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The United States Supreme Court’s June 2022 Opinion in Kennedy v. Bremerton School District marked a potential sea change for the considerations school districts must account for in relation to employee private religious expression in the school context, whether as a matter of constitutional free speech rights vs. regulation of employee speech, free exercise of religion, or the Establishment Clause.  With the benefit of several months and almost half a school year to consider the impacts and ramifications of Kennedy, host Sloan Simmons talks with Michelle Cannon and Kendra Tovey on their understanding of Kennedy’s immediate and anticipated potential impacts, as well as options and challenges for school districts looking ahead.

Show Notes & References

• 2:06 – Kennedy v. Bremerton School District case background (Client News Brief 31 – July 2022)
• 5:09 – Lemon v. Kurtzman (1971) 403 U.S. 602
• 8:05 – Facts focused on by Supreme Court in the majority opinion
• 10:42 – Garcetti v. Ceballos (2006) 547 U.S. 410
• 11:16 – Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954
• 13:30 – Three clauses of the First Amendment – U.S. Const., amend. I  

 

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

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As discussed in Episode 56, there were three pending charter school petition appeals to the State Board of Education (SBE) following denial by the respective LEAs. These were the first three charter petition appeals subject to the new appeal processes since Assembly Bill 1505 became effective in 2020.  In this Lozano Smith Podcast episode, host Sloan Simmons engages with Megan Macy and Courtney de Groof to follow up and discuss the outcomes of these petition appeals and what to anticipate going forward.

Show Notes & References

• 1:51 – AB 1505 and appeals to the State Board of Education (SBE)
• 3:39 – Standards of review
• 4:50 – Recent local educational agency (LEA) appeals
• 7:23 – Advisory Committee on Charter Schools (ACCS)
• 9:08 – Summary denial process
• 9:59 – Fiscal impact basis of denial (Education code section 47605 (c) (8))
• 11:41 – Fiscal Crisis & Management Assistance Team (FCMAT)
• 13:00 – Procedural issues related to public hearings
• 14:31 – Community interest standard of denial (Education code section 47605 (c) (7))
• 16:39 – Determining charter authorizers
• 19:01 – Appeals going forward

 

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

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Effective 2019, significant legal changes were enacted regarding charter schools in California.  The anticipated effects and implementation of those changes, however, were stunted by the COVID-19 outbreak.  In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Charter Practice Group Co-Leaders, Ed Sklar and Erin Hamor, to discuss the current state of affairs for charter schools and their authorizers, hot topics and trends in the charter school field, and what to anticipate going forward as California’s LEAs return to normal operation.

Show Notes & References

• 1:14 – A look back at 2019
• 1:26 – Assembly Bill (AB) 1505 (Client News Brief 49 – October 2019)
• 3:52 – Current state (Client News Brief 18 – August 2021)
• 4:34 – Status of proposed regulations post AB 1505
• 6:29 – Restart of charter renewal process
• 9:12 – Renewal petitions and issue fixing
• 10:29 – AB 1505 and the State Board of Education (SBE)
• 10:45 – Appeals to charter petition denials
• 11:57 – “Abuse of discretion” standard of review
• 12:18 – Takeaways from appeals
• 17:59 – Pending legislation

 

Lozano Smith’s COVID-19 Resources can be found here.

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 wake of COVID-19, many families have experienced or explored new ways for their children to receive education.  Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school.  This episode will also address recent case law in the past year which provides meaningful directives on this issue.

Show Notes & References

• 1:43 – Trends in placement requests
• 3:28 – Obtaining private placement
• 4:42 – 10-day unilateral placement notice
• 5:49 – Changes to plans and individual services plans (ISPs)
• 6:36 – Capistrano v. S.W. 80 IDELR 31 (9^th Cir. 2021)
• 11:02 – Homeschooling
• 12:48 – Independent study and students with disabilities
• 13:12 – E. E. v. California (N.D. Cal. Nov. 4, 2021) (N.D. Cal. Feb. 28, 2022) Slip Copy. 2022 WL 597035
• 14:38 – Independent study vs. home hospital
• 16:09 – Potential issues
• 18:30 – Best practices and takeaways

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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Managing school board meetings in the face of disruption created by parents, employees, and members of the public can be challenging.  This podcast will explore best practices to regulate this disruption and create rules and de-escalation techniques to ensure an orderly meeting.  To explore this timely topic, co-host Joshua Whiteside introduces a discussion on point between local governance experts and Lozano Smith partners, Roman Muñoz from the Sacramento office and Chelsea Olson Murphy from the San Luis Obispo office.

Show Notes & References

• 3:51 – Current landscape
• 6:42 – Problematic behaviors
• 8:52 – Proactive steps for districts
• 19:26 – Best practices for school board meetings
• 19:46 – Lozano Smith Resource: “Best Practices for Maintaining Decorum and Order at School Board Meetings”
• 24:00 – De-escalation techniques
• 25:46 – Progression of response
• 29:19 – End response options – clearing the room and adjourning
• 33:32 – Clearing the room (Government Code section 54957.9)
• 37:57 – Major takeaways

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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Hosts Sloan Simmons joins veteran municipal practitioner James Sanchez and Governance Practice Group Co-Chair Ryan Tung to discuss the election process and the California Voting Rights Act (CVRA), including the legal requirements and practical impacts of the CVRA, as well as best practices for California public entities following the transition from at-large to trustee area elections.

Show Notes & References

• 1:57 – California Voting Rights Act (CVRA), Elections Code sections 14025-14032 
• 2:10 – At-large method of election
• 3:34 – By-district or by-trustee area elections
• 4:39 – Demand letters and litigation
• 5:47 – Notice received and timelines
• 7:47 – Low probability of successful defense of at-large election challenges
• 10:15 – Pico Neighborhood Association et al. v. City of Santa Monica
• 11:08 – Court of appeal decision and California Supreme Court review
• 11:48 – Transition process from at-large elections
• 14:32 – Unique issues for public agencies
• 17:40 – Redistricting requirement
• 19:54 – Post-transition time

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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Hosts Joshua Whiteside and Sloan Simmons are back to discuss the latest litigation development related to a school district’s student COVID-19 vaccination mandate and the rapidly changing guidance and directives related to student and staff mask requirements, including CDPH’s recent announcement that face masks are no longer legally required indoors at K-12 schools after March 11, 2022.

Show Notes & References

• 0:26 – Episode 51 Student Vaccines and Student Masks – Latest Developments
• 1:14 – San Diego Unified School District federal court vaccine litigation; John Doe, et al., Applicants v. San Diego Unified School District, et al.
• 4:28 – Student mask mandate update
• 5:01 – February 25, 2022 Centers for Disease Control and Prevention (CDC) new guidance
• 7:48 – California Department of Public Health (CDPH) February 28, 2022 announcement
• 8:30 – February 28, 2022 Governor Executive Order N-5-22
• 8:59 – Emergency temporary standards (Cal. Code of Regulations Title 8, Section 3205)
• 9:56 – CDPH K-12 School Guidance (unchanged)
• 11:05 – Public transit and school buses
• 12:44 – CDPH Schools FAQ

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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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 fall on March 15.  This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  Additionally, this year, for the first time ever, classified layoffs are subject to the same deadline.

Show Notes & References

• 1:13 – Non-reelection of second year probationary certificated employees
• 2:10 – March 15th deadlines
• 3:28 – First year probationary employees
• 3:34 – Education Code section 44929.21
• 4:21 – Release and reassignment notices for administrators (Ed. Code section 44951)
• 7:20 – Certificated layoff process
• 8:49 – Ed. code sections 44955 and 44949
• 9:00 – Bumping rights
• 10:00 – Chronology of layoffs
• 14:35 – Classified layoff process
• 16:53 – Bumping language and collective bargaining agreements (CBAs)
• 17:53 – Definition of permanency for classified employee layoffs
• 18:40 – AB 438 impacts
• 21:48 – CBAs and classified layoffs

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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Host Joshua Whiteside joins Lozano Smith partner Sloan Simmons to discuss the present status of student COVID-19 vaccination and student masks requirements, including the status of State directives on point and the results of litigation in these areas.

Show Notes & References

• 0:48 – California Department of Public Health (CDPH) February 15, 2022 announcement and upcoming CDPH February 28, 2022 announcement
• 3:26 – Student vaccine mandate status
• 5:35 – SB 871 and personal exemptions
• 7:45 – Locally adopted vaccine mandates examples
• 8:36 – Los Angeles USD local mandate and legislation
• 9:20 – Education Code section 35160
• 11:37 – San Diego USD local mandate
• 15:05 – State court San Diego case and Let Them Choose litigation
• 19:00 – San Diego USD appeal and stay from Court of Appeal
• 22:01 – Mask mandate status
• 22:33 – State Public Health officer order (June 11, 2021)
• 23:28 – CDPH Guidance
• 24:02 – Health and Safety Code section 120175 and legal authority
• 24:37 – Superior Court case in San Diego and Let Them Breathe litigation

 

Lozano Smith’s COVID-19 Resources can be found here.

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

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Host Sloan Simmons joins Lozano Smith partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction.

Show Notes & References

• 1:24 – Modular buildings
• 2:05 – Modular component buildings vs. modular portables
• 4:55 – Issue of permanent vs. temporary
• 6:10 – Modular component building examples
• 7:15 – Popularity and cost-efficiency
• 8:16 – Building plans (standard or unique designs)
• 9:10 – Competitive bidding and modular buildings
• 10:33 – Delivery methods (competitive bidding, lease-leaseback, design-build)
• 13:30 – Architect involvement
• 14:31 – Lease-leaseback method
• 15:16 – Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261
• 18:16 – Lease-leaseback scoring and rating system
• 19:29 – Design-build vs. lease-leaseback
• 21:03 – Piggybacking
• 22:10 – Division of the State Architect (DSA)
• 22:13 – Office of Public School Construction (OPSC)
• 22:54 – Public Construction Code section 20118
• 24:52 – Vendor involvement in piggybacking
• 26:30 – Modulars and personal property
• 26:43 – Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006)
• 28:50 – Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004
• 30:55 – OPSC e-mail to school districts and county offices of education (July 2021)
• 31:55 – Coalition for Adequate School Housing (CASH)
• 33:48 – Permanent vs. temporary foundations for modular portables
• 40:25 – Critical takeaways

 

Lozano Smith’s COVID-19 Resources can be found here.

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