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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.

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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.