Let’s Talk - Lozano Smith 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.

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.

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 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.

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

In this episode, we re-air Podcast 52 from March 2022, in which 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 all fall on March 15. This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  The presenters also address changes to the classified layoff process that became effective in 2022. Sloan also discusses with Gabby some important updates and developments on these issues as of March 2025. Show Notes & References 2:29 – Non-reelection of second year probationary certificated employees 3:32 – March 15th deadlines 4:51 – First year probationary employees 4:56 – Education Code section 44929.21 5:41 – Release and reassignment notices for administrators (Ed. Code section 44951) 8:43 – Certificated layoff process 10:12 – Ed. code sections 44955 and 44949 10:37 – Bumping rights 11:23 – Chronology of layoffs 15:55 – Classified layoff process 18:16 – Bumping language and collective bargaining agreements (CBAs) 19:16 – Definition of permanency for classified employee layoffs 20:02 – AB 438 impacts 23:14 – CBAs and classified layoffs 26:20 – *UPDATES* as of March 2025   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this three-part podcast series, host Sloan Simmons engages with Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, as well as special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District, on a thoughtful discussion regarding state funding and post-Proposition 2 spending.   This discussion will assist listeners in issue spotting, problem solving, and building a proactive approach to planning and managing your district's future.   Part 1 of the series covers what is different in the new State Bond, and what it means from a practical perspective for school districts. Stay tuned for Part 2: Planning and Procurement and Part 3: Implementation, and visit www.lozanosmith.com/podcast to access the upcoming episodes upon immediate release. Show Notes & References 3:05 – Impact of Proposition 2 State Bond and resulting changes 5:26 – Facilities Master Plans and how to use them 8:27 – New supplemental grants and modernization funding 12:17 – Aspects where greater clarity is still needed 15:58 – Interim housing for declared state of emergencies 17:50 – Project labor agreements 18:20 – Practical perspectives

In this episode, host Sloan Simmons engages with Lozano Smith's student law experts Ed Sklar and Josh Whiteside regarding applicable laws, guidance, and anticipated developments regarding immigration enforcement and schools under the new presidential administration.  The group discusses the similar focus on this issue dating back to 2017-2018, what happened then, resulting California laws and guidance on point, and anticipated changes at the federal level that will impact California schools. Show Notes & References 2:01 – Immigration enforcement and impact on public school students 4:56 – Recent events unfolding and preparing for change 7:01 – Sanctuary school districts and schools 8:03 – State Senate Bill 54 (Identified California as a sanctuary state) (Client News Brief 75 - November 2017) 12:15 – 2017 Nationwide Injunction 13:59 – Legal obligations for school districts (Plyler v. Doe (1982) 457 U.S. 202) 15:17 – State law and policies (Assembly Bill 699) (Client News Brief 64 - October 2017) 17:36 – California Attorney General guidance (Client News Brief 1 - January 2025) 18:27 – Potential consequences for sanctuary school districts 20:10 – October 2021 Department of Homeland Security “Protected Areas” memorandum 22:15 – February 20, 2017 Department of Homeland Security memorandum 28:22 – Expectations going forward 31:41 – Comparisons to 2017 and what districts can do now 37:07 – UPDATE 1/22/25! - Important post-inauguration update January 20, 2025 Executive Order “Protecting the American People Against Invasion” January 21, 2025 Statement from Department of Homeland Security regarding Rescission of “Protected Areas” memorandum January 21, 2025 Department of Justice Memorandum on Changes regarding Immigration Enforcement   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join Lozano Smith Student attorneys Ruth Mendyk, Alexandra Carubis, and Josh Whiteside as they discuss developments from the most recent legislative session and evaluate the impacts on California students beginning January 1, 2025. Show Notes & References 2:03 – Prohibition of suspension for students seeking help with substance use (Assembly Bill (AB) 2711) 5:53 – Lawful possession of fentanyl antagonists and test strips (Senate Bill (SB) 997) 8:19 – Immunity for opioid antagonist administration (AB 2998) 9:34 – Health education and student instruction regarding fentanyl use (AB 2429) 13:14 – Financial literacy (AB 2927) 14:27 – Menstrual health education (AB 2229) (Client News Brief 46 - October 2024) 16:12 – Social sciences curriculum changes (AB 1821) 17:17 – Homework policy development (AB 2999) (Client News Brief 48 - November 2024) 21:54 – Truancy notification letter requirements (SB 691) (Client News Brief 45 - October 2024) 24:38 – Excused absences (SB 1138) (Client News Brief 45 - October 2024) 26:39 – Limits on student social media use at school (SB 1283) 28:32 – Cell phone bans on campus (AB 3216) (Client News Brief 40 - September 2024)   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 board 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.

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) 14:57 – Why IEP goals are not tied to grade-level standards 20:16 – Learning recovery and addressing disparities 23:22 – Referrals for inclusion programs 24:10 – Social Emotional Learning (SEL) curriculum 24:52 – Next steps for the future 26:52 – Multi-Tiered System of Supports (MTSS) 28:27 – Behavior, discipline, and support for students and teachers in the classroom 35:15 – Check-in's and coming back 37:03 – 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 2:50 – Senate Bill (SB) 14 – Expanded definition of illness for student absences 6:46 – Assembly Bill (AB) 516 – Cultural ceremonies and events 9:13 – SB 254 – September 11th remembrance exercises and observations 11:24 – AB 27 (urgency) – Collection of information and rights/resources for homeless students 12:11 – SB 400 (non-urgency) – Collection of information and rights/resources for homeless students 13:36 – Trailer bill for post-secondary education 14:26 – AB 132 – FAFSA form requirements 17:25 – AB 104 – Grade change requests and student retention/exemptions 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, host Devon Lincoln breaks down the Supreme Court's decision and its implications for California school districts with Lozano Smith student speech experts Mike Smith and Sloan Simmons. 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.