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In this episode of our podcast, host Sloan Simmons engages with Lozano Smith special education experts Aly Bivins and Josh Walden.  They discuss the recent trends and guidance in the arena of goal writing for special education students.  Aly and Josh provide insights on recent OAH decisions on point, and lessons learned from those due process outcomes.

Show Notes & References

• 1:17 – Lozano Smith Podcast Episode 66 – Addressing Inclusion Confusion Following COVID (Listen here)
• 2:06 – The importance of annual goals (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) (Client News Brief 15 – April 2023)
• 3:06 – Impact on Rachel H. decision (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405)
• 3:52 – Recent Office of Administrative Hearings (OAH) decisions regarding goals
• 5:03 – OAH on clarity in goal writing
• 5:22 – South Sutter Charter School case (Student v. South Sutter Charter School (OAH 2024) Case Nos. 2023100030/2023100175)
• 8:47 – Meeting the “stranger test”
• 9:52 – Goals and relationship to instruction and services
• 10:24 – LAUSD case (Student v. Los Angeles Unified School District (OAH 2024) Case No. 2023100526)
• 11:38 – Separate goals in relation to specific areas of need
• 12:18 – S.W. v. Capistrano case standard (Capistrano Unified School District v. S.W. (9th Cir. 2021) 21 F.4th 1125; Student v. Capistrano Unified School District (OAH 2023) Case No. 2023050289)
• 13:40 – Including underlying conditions in goals
• 15:44 – Baselines and Ukiah case (Student v. Ukiah Unified School District (OAH 2024) Case Nos. 2024010195/2023100750)
• 19:11 – 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 this episode, host Sloan Simmons engages with Lozano Smith charter school experts Courtney de Groof and Eric Barba.  The group discusses the recent Oklahoma Supreme Court decision to block the nation’s first proposed religious charter school and implications of this development here in California and more broadly.

Show Notes & References

• 1:55 – Drummond vs. Oklahoma Statewide Virtual Charter School Board (Client News Brief 31 – August 2023)
• 7:23 – Issues presented in Oklahoma Decision
• 8:42 – Oklahoma State Charter Schools Act
• 9:45 – Federal constitutional questions that were addressed
• 12:22 – Federal cases (Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) 582 U.S. 449; Espinoza v. Montana Department of Revenue, et al (2020) 591 US 464)
• 19:11 – 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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Join host Sloan Simmons as he discusses new legislative enactments and trending student issues impacting the 2024-2025 school year with Lozano Smith experts Kyle Raney and Kendra Tovey.  This episode covers a range of hot topic issues, from a new round of changes to Independent Study to AB 1955.

Show Notes & References

• 1:17 – School recess (Senate Bill (SB) 291) (Client News Brief 45 – December 2023)
• 3:59 – Repeal of withholding recess as a disciplinary measure
• 6:01 – Defiance and disruption, and the Keep Kids in School Bill (SB 274) (Client News Brief 37 – November 2023) 
• 9:39 – Changes to Independent Study (IS) (SB 153) (Client News Brief 38 – August 2024)
• 10:29 – “Short term” versus “Long term” IS
• 11:15 – Impacts on ADA (average daily attendance) apportionment
• 12:47 – Asynchronous instruction/participation
• 13:47 – The intersection of emergency closures and IS (Education Code sections 46393 and 51747)
• 18:45 – Gender identity rights for students and the SAFETY Act (Assembly Bill (AB) 1955)
• 20:06 – AB 1266 (2014)
• 20:45 – California Department of Education (CDE) Legal Guidance and FAQs on AB 1266
• 22:50 – AB 1955 and protections for LEA employees and contractors
• 24:55 – Updates to annual notices:
  • 25:17 – Discrimination complaints related to textbooks, materials and curriculum
  • 26:20 – Non-compliance with the Local Control Accountability Plan (LCAP) requirements
  • 27:13 – California College Guidance Initiative Data Sharing
• 27:44 – Cell phones on campus
• 30:24 – Mandated policies limiting smart phone use (AB 3216)

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 podcast, host Sloan Simmons engages with Lozano Smith Title IX Practice Group Leaders Monica Batanero and Sarah Fama in a step-by-step discussion regarding the new Title IX regulations, as well as helpful context regarding various legal challenges pending around the country to the new regulations.

Show Notes & References

• 1:48 – Overview of Title IX
• 3:48 – New Title IX Regulations
• 6:14 – California regulations under the Education code
• 8:19 – Flexibility within new regulations
• 10:28 – Sex-based harassment structure for students at higher education institutions (34 CFR 106.46)
• 12:06 – August 1, 2024 implementation deadline and policy updates
• 18:22 – Lawsuits around the country and impacts on California schools
• 19:05 – State of Kansas v. U.S. Department of Education, No. 23-CV-3205-JWL, 2024 WL [specific page numbers to be determined], (D. Kan. July 2, 2024)
• 21:58 – Overruling of the Chevron Doctrine and its impact
• 22:53 – Loper Bright Enterprises v. Raimondo, 603 U.S. ___ (2024); 144 S.Ct. 2244
• 23:05 – Bostock v. Clayton County, 590 U.S. 644 (2020)
• 26:09 – Resources and training opportunities
• 26:45 – Lozano Smith Illuminate
• 28:00 – Lozano Smith Title IX Toolkit – Email clientservices@lozanosmith.com for more information

 

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 engages with Lozano Smith attorneys Carolyn Gemma and Jaspreet Lochab-Dogra regarding the application and interactions between the various compliant procedures utilized by California’s K-12 school districts.

Show Notes & References

• 1:45 – Common complaint procedures
  • 1:51 – BP/AP 1312.1 (Complaints Concerning District Employees)
  • 1:56 – BP/AP 1312.3 (Uniform Complaint Procedures (UCP))
  • 2:01 – BP/AP 4030 (Non-Discrimination in Employment)
  • 2:05 – Title IX and Williams complaint procedures
• 2:38 – UCP process
• 3:33 – What is covered under the UCP
• 4:39 – Removal of special education from the UCP
• 6:05 – Complaint procedures for employees with protected characteristics (BP/AR 4030)
• 6:32 – Complaint procedures for employees not related to protected characteristics (BP/AR 1312.1)
• 7:34 – Interaction of UCP and Title IX complaint processes
• 7:59 – New Title IX Regulations (OCR) – August 1, 2024
• 9:27 – Appeals under new Title IX Regulations
• 11:24 – Complaints regarding instructional materials or facilities (Williams complaint procedures)
• 11:37 – Complaints regarding library materials (AB 1078)
• 13:47 – UCP vs. Williams complaint process
• 15:29 – Commonalities between complaint processes

 

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

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In episode four of our series on Artificial Intelligence for Public Agencies and School Districts, we explore the intersection of student issues and AI.  Join Lozano Smith attorneys Karen M. Rezendes, Ruth E. Mendyk, and Joshua Whiteside in their discussion of the use of AI and its effect on K-12 students, existing rules and regulations, issues of deepfakes and plagiarism, and big picture considerations for school administrators.

Show Notes & References

• 1:57 – Law, rules, and regulations
• 3:54 – Other considerations for students and the use of AI
• 5:55 – Importance of human connection between educators and students
• 7:55 – Risks and misuse of AI by students and staff
• 9:55 – Creation of “deepfakes”
• 12:29 – Discipline for cyberbullying (Education Code section 48900(r))
• 13:50 – Existing and emerging AI editing tools
• 15:16 – Academic integrity and plagiarism
• 17:56 – AI’s influence on teacher instruction
• 19:11 – Student research and Codes of Conduct
• 22:30 – Positive and negative impacts of AI on learning
• 25:58 – Risk of misinformation
• 26:46 – Lack of checks and balances
• 28:14 – Sources of information – potential for bad actors and flawed information
• 31:02 – Educating students on digital literacy
• 32:02 – Advice for school administrators

 

Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.

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

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In episode three of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is impacting the facilities and operations side of school districts. Join Lozano Smith attorneys Karen M. Rezendes, Robert A. Lomeli, and Junaid Halani as they discuss how AI technologies are being integrated into the day-to-day processes of school districts’ facilities departments and business operations. We also discuss real-world applications and potential pitfalls involving AI as AI has an ever-increasing presence and utility in allowing resource strapped public agencies to function efficiently.

Show Notes & References

• 2:05 – Managing school Facilities and Business (FAB) operations
• 4:13 – Regulations on use of Artificial Intelligence (AI) in FAB
• 8:28 – Major concerns with intersection of AI and FAB
• 11:02 – Overreliance and legal noncompliance
• 15:12 – Ethical considerations and risks
• 23:32 – Example experiences for public agencies and school districts
• 30:35 – Outlook on the future

 

Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.

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

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In episode two of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is revolutionizing the field of special education. Join Lozano Smith attorneys Karen M. Rezendes, Sarah L. Garcia, and Karina Demirchyan as they discuss how AI technologies are enabling a more inclusive learning environment and creating more equitable educational opportunities for students with diverse needs. We also discuss real-world applications and success stories involving AI, ethical considerations, and our future outlook regarding AI tools in special education.

Show Notes & References

• 2:12 – AI in the context of special education
• 3:38 – Individualized support and AI
• 4:35 – Legal regulations for AI
• 5:38 – Data privacy concerns
• 7:35 – Bias issues
• 8:52 – Ethical considerations and challenges
• 10:33 – AI success stories
• 17:37 – The role of AI at IEPs and other meetings with parent involvement
• 19:37 – Currently available AI supports
• 22:03 – The future of AI and special education

 

Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.

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

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Dive into the evolving world of Artificial Intelligence (AI) with the first episode in our new series, designed to cut through the hype and uncover the real impact of AI on public agencies. Lozano Smith’s Managing Partner, Karen M. Rezendes, along with Lozano Smith attorneys Robert A. Lomeli, Karina Demirchyan, and Nicholas J. Clair, offer a foundational exploration of AI technologies like ChatGPT, Microsoft Copilot, and Google Gemini. This episode provides an accessible overview on how public employees are leveraging AI, the importance of keeping humans in the loop, and practical examples of AI in school environments and beyond. The team also addresses crucial concerns such as bias, accuracy, and the legal landscape surrounding AI, including copyright issues and cybersecurity risks. As we embark on this series, join us for essential insights and recommendations to navigate AI’s promising yet challenging terrain in public agency operations.

Show Notes & References

• 2:39 – What is generative Artificial Intelligence (AI)?
• 3:48 – Common AI platforms (ChatGPT, Anthropic Claude, Copilot, Bard/Gemini)
• 5:29 – How to access AI
• 9:44 – Observations on public employees using AI
• 14:31 – Keeping humans in the loop
• 16:17 – Examples of AI in a school environment
• 18:22 – Other opportunities for AI use by public agencies
• 21:18 – AI data privacy issues
• 23:46 – Bias in AI
• 24:49 – Accuracy issues and hallucinations
• 28:07 – Risks of not understanding AI
• 31:25 – Deepfakes and cybersecurity risks
• 36:18 – Existing and forthcoming laws and regulations (https://www.lozanosmith.com/ai.php)
• 39:03 – Copyright issues and The New York Times Company v. Microsoft Corporation, OpenAI Inc., S.D.N.Y, No. 1:23-cv-11195
• 39:42 – Liability risks
• 41:22 – Developing policies and parameters
• 43:11 – General recommendations

 

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

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California’s vibrant food cultures and many days of sunshine means you have probably seen an individual selling food and goods from a sidewalk or street cart.  However, this entrepreneurship led to many debates about whether certain neighborhoods should be off-limits to street (or sidewalk) vendors, how many to allow, and whether brick-and-mortar businesses needed to give permission for these carts to operate nearby.  Thanks to new laws enacted in the past five years, local governments now have some answers on how they can and can’t limit these activities.  Lozano Smith attorneys Matthew M. Lear and Jack Jackson II join co-host Josh Whiteside as they cover the new laws and consider practical ways for local municipalities to interact with these vibrant vendors.

Show Notes & References

• 1:13 – What is a street (sidewalk) vendor?
• 2:47 – Senate Bill (SB) 946 and the Safe Sidewalk Vending Act
• 4:01 – Restrictions on regulating vendors
• 4:37 – City of Los Angeles lawsuit (Community Power Collective, et al. v. City of Los Angeles (22STCP04289))
• 5:34 – Health and safety inspections
• 7:01 – Penalties for unpermitted vendors
• 12:50 – Where to submit complaints
• 14:32 – California Retail Food Code (Health & Safety Code § 113700, et seq.)
• 15:21 – Compact mobile food operations (SB 972)

 

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