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Designed for new administrators and/or those new to the bargaining table, co-host Joshua Whiteside is joined by Lozano Smith attorneys Daniel McElhinney and Kara Walton to discuss the basics of bargaining.  Topics include figuring out who should be on the bargaining team, how to identify a lead negotiator, what type of contract negotiations can occur, and strategies to foster good processes and outcomes.

Show Notes & References

• 2:35 – Preparing for negotiations
• 3:38 – Educational Employment Relations Act (EERA or Rodda Act)
• 5:34 – New administrators joining the bargaining team
• 8:02 – Superintendents in negotiations
• 8:47 – Board members in negotiations
• 10:41 – Identifying your lead negotiator
• 11:43 – Open vs. closed contract negotiations; successor and reopener negotiations
• 15:03 – Negotiations outside of the contract
• 16:37 – Representing interests on both sides of the table
• 19:13 – Strategies to foster good will
• 21:36 – Labor management team meetings
• 22:05 – The role of legal counsel
• 23:39 – 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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Join Lozano Smith Podcast host Sloan Simmons for a discussion with Partner attorneys Daniel Maruccia and Harold Freiman regarding Citizen Bond Oversight Committees. This podcast provides an insightful primer into such committees, including their purpose, applicable requirements, and commonly asked questions and issues.

Show Notes & References

• 1:47 – Overview of CBOCs (Citizen Bond Oversight Committees) and why they exist
• 4:21 – Required minimum number of committee members
• 5:59 – CBOCs and similarities to Brown Act committees
• 7:59 – Prop 39 (2000) and passing bonds with 55% approval
• 8:34 – Impact of Prop 39 on bond measure passage
• 9:09 – Roles and responsibilities of CBOCs
• 9:43 – Mission creep
• 17:09 – Administrative and technical support for CBOCs
• 19:23 – Contra Costa County Grand Jury Report and CBOCs going beyond their roles
• 21:57 – Common issues and questions
• 26:41 – Filling committee seats and member eligibility rules
• 32:40 – Simultaneous bond measures
• 36:30 – Bond program lengths and what happens to CBOCs after bond funds are spent
• 39:33 – Closing thoughts

 

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 in this Lozano Smith podcast in which Partner Thomas Gauthier discusses annual organizational meetings for school districts.  This timely discussion provides insights into the structure and purpose to these meetings, which take place every December.

Show Notes & References

• 1:03 – Basic overview of organizational meetings
• 2:19 – Education Code sections 1009 and 35143
• 2:55 – Board Bylaw 9100 and electing board officers
• 3:42 – Vice President and Clerk roles
• 4:54 – The six requirements of Board Bylaw 9100
• 6:52 – Election and nomination process for officers
• 9:57 – Failed nomination scenario
• 11:23 – Risks of not following bylaws and policies
• 12:57 – Flexibly for holding elections outside of annual meeting (Education Code section 35160)
• 14:47 – Officer duties
• 15:10 – Board President duties (Board Bylaw 9121)
• 17:50 – Clerk/Vice President duties (Board Bylaw 9123)
• 19:01 – Signature authorizations (Board Bylaw 9122)
• 19:33 – Adopting schedule of regular meetings (Board Bylaw 9100 and the Brown Act)

 

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

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Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID.  In this episode they discuss inclusive environments, recent case law, and next steps for the future.  Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.

Show Notes & References

• 1:26 – What is inclusion?
• 2:38 – The history of inclusion and why it matters
• 2:54 – Individuals with Disabilities Education Act (IDEA)
• 7:07 – Inclusion levels in classrooms
• 8:40 – What an inclusive environment should look like
• 10:36 – Least Restrictive Environment (LRE)
• 11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
• 13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 – April 2023)
• 18:40 – Learning recovery and addressing disparities
• 21:45 – Referrals for inclusion programs
• 22:32 – Social Emotional Learning (SEL) curriculum
• 23:15 – Next steps for the future
• 25:14 – Multi-Tiered System of Supports (MTSS)
• 26:48 – Behavior, discipline, and support for students and teachers in the classroom
• 33:38 – Check-in’s and coming back
• 35:26 – 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 Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education attorneys Kendra Tovey and Amanda Cordova regarding independent study in the context of special education students in light of the now existing independent study legal framework post-pandemic.

Show Notes & References

• 1:06 – Special education students participation in Independent Study (IS) (Client News Brief 39 – August 2022)
• 2:16 – Transitioning back from distance learning
• 3:45 – Responding to IS requests
• 4:26 – Free Appropriate Public Education (FAPE)
• 6:13 – Least Restrictive Environment (LRE)
• 8:34 – Amending Individualized Educational Plans (IEPs) to provide a FAPE during IS
• 9:17 – Changing placement and other considerations
• 10:08 – E. E. et al. v. State of California et al. (N.D. Cal.) Case No. 21-cv-07585-SI (2022 WL 16752080)
• 13:47 – Providing services to students participating in IS
• 15:40 – (Nonpublic Agency) NPA
• 16:24 – District obligations to provide in-home supports and services
• 19:07 – Increase in requests for IS

 

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

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With the ever-growing demand for housing in California, many local governments are turning to Accessory Dwelling Units (“ADUs”). Host Joshua Whiteside joins Lozano Smith attorneys Jennifer Thompson and Kevin Serrano to examine the housing situation in California, benefits and challenges of ADUs to cities and local agencies, ADU requirements, and latest trends.

Show Notes & References

• 1:29 – The housing situation in California
• 2:22 – What is an ADU (Accessory Dwelling Unit)
• 3:04 – ADUs and parking
• 6:03 – Lot sizing
• 8:25 – ADU approvals
• 10:04 – Homeowner associations and ADUs
• 12:41 – Benefits to cities and local agencies
• 13:31 – Impact fees
• 15:58 – Zoning and requirements for ADUs
• 22:36 – JADU (Junior Accessory Dwelling Unit)
• 24:44 – Closing thoughts

 

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

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The Fair, Accurate, Inclusive and Respectful (“FAIR”) Act became law in 2012 and was enacted with the goal of California schools including a more historically accurate depiction of the contributions of LGBT Americans in the curriculum and to reduce the negative stereotypes and bullying that plague a majority of LGBT youth.  However, in light of national and local controversies regarding discussion of LGBT issues at public schools, some may be confused or unsure about how to be compliant with the FAIR Act and comprehensive sexual health education opt-out requests, and/or avoid parent complaints.  In this episode, Lozano Smith’s San Diego Managing Partner Trevin Sims and Senior Counsel Angelique Cramer will cover the basics of what the law requires and address the interplay between laws that pertain to LGBT issues at schools, as well as how to handle parent concerns regarding the curriculum.

Show Notes & References

• 2:00 – The FAIR (Fair, Accurate, Inclusive & Respectful) Act
• 2:33 – Legislative history of the FAIR Act
• 3:44 – Referenced groups in the FAIR Act
• 5:09 – Curriculum requirements
• 6:33 – Health/sex education and the California Healthy Youth Act
• 7:24 – Exemptions and opt outs
• 11:21 – Implementation and challenges for schools
• 14:31 – CDE FAQs and CDE discussion of interplay of both Acts
• 16:45 – Where disputes occur and how they are submitted
• 20:43 – Spontaneous classroom discussions and guidance for districts
• 25:04 – Takeaways

 

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

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Erin Hamor, Partner and Co-chair of Lozano Smith’s Charter School Practice Group, is back with an important update on the fate of charter school renewals in the state in light of new pending legislation, discussed in our most recent episode, Charter School Renewals – They’re Back!

 

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 Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith Partners and charter school experts Ed Sklar and Erin Hamor regarding the forthcoming return of the charter school renewal process under pre-Pandemic changes in the law resulting from AB 1505.

Show Notes & References

• 1:32 – Charter renewals and where we left off (listen to Episode 57 here)
• 2:19 – AB 1505 (2019) and The Charter Schools Act reform
• 5:32 – Removal of the Dashboard and impact on charter renewals
• 8:20 – Other factors impacting renewal
• 9:10 – Data used for renewals
• 12:36 – Examples of Verified Data
• 14:30 – Potential disputes over data
• 16:48 – Governance and fiscal issues
• 18:32 – “Cure and Correct” notices
• 19:01 – Selective enrollment issues
• 19:29 – The Charter Schools Act
• 22:16 – Notice of deficiencies
• 23:15 – Next steps for charter authorizers

 

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 Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education Partner Sarah Garcia and special education attorney Kaitlyn Tucker about the nuances and options when responding to student behavior, including imposition of student discipline and other options, in the special education context.

Show Notes & References

• 1:28 – Expedited due process hearings (34 C.F.R. § 300.532.)
• 1:46 – The Office of Administrative Hearings (OAH)
• 3:40 – Honig injunction procedure (Honig v. Doe (1988) 484 U.S. 305)
• 5:54 – Differences between expedited and normal due process hearings (34 C.F.R. § 300.507; 34 C.F.R. § 300.510; 34 C.F.R. § 300.532(c); OAH: Due Process; Letter to Snyder (OSEP 2015).)
• 8:00 – Manifestation Determination (MD) (34 C.F.R. § 300.530(e).)
• 12:38 – Correctly counting 10 days (partial vs. full days of suspension) (Questions & Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 2022))
• 15:29 – Patterns surrounding basis of knowledge
• 19:59 – Risks of proceeding with expulsion hearings
• 21:54 – District request for Interim Alternative Education Settings (IAES) (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a); 34 C.F.R. § 300.532(b)(2)(ii).)
• 24:38 – IAES process vs Honig injunction procedure
• 26:25 – Stay put during disciplinary challenges (34 C.F.R. § 300.518; 34 C.F.R. § 300.533; 20 U.S.C. § 1415(j).)
• 30:26 – Recent orders from OAH (OAH Case Nos. 2022080223/2022110728)
• 35:04 – Takeaways

 

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