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Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit.

Show Notes & References

• 1:42  LRE (Least Restrictive Environment) – 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.114; 34 C.F.R. § 300.115
• 2:50  IDEA (Individual with Disabilities Education Act) – 20 U.S.C. § 1400 et seq.
• 7:34  Sacramento City Unified Sch. Dist. v. Rachel H. (9th Cir. 1994) 14 F.3d 1398
• 11:05  Poolaw v. Bishop (9th Cir. 1995) 567 F.3d 830
• 20:12  K.M. v. Tehachapi Unified Sch. Dist. (E.D. Cal. Apr. 5, 2017) Case No. 1:15-cv-001835 LJO JLT, 2017 WL 1348807
• 23:02  Solorio v. Clovis Unified Sch. Dist. (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, 748 Fed.Appx. 146
• 32:47  R.M. by and through S.M. v. Gilbert Unified Sch. Dist. (9th Cir. Apr. 24, 2019) Case No. 17-16722, 768 Fed.Appx. 720
• 34:45  Baquerizo v. Garden Grove Unified Sch. Dist. (9th Cir. 2016) 826 F.3d 1179

 

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

Podcast: Play in new window | Download (Duration: 43:01 — 59.4MB) | Embed

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As California seeks legislative solutions for the statewide housing crisis, new laws increasingly seek to ease the path toward construction of affordable housing.  Implementation of these laws has widespread financial and planning impacts on cities, counties and school districts.  Host Devon Lincoln talks with Harold Freiman and Bill Curley about the affordable housing crisis and the repercussions of the new laws at the local level.  This conversation explores how cities and counties are effected by the increasingly centralized state laws, and how the resulting increase in the pace of development impacts school districts.

Show Notes & References

• 10:04  SB 1 – Road Repair and Accountability Act (2017)
• 12:25  AB 72 (2017) – Attorneys General can sue city or county for housing noncompliance
• 12:59  Housing and Community Development (HCD)
• 15:20  Sterling fees (1986)
• 17:01  SB 50 (1997) – School impact fee law
• 17:06  School impact fee tiers (Level 1, 2, 3)
• 17:39  Prop 39 bonds/55% bonds
• 19:44  Transit Corridors and Student Generation Rate (SGR)
• 23:04  City of Huntington Beach lawsuits
• 29:51  SummerHill Winchester LLC v. Campbell Union School District
• 31:39  2019 Proposed legislation from Senator Scott Weiner (SB 50)
• 35:01  Impact on schools
• 36:52  School district workforce housing
• 37:38  What can the state do for schools?
• 39:07  What can the state do for cities?
• Client News Brief: New Law Eases Path to School Employee Housing (February 2018)
• Client News Brief: State Adopts Comprehensive Housing Legislation (December 2017)

 

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