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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.

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Host Joshua Whiteside joins Lozano Smith attorney Ruth Mendyk to discuss updates and new obligations facing educational agencies now and during the second half of the 2021-22 school year. This discussion includes a review of important legislation from the Fall 2021 legislative session.

Show Notes & References

• 2:30 – Education Code 48205 – Excused absences
• 2:50 – Senate Bill (SB) 14 (urgency) – Excused absences for mental or behavioral health
• 6:46 – Assembly Bill (AB) 516 – Excused absences for cultural ceremonies and events
• 9:13 – SB 254 – September 11^th remembrance exercises and observations
• 11:24 – AB 27 (urgency) – Website posting requirement for liaison and related homeless information
• 12:11 – SB 400 – Housing questionnaire and rights/resources for homeless students
• 14:26 – AB 132 – Ensure student completion of FAFSA form (Free Application for Federal Student Aid), alternate form, or opt-out
• 17:25 – AB 104 – Grade change requests, student retention, and exemptions from graduation requirements
• 20:54 – AB 101 – Ethnic studies

 

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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Following COVID-19 school closures during the 2019-2020 school year, many school districts are faced with making determinations regarding potential compensatory education for their special education student populations.  Host Sloan Simmons discusses the concept of compensatory education and school closures with Lozano Smith special education experts Marcy Gutierrez and Collen Villarreal, including important factors for districts to consider on this subject and the latest OAH rulings on point.

Show Notes & References

• 2:29 – FAPE obligation and distance learning
• 3:11 – Bd. of Ed. v. Rowley (1982) 458 U.S. 176; Endrew F. ex rel. Joseph F. v. Douglas County Sch. Dist. RE-1 (2017) 580 U.S. ___, 137 S.Ct. 988
• 3:51 – Cal. Exec. Order N-26-20 (March 13, 2020)
• 8:35 – Compensatory education overview
• 10:17 – Equitable factors
• 15:50 – Anaheim Elementary School District v. Student (2020), OAH Case No. 2020090678
• 19:20 – Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak (March 12, 2020)

 

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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For the first time since 2007, the United States Supreme Court has weighed-in on student free speech rights under the First Amendment. In Mahanoy Area School District v. B.L., the high court addressed for the first time the parameters and limits for schools’ regulation of student off-campus speech. In this episode, Lozano Smith student speech experts Mike Smith and Sloan Simmons break down the Supreme Court’s decision and its implications for California school districts.

Show Notes & References

• 1:58 – Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503
• 4:00 – Bethel School District v. Fraser (1986) 478 U.S. 675
• 5:58 – Hazelwood School District et al. v. Kuhlmeier et al. (1988) 484 U.S. 260
• 8:05 – Statutory framework in Education Code (Ed. Code §§ 48907, 48950)  
  
• 9:34 – Morse v. Frederick (2007) 551 U.S. 393
• 11:58 – Mahanoy Area School District v. B.L. (June 23, 2021) 594 U.S. ___
• 19:56 – School district limitations on regulating off-campus speech
• 24:35 – Types of behavior subject to regulation under B.L.
• 33:02 – Impact of B.L. in California
• 39:27 – Vernonia School District 47J v. Acton (1995) 515 U.S. 646
• 40:43 – T.V. v. Smith-Green Community School Corporation (N.D. Ind. 2011) 807 F.Supp.2d 767
  
• 43:31 – J.C. ex rel. R.C. v. Beverly Hills Unified School District (C.D. Cal. 2010) 711 F.Supp.2d 1094 (Client News Brief 53 – December 2009)
  
• 46:25 – Wynar v. Douglas County School Dist. (9th Cir. 2013) 728 F.3d 1062 (Client News Brief 59 – September 2013)
• 48:48 – C.R. v. Eugene School District 4J (9th Cir., Sept. 1, 2016) 835 F.3d 1142 (Client News Brief 65 – September 2016)
• 51:34 – Shen v. Albany Unified School District (9th Cir. 2016) 835 F.3d 1142 (Client News Brief 87 – December 2017)
  
• 55:36 – McNeil v. Sherwood School District 88J (9th Cir. 2019) 918 F.3d 700 (Client News Brief 30 – June 2019)

 

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.