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In this episode, host Sloan Simmons joins Title IX experts Sarah Fama and Sinead McDonough for a comprehensive discussion regarding the status of the law as it pertains to gender identity, students, and schools.  Topics covered include the current status of California and federal law and policy on point, as well as the wide-ranging scope of pending litigation poised to impact this area of school law.

Show Notes & References

• 1:54 – Foundational cases impacting Title IX policy (Bostock v. Clayton County (2020) 140 S. Ct. 1731) (Client News Brief 50 – June 2020)
• 2:55 – Grabowski v. Arizona Board of Regents (9th Cir. 2023) 69 F.4th 1110
• 5:51 – Parents for Privacy vs. Barr (9th Cir. 2020) 949 F.3d 1210 (Client News Brief 40 – May 2020)
• 10:48 – Roe vs. Critchfield (9th Cir. 2025) 137 F.4th 912 (Client News Brief 14 – April 2025)
• 12:49 – Jones, et al. v. Critchfield, et al., Ninth Circuit Case No. 25-5413
• 13:44 – Regino vs. Blake (formerly Staley) (9th Cir. 2025) (Client News Brief 17 – April 2025)
• 14:57 – Assembly Bill (AB) 1266
• 20:00 – United States v. Skrmetti (2025) 605 U.S. 495
• 22:24 – The law in California
• 23:25 – CIF (California Interscholastic Federation) Rule 300D and Guidelines for Gender Identity Participation
• 24:36 – Interactions with federal law
• 25:56 – Executive Order (EO) 14168 (Client News Brief 12 – February 2025)
• 27:01 – Tennessee v. Cardona decision
• 28:29 – Dear Colleague letter – February 4, 2025
• 30:32 – Federal government’s approach and reaction to CIF and AB 1266 (USDOE Press Releases: February 12, 2025; March 27, 2025; June 25, 2025)
• 34:00 – Related Supreme Court cases (Little v. Hecox, Case No. No. 24-38; West Virginia v. B.P.J., Case No. 24-43)
• 35:09 – T.S. et al. v. Riverside Unified School District et al., U.S.D.C., Central District of California, Case No. 5:24-cv-02480-SSS-SP, and order on motion to dismiss, (C.D. Cal. Sept. 24, 2025) 2025 WL 2884416
• 36:25 – Protections for student privacy and their interactions with parental rights
• 39:22 – Mirabelli vs. Olson et al.¸U.S.D.C., Southern District of California, Case No. 3:23-cv-00768-BEN-VET
• 40:00 – The SAFETY Act (AB 1955)
• 44:13 – The dynamic between the federal government and California post-AB 1955 enactment (United States of America v. California Interscholastic Federation et al., U.S.D.C., Central District of California, 8:25-cv-01485-CV-JDE)
• 50:26 – Foote v. Ludlow School Committee, Case No. 25-77
• 52:19 – Mahmoud v. Taylor (2025) 606 U.S. 522 (Listen to Episode 97 Mahmoud v. Taylor) (Client News Brief 28 – July 2025)
• 53:31 – Access to facilities
• 55:15 – Grimm v. Gloucester County School Board (4th Cir. 2020) 972 F.3d 586
• 56:06 – Million Dollar Question: Does Title IX protect individuals based on gender identity or not?

 

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

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In this episode, host Sloan Simmons joins Partners Chelsea Olson-Murphy and Kyle A. Raney for a practical discussion of the holding, impact, and resulting best practices following the Supreme Court’s opinion in Mahmoud v. Taylor regarding the ability of parents to opt their children out of certain curriculum based upon sincerely held religious beliefs.

Show Notes & References

• 1:50 – Opt-out statutes in other states and how California can prepare for these changes
• 3:08 – Case background: Mahmoud v. Taylor (2025) 606 U.S. 522 (Client News Brief – July 2025)
• 9:31 – Wisconsin vs. Yoder (1972) 406 U.S. 205
• 9:59 – Kennedy v. Bremerton School Dist. (2022) 597 U.S. 507  (Client News Brief – August 2023)
• 11:11 – What the Supreme Court held in Mahmoud
• 15:56 – Why the Mahmoud decision matters for Local Educational Agencies (LEAs)
• 20:20 – Employment Div., Dept. of Human Resources of Oregon v. Smith (1988) 485 U.S. 660
• 21:56 – Practical considerations
• 27:42 – Interactions with California law
• 27:51 – The FAIR Act (Client News Brief – October 2025)
• 28:38 – Best practices and recommendations for LEAs
• 36:16 – Template opt-out forms and three prongs of information to gather
• 41:16 – Takeaways and final thoughts

 

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

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In this episode, host Sloan Simmons joins Public Finance Chair Daniel Maruccia and Municipal and Governance Co-Chair Mary Lerner to discuss opinions of counsel and their important role relating to bond issuances and related transactions.  Dan and Mary discuss the legal parameters applicable to opinions of counsel as well as practical impacts and challenges that can arise in this area of the law.

Show Notes & References

• 1:26 – What are Opinions of Counsel
• 2:26 – Who asks for an Opinion of Counsel and why
• 10:08 – Information needed prior to signing an Opinion
• 12:09 – The seriousness of signing Opinions
• 15:01 – Unqualified v. Qualified Opinions
• 16:19 – Due diligence analysis
• 23:48 – Consequences to being wrong
• 25:39 – Timelines and missing deadlines
• 32:05 – Best practices

 

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

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When it comes to hiring certificated staff, the process is now more complex and challenging. In this episode, host Aly Bivins connects with Lozano Smith attorneys Dulcinea Grantham and Gail Zurek to unpack the key provisions and implications of Assembly Bill (AB) 2534, focusing on legal obligations for Local Education Agencies related to certificated employees and egregious misconduct. Packed with FAQs, explanations of key obligations, and steps for practical compliance, this episode is essential listening for HR teams, administrators, and anyone involved in the certificated hiring process.

Show Notes & References

• 1:24 – Assembly Bill (AB) 2534 and impact on certificated employees (Education Code section 44939.5) (Client News Brief 47 – November 2024)
• 3:02 – Who is affected by AB 2534 (employees and Local Education Agencies (LEAs))
• 4:59 – The definition of “egregious misconduct”
• 6:52 – New obligations under AB 2534
• 7:47 – Obligations for LEAs responding to requests
• 12:49 – Issues regarding non-responsive LEAs
• 13:30 – Timelines for responses from LEAs
• 15:32 – Substitute teachers
• 16:25 – Steps for a hiring LEA that receives a report of egregious misconduct
• 18:36 – Disclosing reports to applicants or former employees
• 20:17 – Caution regarding what information LEAs provide to CTC (California Commission on Teacher Credentialing)
• 24:44 – What to do about information inadvertently not reported to CTC
• 23:34 – Common questions LEAs are facing
• 27:45 – Quick tips for LEAs

 

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

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Extended School Year (ESY) services can raise nuanced questions for IEP teams and special education professionals. On this episode of the Lozano Smith Podcast, host Aly R. Bivins talks with Roxana E. Khan and Erin Frazor about how ESY differs from summer school, the legal requirements under the IDEA, and how to make sound, individualized decisions. They round out the conversation by highlighting common pitfalls and offering practical tips to ensure compliance, including the importance of clear documentation.

Show Notes & References

• 2:10 – ESY (Extended School Year services) vs. Summer School
• 2:52  – FAPE (Free Appropriate Public Education) and ESY
• 3:40 – Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988 (Client News Brief 12 – March 2017)
• 5:54 – Common ESY issues and questions
• 8:18 – How to determine eligibility for ESY
• 8:45 – Regression/Recoupment Analysis applied in California
• 10:14 – Three other standards determined by the courts
• 14:08 – What to provide during ESY
• 21:21 – When to make ESY determination
• 25:10 – Determining ESY eligibility for incoming students with less available information
• 28:01 – Litigation regarding ESY
• 34:17 – Does ESY only apply during the summer?
• 37:14 – Does the IDEA speak to Least Restrictive Environment (LRE) in relation to ESY?
• 38:45 – M.C. by & through S.B. v. Los Angeles Unified School District (C.D. Cal., Aug. 9, 2023) Case No. 2:20-CV-09127-CBM-E, 2023 WL 11066079
• 40:07 – Continuum of ESY placement options

 

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

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Graduation season is fast approaching and now is the time for selecting speakers, auditioning singers and all the other details that go into planning a successful event.  On this Lozano Smith podcast, host Sloan Simmons and his guests Partners and Lozano Smith Student Practice Group Leaders, Ruth Mendyk and Kyle Raney, walk through parameters and considerations in preparing for the ceremony itself, including speeches, music, adornments and more.  The group also discusses the basics that being included in the ceremony is not a guarantee, but should be considered a privilege for students to participate.

Show Notes & References

• 1:14 – Participating in graduation: a privilege, not a right (Swany v. San Ramon Valley Unified Sch. Dist. (N.D. Cal. 1989) 720 F.Supp. 764)
• 4:00  – Best practices for districts to communicate graduation policies and parameters
• 7:27 – Non-public forums of graduation ceremonies
• 10:01 – Due process regarding student participation (Castro v. Clovis Unified School District (U.S.D.C. E.D. Cal. 2022) Case No. 1:19-cv-00821-DAD-SKO) (Client News Brief 29 – June 2022)
• 12:31 – Students on the mic (Lassonde v. Pleasanton Unified School District (2003) 320 F.3d 979)
• 16:42 – Invocations and religious speech (Cole v. Oroville Union High School District (9^th Cir. 2000) 228 F.3d 1092)
• 19:19 – Prayer at graduation (Kennedy v. Bremerton School District (2022) 142 S.Ct. 2407) (Client News Brief 31 – July 2022)
• 23:34 – Alternative bases for regulating expression (Corder v. Lewis Palmer School District No. 38 (U.S.D.C. D. Col. 2009) Case No. 08-1293 and Hazelwood School District v. Kuhlmeier (1988) 484 U.S. 260) (Education Code section 48907)
• 26:55 – Songs and instrumental music  (Nurre v. Whitehead (9^th Cir. 2009) 580 F.3d 1087)
• 30:13 – Student fees and free school guarantee – caps and gowns and senior activities
• 32:02 – Adornment of cap and gown (Education Code section 35183.1)

 

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

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This episode explores the evolving landscape of Title IX through the lens of where we are and where we’re headed. From the impact of the 2020 regulations and the recent vacating of the 2024 regulations, to current executive orders, investigations, and state laws shaping implementation today, our team looks ahead at what future federal guidance may hold. Lozano Smith Title IX gurus Monica Batanero, Sarah Fama, and Emma Sol join host Sloan Simmons for this timely discussion to help school leaders navigate the rapid legal changes.

Show Notes & References

• 2:14 – The current buzz around Title IX
• 3:35  – 2024 Title IX Regulations vacated by January 9, 2025 Kentucky court case (Tennessee v. Cardona, 2:24-cv-00072)
• 5:15 – Ensuring compliance with the 2020 Regulations
• 7:51 – Other policies impacted by removal of the 2024 Regulations
• 8:45 – Potential for drafting future Title IX Regulations to have less back and forth change between administrations
• 12:21 – Executive orders impacting Title IX (See (1) Client News Brief 7; (2) Client News Brief 11; (3) Client News Brief 12)
• 12:56 – January 20, 2025 Executive Order
• 13:29 – Podcast Episode 78 At Last! The New Title IX Regulations Are Here – What You Need to Know
• 16:14 – California Education Code section 221.5 (f)
• 17:23 – Maine Department of Education letter
• 22:40 – Roe v. Critchfield (9th Cir. Mar. 20, 2025), Case No. 23-2807, __ F.4th __ (Client News Brief 14 – April 2025)
• 27:48 – Closing thoughts
• 29:14 – Lozano Smith’s Federal Policy and Guidance Developments resource page

 

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

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In the final episode of our three-part podcast series, host Sloan Simmons joins Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District, to tackle all things implementation.  The experts discuss turning plans into action, from developing teams and agreements to delivery methods and launch.

Show Notes & References

• 2:14 – How to select a delivery method (Resource: Construction Delivery Methods)
• 4:53 – Lease-Leaseback method (Listen to: Episode 71 Proper Procurement & Bidding)
• 8:10 – Ensuring Board policies and resolutions are up to date
• 8:48 – Timing
• 10:16 – Project management
• 11:57 – Recommendations regarding Construction Managers
• 12:44 – Big picture takeaways

 

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

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In Part 2 of this three-part podcast series, host Sloan Simmons is back with Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District. The group covers team building, planning with and for consultants, tips and tricks, and how to best utilize your legal team to get your project off the ground.

Stay tuned for Part 3: Implementation, and visit www.lozanosmith.com/podcast to access upcoming episodes upon immediate release.

Show Notes & References

• 1:55 – Building your team of construction professionals
• 3:07 – FAQ – Construction Professional Selection
• 5:42 – Planning for consultants on the team
• 6:41 – When to involve a CEQA consultant
• 8:11 – Starting your project (mapping, calendars, etc.)
• 10:29 – Interplay with Facilities Master Plan work
• 11:49 – Tips and tricks for procuring consultants
• 14:21 – The value of site visits
• 16:20 – Interacting with your legal team

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In this episode, we re-air Podcast 52 from March 2022, in which host Sloan Simmons joins partners and Lozano Smith Labor and Employment Co-Practice Group Leaders Michelle Cannon and Gabriela Flowers to discuss several important school district labor and employment deadlines that all fall on March 15. This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  The presenters also address changes to the classified layoff process that became effective in 2022. Sloan also discusses with Gabby some important updates and developments on these issues as of March 2025.

Show Notes & References

• 2:29 – Non-reelection of second year probationary certificated employees
• 3:32 – March 15th deadlines
• 4:51 – First year probationary employees
• 4:56 – Education Code section 44929.21
• 5:41 – Release and reassignment notices for administrators (Ed. Code section 44951)
• 8:43 – Certificated layoff process
• 10:12 – Ed. code sections 44955 and 44949
• 10:37 – Bumping rights
• 11:23 – Chronology of layoffs
• 15:55 – Classified layoff process
• 18:16 – Bumping language and collective bargaining agreements (CBAs)
• 19:16 – Definition of permanency for classified employee layoffs
• 20:02 – AB 438 impacts
• 23:14 – CBAs and classified layoffs
• 26:20 – *UPDATES* as of March 2025

 

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