All posts by Lozano Smith

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.


Episode 32: AB 48 Would Have A Big Impact on School Facilities – If Voters Approve (A Bonus Episode of the Lozano Smith podcast)



Host Devon Lincoln talks with attorneys Daniel Maruccia and Harold Freiman about what AB 48 could mean for school facilities funding if approved by the voters in March 2020.

Show Notes & References

    • 2:52  3-legged stool
    • 4:49  Prop 47 (2002)
    • 5:09  Prop 55 (2004)
    • 5:30  Prop 1D (2006)
    • 6:24  Prop 51 (2016)
    • 10:42  AB 48 (2019) (Client News Brief 62 – October 2019)
    • 13:25  School Facilities Programs (SFP)
    • 17:00  Office of Public School Construction (OPSC) / State Allocation Board (SAB)
    • 23:35  Prop 39 bonds
    • 24:01  Tax rate limit
    • 30:29  Sterling fees (1986)
    • 30:56  SB 50 (1997) – School impact fee law

 

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


Episode 31: Fall 2019 Legislative Roundup – Student Bills



Sloan Simmons talks with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Aimee Perry regarding this year’s legislative enactments impacting students and tips for school districts in preparing for compliance with these new laws.

Show Notes & References

 

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


Episode 30: Charter School Reform Laws Have Been Enacted – Now What?



Following months of discussion regarding the impact that charter schools have had on traditional public schools, the Legislature has passed, and Governor Newsom has signed, two bills that will have wide-ranging impacts on California charter schools and their authorizers. Joining host Devon Lincoln to discuss these new laws, and what charter school authorizers need to know about these changes, are attorneys Megan Macy and Ed Sklar.

Show Notes & References

 

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


Episode 29: Top Myths of School Avoidance (Part 2)



In Part 2 of our discussion on school avoidance, Sloan Simmons continues the discussion with Jennifer Baldassari and Susan Bishop about case examples, myths, and best practices.

Show Notes & References

  • 3:15  Confirmation Bias
  • 7:10  General Education Interventions (Ed. Code 56303)
  • 8:45  ERMHS Assessments
  • 10:30  Orinda Union School District v. Student  (2017) OAH Case No. 2017060787
  • 14:40  Lucia Mar Unified School District v. Student  (2017) OAH Case No. 2017020299
  • 16:20  Residential Treatment Centers
  • 23:20  Parent v. Berkeley Unified School District  (2018) OAH Case No. 2018030517
  • 34:37  Santa Monica-Malibu Unified School District  (2018) OAH Case No. 2017110028
  • 47:19  Takeaways

 

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


Episode 28: Top Myths of School Avoidance (Part 1)



In Part 1 of our discussion on school avoidance, Sloan Simmons talks with Jennifer Baldassari and Susan Bishop about the challenges districts face in school avoidance issues from both a legal and practical perspective, highlighting the top myths associated with school avoidance along the way.

Show Notes & References

 

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


Episode 27: What Is Least Restrictive Environment? What the Courts Say



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.