Headshots of attorneys Marcy Gutierrez and Colleen Villarreal, side by side.

Episode 48 COVID-19 School Closures: Compensatory Education in the Special Education Context



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

 

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 47 The Supreme Court Speaks: Guidelines for Regulation of Student Off-Campus Speech



For the first time since 2007, the United States Supreme Court has weighed-in on student free speech rights under the First Amendment. In Mahanoy Area School District v. B.L., the high court addressed for the first time the parameters and limits for schools’ regulation of student off-campus speech. In this episode, Lozano Smith student speech experts Mike Smith and Sloan Simmons break down the Supreme Court’s decision and its implications for California school districts.

Show Notes & References

  • 1:58 – Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
  • 4:00 – Bethel School District v. Fraser (1986) 478 U.S. 675
  • 5:58 – Hazelwood School District et al. v. Kuhlmeier et al. (1988) 484 U.S. 260
  • 8:05 – Statutory framework in Education Code (Ed. Code §§ 48907, 48950)  
  • 9:34 – Morse v. Frederick (2007) 551 U.S. 393
  • 11:58 – Mahanoy Area School District v. B.L. (June 23, 2021) 594 U.S. ___
  • 19:56 – School district limitations on regulating off-campus speech
  • 24:35 – Types of behavior subject to regulation under B.L.
  • 33:02 – Impact of B.L. in California
  • 39:27 – Vernonia School District 47J v. Acton (1995) 515 U.S. 646
  • 40:43 – T.V. v. Smith-Green Community School Corporation (N.D. Ind. 2011) 807 F.Supp.2d 767
  • 43:31 – J.C. ex rel. R.C. v. Beverly Hills Unified School District (C.D. Cal. 2010) 711 F.Supp.2d 1094 (Client News Brief 53 – December 2009)
  • 46:25 – Wynar v. Douglas County School Dist. (9th Cir. 2013) 728 F.3d 1062 (Client News Brief 59 – September 2013)
  • 48:48 – C.R. v. Eugene School District 4J (9th Cir., Sept. 1, 2016) 835 F.3d 1142 (Client News Brief 65 – September 2016)
  • 51:34 – Shen v. Albany Unified School District (9th Cir. 2016) 835 F.3d 1142 (Client News Brief 87 – December 2017)
  • 55:36 – McNeil v. Sherwood School District 88J (9th Cir. 2019) 918 F.3d 700 (Client News Brief 30 – June 2019)

 

Lozano Smith’s COVID-19 Resources can be found here.

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


Episode 46 California’s “Reopening” and the Future of Public Meetings Under the Brown Act



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.


Episode 45 Charter School Reforms in the COVID-19 Era



Host Sloan Simmons facilitates a timely and interesting discussion with Lozano Smith Charter School Practice Group Leaders, Ed Sklar and Erin Hamor, regarding the status of charter school reform legislation and the impacts of COVID-19 on the same.

Show Notes & References

  • 2:10 – Review of charter reform legislation over the last two years
  • 2:31 – Assembly Bill (AB) 1505
  • 3:26 – State dashboard
  • 7:20 – AB 1316 and pending Education Budget Trailer Bill
  • 7:36 – People v. McManus; San Diego Super. Ct. Case No. SCD266439
  • 9:17 – Anticipated 3-year renewed moratorium on non-classroom based (NCB) charter schools
  • 9:38 – Anticipated 2-year hiatus for charter renewals
  • 11:57 – COVID-19 pandemic & NCB charter school accountability
  • 13:43 – SB 98 influence on NCB charter school funding (Client News Brief 60 – July 2020)
  • 15:49 – State review of NCB charter schools’ success during pandemic
  • 18:04 – Pending Education Budget Trailer Bill and NCB charter school moratorium
  • 19:30 – Charter school accountability components
  • 25:10 – Pending Education Budget Trailer Bill and anticipated timelines on renewal moratorium
  • 28:40 – Charter school location accountability
  • 28:48 – AB 1507
  • 33:40 – Lack of state regulation and implementation issues
  • 34:44 – Charter school recruitment issues
  • 36:24 – Consequences for ignoring recruitment obligations

 

Lozano Smith’s COVID-19 Resources can be found here.

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


Episode 44 EIFD and Tax Increment – A Public Finance Practitioner Discussion of the Enhanced Infrastructure Financing District Financing Tool



Lozano Smith attorneys Constantine Baranoff and Daniel Maruccia join host Sloan Simmons in an informative and detailed discussion of how Enhanced Infrastructure Financing Districts have evolved in California with attorneys who focus on public finance and who have formed EIFDs throughout the state. They also discuss available financing structures and explore projects (including freeway overlay and flood control) which EIFDs may be used to finance.

Show Notes & References

  • 5:01 – 2012 Redevelopment Agencies (RDA) dissolved
  • 6:58 – EIFD (Enhanced Infrastructure Financing District)
  • 13:35 – Formation of Public Finance Authority (PFA)
  • 15:13 – EIFD hearings and timelines
  • 19:03 – EIFD financing structures and combining the EIFD with other financing tools such as Mello-Roos
  • 28:25 – EIFDs vs. RDAs
  • 29:10 – Creative application of the EIFD tools in California; overview of types of projects being contemplated using EIFDs including flood control and freeway overlays
  • 36:31 – Upcoming important election dates for voter approved debt

 

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


Ruth Mendyk & Joshua Whiteside photos

Episode 43 Catching Up, and Looking Forward: Student Issues After a Year of COVID-19 and Heading Back to School in 2021-2022



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 discipline for bullying
  • 6:35 – Heightened transportation obligation within AB 1127
  • 7:55 – Changes to conditions for student UCP (Uniform Complaint Procedures) complaints (Client News Brief 77)
  • 10:35 – Face masks
  • 11:20 – California Department of Public Health (CDPH) guidelines (Client News Brief 3)
  • 12:30 – Vaccinations
  • 16:47 – June 15th reopening
  • 17:46 – Masks and buses (Executive Order 13998)
  • 19:26 – AB 104 – Student retention
  • 26:29 – AB 104 timelines
  • 28:10 – Pass/no pass grades (Education Code 49066.5)
  • 31:10 – Senate Bill (SB) 545 – Student retention
  • 36:56 – AB 101 – Ethnic studies curriculum
  • 38:24 – California State Board of Education (CSBE) adopted curriculum
  • 38:54 – Critical race theory & teaching about race
  • 42:54 – AB 22 – Expanded transitional kindergarten
  • 43:26 – SB 50 – California state preschool program
  • 44:05 – Virtual instruction & independent study

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 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

UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-19/12.1.20_release

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 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

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 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

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.