All posts by Lozano Smith

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.


Episode 26: No Easy Answers – Cities, School Districts, and the Statewide Affordable Housing Crisis



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

 

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


Episode 25: The Evolving Landscape of Title IX Compliance



Title IX impacts more than just college athletics. Host Sloan Simmons talks with Michelle Cannon and Stephanie White of Lozano Smith’s Title IX Impact Team about the current status of the law, including the proposed regulations which contain sweeping revisions to existing practices. This conversation explores the depth and breadth of Title IX and provides important insights for all public school administrators in K-12 through college.

Show Notes & References

 

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


Episode 24: Watts in Your Wallet – Financing Clean Energy Projects (Part 2)



In Part 2 of our discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the options for financing such projects and the overarching themes impacting this area of the law.

Show Notes & References

 

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


Episode 23: Looking at the Bottom Line – How California’s State Budget Process Directly Impacts Your School District’s Options



Host Devon Lincoln talks with veteran experts Karen Rezendes and Mattie Scott about the California budget process, Governor Newsom’s first State budget (just passed on June 13), and the high stakes local school districts face when planning around the annual budget process.

Show Notes & References

  • 5:40  Prop 13 (1978)
  • 10:57  Prop 4, the “Gann Limit” Initiative (1979)
  • 11:29  Education for All Handicapped Children Act (EHA) (PL 94-142)
  • 11:35  Education Employment Relations Act (EERA) (1976)
  • 12:12  Tax Reform Act of 1986
  • 12:36  Prop 98 (1988)
  • 17:18  Prop 111 (1990)
  • 18:51  CTA et al. v. Gould (1996)
  • 19:51  Prop 140 (1990)
  • 23:47  Prop 25 (2010)
  • 34:36  Prop 2 (2014)

 

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


Episode 22: Course Correction? The Legislature Looks at Big Changes for Charter Schools in California



Host Devon Lincoln talks with Ed Sklar and Erin Hamor about new charter school legislation causing a stir in Sacramento.  If enacted, the pending bills will drastically alter California’s current charter school landscape.

Show Notes & References

 

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


Episode 21: Watts in Your Wallet – Financing Clean Energy Projects (Part 1)



In Part I of a discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the wide range of such projects and the challenges public agencies face in determining how to finance them.

Show Notes & References

 

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


Episode 20: From ABC to CBD – When Marijuana and Schools Collide



The issue of students using marijuana in California’s public schools is ever-evolving, leaving many confused as to the state of the law. Sloan Simmons engages experts in this area of school law, Aimee Perry and Alyssa Bivins, on the most recent developments, including issues for school districts to consider when it comes to student discipline, special education, medication administration, as well as possible changes to state and federal law regarding cannabis which, if passed, would affect school districts. This thoughtful discussion fully explores the latest on these topics, including trending practices and options for school officials.

Show Notes & References

 

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


Episode 19: Religion in the Schools – A Vehicle for Inclusivity



Attorney Michael Smith, joined by associate Josh Whiteside, talks with host Devon Lincoln about the role that religion plays in the lives of public school students and their teachers and other staff, and how schools can create a climate of inclusivity and support for students of every background and faith tradition.

Show Notes & References

 

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


Episode 18: Restraints – How the Law Guides Some of the Most Challenging Classroom Decisions



In a wide ranging discussion on a sensitive and challenging topic, Devon Lincoln discusses the law regarding the use of restraints in school with special education attorneys Sarah Garcia and Roxana Khan. The attorneys discuss real world experiences, the law that applies in this area, and how staff and administrators can best approach these difficult issues.

Show Notes & References

 

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