E108 What’s Next For School Districts Under Mirabelli and Mahmoud

E108 What’s Next For School Districts Under Mirabelli and Mahmoud

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In this episode, host Michelle Cannon engages with Lozano Smith Litigation Practice Group Co-Chair Sloan Simmons and Student Practice Group Co-Chair Kyle Raney to discuss the current state of the law in California under Mirabelli v. Bonta and Mahmoud v. Taylor.  The discussion reviews developments and what is anticipated in the courts through the conclusion of 2026 in relation to these cases and parallel litigation, and covers best practices and policy options for school officials due to the current status of the law.

Show Notes & References

  • 1:34 – Case background: Mahmoud v. Taylor (2025) 606 U.S. 522 (Client News Brief 28 – July 2025)
  • 10:24 – Advice for local education agencies (LEAs) on how to respond to overly broad opt-out requests
  • 11:18 – Status of Mozert and Peloza cases (Mozert v. Hawkins County Bd. of Ed. (6th Cir. 1987) 827 F.2d 1058; Peloza v. Capistrano Unified School Dist. (9th Cir. 1994) 37 F.3d 517)
  • 12:25 – California Department of Education (CDE) guidance on Mahmoud
  • 12:38 – Case background: Mirabelli v. Bonta (2026) 607 U.S. 492 (Client New Brief 9 – March 2026)
  • 16:28 – Regino vs. Blake (E.D. Cal. Jan. 15, 2026) 2026 WL 121667 (now pending on appeal before Ninth Circuit)
  • 20:36 – Litigation before Ninth Circuit on Assembly Bill (AB) 1955; Chino Valley Unified School District, et al. v. Newsom, et al., Ninth Circuit Case No. 25-3686; City of Huntington Beach et al. v. State of California, Court of Appeals Case No. 26-25
  • 21:44 – Background on AB 1955 (Client New Brief 8 – March 2026)
  • 30:52 – Takeaways for LEAs on pending litigation cases
  • 32:26 – Recommendations for updating LEA policies and practices
  • 34:51 – More takeaways for LEAs and staff

 

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

 

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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