Let’s Talk - Lozano Smith Podcast – Details, episodes & analysis

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.