of Title IX through the lens of where we are and where we’re headed. From the impact of the 2020 regulations and the recent vacating of the 2024 regulations, to current executive orders, investigations, and state laws shaping implementation today, our team looks ahead at what future federal guidance may hold. Lozano Smith Title IX gurus Monica Batanero, Sarah Fama, and Emma Sol join host Sloan Simmons for this timely discussion to help school leaders navigate the rapid legal changes.

Show Notes & References

• 2:14 – The current buzz around Title IX
• 3:35  – 2024 Title IX Regulations vacated by January 9, 2025 Kentucky court case (Tennessee v. Cardona, 2:24-cv-00072)
• 5:15 – Ensuring compliance with the 2020 Regulations
• 7:51 – Other policies impacted by removal of the 2024 Regulations
• 8:45 – Potential for drafting future Title IX Regulations to have less back and forth change between administrations
• 12:21 – Executive orders impacting Title IX (See (1) Client News Brief 7; (2) Client News Brief 11; (3) Client News Brief 12)
• 12:56 – January 20, 2025 Executive Order
• 13:29 – Podcast Episode 78 At Last! The New Title IX Regulations Are Here – What You Need to Know
• 16:14 – California Education Code section 221.5 (f)
• 17:23 – Maine Department of Education letter
• 22:40 – Roe v. Critchfield (9th Cir. Mar. 20, 2025), Case No. 23-2807, __ F.4th __ (Client News Brief 14 – April 2025)
• 27:48 – Closing thoughts
• 29:14 – Lozano Smith’s Federal Policy and Guidance Developments resource page

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.

In the final episode of our three-part podcast series, host Sloan Simmons joins Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District, to tackle all things implementation.  The experts discuss turning plans into action, from developing teams and agreements to delivery methods and launch.

Show Notes & References

• 2:14 – How to select a delivery method (Resource: Construction Delivery Methods)
• 4:53 – Lease-Leaseback method (Listen to: Episode 71 Proper Procurement & Bidding)
• 8:10 – Ensuring Board policies and resolutions are up to date
• 8:48 – Timing
• 10:16 – Project management
• 11:57 – Recommendations regarding Construction Managers
• 12:44 – Big picture takeaways

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.

In Part 2 of this three-part podcast series, host Sloan Simmons is back with Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District. The group covers team building, planning with and for consultants, tips and tricks, and how to best utilize your legal team to get your project off the ground.

Stay tuned for Part 3: Implementation, and visit www.lozanosmith.com/podcast to access upcoming episodes upon immediate release.

Show Notes & References

• 1:55 – Building your team of construction professionals
• 3:07 – FAQ – Construction Professional Selection
• 5:42 – Planning for consultants on the team
• 6:41 – When to involve a CEQA consultant
• 8:11 – Starting your project (mapping, calendars, etc.)
• 10:29 – Interplay with Facilities Master Plan work
• 11:49 – Tips and tricks for procuring consultants
• 14:21 – The value of site visits
• 16:20 – Interacting with your legal team

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.