Episodes

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 procedu...

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 re...

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) (...

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 rami...

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 f...

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 antici...

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 meaningfu...

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 ...

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 –...

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 – Sa...

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-...

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 – Loc...

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...

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 f...

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. Sh...

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...

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 – ...

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. C...

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 Redevelopme...

Host Sloan Simmons joins Lozano Smith attorneys Ruth Mendyk and Joshua Whiteside to discuss updates to district policies and practices during the 2020-21 school year, pending legislation on student retention and grading issues for 2021-22 and proposed curriculum and kindergarten / preschool related issues for future years. Show Notes & References 2:30 – Assembly Bill (AB) 1127 – Expanded transfer rights to victims of bullying (Client News Brief 74) 4:34 – Education Code 48900(r) – Student disc...

Host Sloan Simmons talks with Lozano Smith attorneys Ruth Mendyk and Chelsea Olson Murphy about the latest developments on COVID-19 and student athletics, with a focus on the most recent guidance from the California Interscholastic Federation (CIF), as well as other state public health directives and guidance heading into the 2020-2021 school year. Updates UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-...

Host Sloan Simmons talks with Lozano Smith Special Education attorneys Alyssa Bivins and Marcy Gutierrez about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year. Show Notes & References 1:40 – California Department of Public Health Guidance (July 17, 2020) 2:13 – Senate Bill (SB) 98 2:25 – Emergency Plans and IEPs 10:00 – Impact of extended school closur...

Host Sloan Simmons talks with Lozano Smith attorneys Desiree Serrano and Aimee Perry about the latest developments on COVID-19 and students, with a focus on Senate Bill 98 and the most recent state agency directives and guidance heading into the 2020-2021 school year. Show Notes & References 2:18 – Requirements for in-person instruction 2:40 – Senate Bill (SB) 98 5:12 – Daily live interaction 7:16 – Distance learning 8:54 – California Department of Education’s Distance Learning FAQs 11:13 – ...

While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention. This timely discu...