Episode 42: Return to School in the COVID-19 Era – Student Athletics Issues (Part 3)



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

Since recording this podcast, the California Department of Public Health updated its publication for Schools and School Based Programs to add COVID-19 guidance on Sports and Extra Curricular Activities.  A copy of this August 3, 2020 CDPH COVID-19 Guidance: Schools and School Based Programs is accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf.  Additionally, CIF has established a COVID-19 Resources page accessible here: https://www.cifstate.org/covid-19/index.

Show Notes & References

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.


Episode 41: Return to School in the COVID-19 Era – Special Education Issues (Part 2)



Host Sloan Simmons talks with Lozano Smith Special Education Practice Group leaders Marcy Gutierrez and Alyssa Bivins 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

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.


Episode 40: Return to School in the COVID-19 Era – Student Issues (Part 1)



Host Sloan Simmons talks with Lozano Smith attorneys Aimee Perry and Desiree Serrano 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

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.


Episode 39: Suicide Awareness and Prevention – From ACSA’s ECC Symposium to the COVID-19 Crisis



While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention.  This timely discussion highlights recent legislative changes in the area of suicide prevention, and includes ideas on resources and best practices to consider when addressing the topic of suicide prevention in California school districts.  Bonus material recorded during school campus closures provides additional resources for helping students during the present crisis.

Show Notes & References

  • 3:35 – Student v. Golden Plains USD (OAH 2019) OAH Case No. 2019040042
  • 10:10 – School avoidance podcast episodes (Part 1 & Part 2)
  • 14:22 – Completing a risk assessment
  • 17:31 – Student Records
  • 18:40 – Importance of risk assessments
  • 21:04 – Impacts of 13 Reasons Why and Social Media
  • 22:34 – Frequency of training
  • 24:03 – AB 1767
  • 24:36 – AB 34
  • 24:52 – CDE & CSBA suicide prevention toolkits
  • 26:07 – Support to a district and community if a suicide occurs
  • 30:03 – Addressing suicide prevention and mental health issues during distance-learning times

 

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


Episode 38: California’s Uniform Complaint Procedures: What You Need to Know in 2020



Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP).  Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.

Show Notes & References

  • 1:20 – What is the UCP?
  • 6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3
  • 7:03 – Types of complaints subject to the UCP
  • 8:59 – Types of complaints that are not subject to the UCP
  • 9:55 – Do UCP complaints need to be in writing?
  • 12:04 – Requirements of the UCP
  • 21:28 – Findings and Decision Letter
  • 35:23 – CDE appeals process
  • 43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy)
  • 44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy)
  • 48:45 – Education Code 234.1

Episode 37: The New Year Brings A Huge Wave of Affordable Housing Legislation: What Does It All Mean for California Cities?



Host Devon Lincoln talks with William P. Curley III and Jenell Van Bindsbergen, co-chairs of the firm’s Municipal Practice Group, about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019.  The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.

Show Notes & References

 

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


Episode 36: On Location at CSBA’s AEC – Insights on Critical Issues Impacting Education Agencies by Statewide Education Law Experts (A Bonus Episode of the Lozano Smith Podcast)



While on location at the California School Boards Association’s (CSBA) 2019 Annual Education Conference, host Sloan Simmons talks with CSBA General Counsel, Kathryn Meola, and one of Lozano Smith’s founding partners, Mike Smith, about critical legal issues impacting educational and other public agencies heading in 2020 and beyond.

Show Notes & References

  • 2:45  W. v. Tehachapi Unified School Dist., Ninth Circuit Case No. 19-15680, appeal from 2019 WL 1092574 (E.D. Cal. Mar. 8, 2019)
  • 2:53  Education Legal Alliance (ELA)
  • 3:58  R. ex rel. E.N. v. LAUSD (9th Cir. 2015) 805 F.3d 1164
  • 7:13  California Voting Rights Act (CVRA), Elections Code sections 14025-14032 (2001)
  • 11:25  Serrano v. Priest (177) 20 Cal.3d 25
  • 15:14  Gordon v. LAUSD, Ninth Circuit Case No. 19-55806, appeal from 2019 WL 2511936 (C.D. Cal. June 17, 2019)
  • 18:42  Ross v. County of Riverside (2019) 36 Cal. App. 5th 25
  • 23:03  Assembly Bill (AB) 1353 (limit on probationary service for classified employees)
  • 26:56  L. v. Clovis Unified School Dist., Ninth Circuit Case No. 18-16669, on appeal from 2018 WL 3738963 (E.D. Cal. Aug. 3, 2018)
  • 29:10  Payne v. Peninsula School Dist. (9th Cir. 2011) 653 F.3d 863
  • 29:26  Fry v. Napoleon Community Schools (2017) 580 U.S. ___, 137 S.Ct. 743
  • 31:18  Paul G. by and through Steve G. v. Monterey Peninsula Unified School Dist. (9th Cir. 2019)
  • 33:43  CSBA Online Learning Center
  • 35:30  AB 218 (childhood sexual abuse and assault, limitations periods)
  • 41:20  Vergara v. State of California, 246 Cal.App.4th 619
  • 41:50  Atwater Elementary School Dist. v. California Dept. of General Services (2007) 41 Cal.4th 227

 

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


Episode 35: Fall 2019 Legislative Roundup – Labor & Employment Bills



Host Sloan Simmons talks with Lozano Smith partners Michelle Cannon and Gabriela Flowers, co-chairs of the firm’s Labor and Employment Practice Group, about important new labor and employment laws passed in 2019 and how they will impact public agency employers in the new year.  Topics covered include employment classifications, probationary periods for classified public school employees, new lactation accommodation requirements, settlement agreements with employees, and expansion of anti-discrimination laws, among others.  This a must listen as we head into the new year, as most of these new laws become effective January 1, 2020, and may require changes to agency policies.

Show Notes & References

  • 2:18  Assembly Bill (AB) 1353 (Limit on probationary service for classified employees)
  • 4:31  AB 9 (Employment discrimination claim timelines)
  • 4:59  California Fair Employment and Housing Act (FEHA)
  • 5:57  Equal Employment Opportunity Commission (EEOC)
  • 6:17  Department of Fair Employment and Housing (DFEH)
  • 8:01  Senate Bill (SB) 328 (School start times) (Client News Brief 66: November 2019)
  • 10:24  SB 188 (Hairstyles)
  • 13:07  SB 778 (New sexual harassment training requirements)
  • 13:22  SB 1343 (2018)
  • 15:52  SB 142 (Lactation accommodations)
  • 17:03  AB 749 (Settlement agreement no-rehire language)
  • 22:52  AB 1223 (Organ donation)
  • 25:33  SB 83 (Family leave policies)
  • 27:18  California State Disability Insurance (CA-SDI)
  • 28:26  AB 5 (Dynamex decision re employee classifications)
  • 30:24  Borello test

 

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


Episode 34: The 7 Things Every Elected Board or Council Member Should Know



Host Devon Lincoln talks with Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, about the basics that every newly elected member of a local agency governing body should know when assuming office.  This podcast isn’t just for newly electeds – it’s full of information for public officials, local agency staff, and members of the voting public too.

Show Notes & References

 

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


Episode 33: Fall 2019 Legislative Roundup – Special Education Bills



Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year’s legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020.

Show Notes & References

  • 2:07  Assembly Bill (AB) 605 (Assistive technology devices) (Client News Brief 51: October 2019)
  • 5:35  Senate Bill (SB) 75 (Education finance)
  • 8:53  AB 1172 (Non-public schools and non-public agencies)
  • 11:18  AB 947 (Visually impaired students)
  • 11:46  Expanded Core Curriculum (ECC)
  • 13:44  Orientation & Mobility (O&M) evaluations
  • 14:23  SB 695 – Not signed by Governor (Obligation to translate IEP documents for parents)
  • 18:31  SB 223 (Medicinal cannabis – Jojo’s Act) (Client News Brief 57: October 2019)
  • 18:38  Episode 31: Legislative Roundup – Student Bills (listen here)
  • 22:22  Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 (Client News Brief 55: October 2018)
  • 24:29  AB 2657 (Seclusion and Restraints) (Client News Brief 90: December 2018)

 

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