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With the easing of COVID-19 restrictions and California’s “reopening,” host Sloan Simmons has a timely discussion with Lozano Smith Governance Co-Practice Group Leader, Anne Collins and Lozano Smith Technology and Innovation Practice Group Leader Travis Cochran regarding the state of the law and future of public meetings under the Brown Act in light of pending legislation that would continue flexibility for remote participation by local officials and the public.

Show Notes & References

• 3:19 – The Brown Act & board member telephonic/virtual participation (Government Code section 54953(b))
• 6:06 – California Executive Order 3-17-20 (March 2020)
• 10:16 – California Executive Order N-08-21 (June 2021)
• 11:32 – Masks at public meetings
• 15:25 – Meeting posting requirements
• 16:16 – Pending Assembly Bill (AB) 361
• 18:24 – Pending AB 339
• 25:11 – Public comment and participation during virtual board meetings
• 35:05 – Virtual technology issues
• 38:55 – Hybrid board meetings and flexible participation
• 45:46 – Update: California Department of Public Health Face Coverings Q&A Guidance (June 15, 2021)

 

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 facilitates a timely and interesting discussion with Lozano Smith Charter School Practice Group Leaders, Ed Sklar and Erin Hamor, regarding the status of charter school reform legislation and the impacts of COVID-19 on the same.

Show Notes & References

• 2:10 – Review of charter reform legislation over the last two years
• 2:31 – Assembly Bill (AB) 1505
• 3:26 – State dashboard
• 7:20 – AB 1316 and pending Education Budget Trailer Bill
• 7:36 – People v. McManus; San Diego Super. Ct. Case No. SCD266439
• 9:17 – Anticipated 3-year renewed moratorium on non-classroom based (NCB) charter schools
• 9:38 – Anticipated 2-year hiatus for charter renewals
• 11:57 – COVID-19 pandemic & NCB charter school accountability
• 13:43 – SB 98 influence on NCB charter school funding (Client News Brief 60 – July 2020)
• 15:49 – State review of NCB charter schools’ success during pandemic
• 18:04 – Pending Education Budget Trailer Bill and NCB charter school moratorium
• 19:30 – Charter school accountability components
• 25:10 – Pending Education Budget Trailer Bill and anticipated timelines on renewal moratorium
• 28:40 – Charter school location accountability
• 28:48 – AB 1507
• 33:40 – Lack of state regulation and implementation issues
• 34:44 – Charter school recruitment issues
• 36:24 – Consequences for ignoring recruitment obligations

 

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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Lozano Smith attorneys Constantine Baranoff and Daniel Maruccia join host Sloan Simmons in an informative and detailed discussion of how Enhanced Infrastructure Financing Districts have evolved in California with attorneys who focus on public finance and who have formed EIFDs throughout the state. They also discuss available financing structures and explore projects (including freeway overlay and flood control) which EIFDs may be used to finance.

Show Notes & References

• 5:01 – 2012 Redevelopment Agencies (RDA) dissolved
• 6:58 – EIFD (Enhanced Infrastructure Financing District)
• 13:35 – Formation of Public Finance Authority (PFA)
• 15:13 – EIFD hearings and timelines
• 19:03 – EIFD financing structures and combining the EIFD with other financing tools such as Mello-Roos
• 28:25 – EIFDs vs. RDAs
• 29:10 – Creative application of the EIFD tools in California; overview of types of projects being contemplated using EIFDs including flood control and freeway overlays
• 36:31 – Upcoming important election dates for voter approved debt

 

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 attorneys Ruth Mendyk and Joshua Whiteside to discuss updates to district policies and practices during the 2020-21 school year, pending legislation on student retention and grading issues for 2021-22 and proposed curriculum and kindergarten / preschool related issues for future years.

Show Notes & References

• 2:30 – Assembly Bill (AB) 1127 – Expanded transfer rights to victims of bullying (Client News Brief 74)
• 4:34 – Education Code 48900(r) – Student discipline for bullying
• 6:35 – Heightened transportation obligation within AB 1127
• 7:55 – Changes to conditions for student UCP (Uniform Complaint Procedures) complaints (Client News Brief 77)
• 10:35 – Face masks
• 11:20 – California Department of Public Health (CDPH) guidelines (Client News Brief 3)
• 12:30 – Vaccinations
• 16:47 – June 15th reopening
• 17:46 – Masks and buses (Executive Order 13998)
• 19:26 – AB 104 – Student retention
• 26:29 – AB 104 timelines
• 28:10 – Pass/no pass grades (Education Code 49066.5)
• 31:10 – Senate Bill (SB) 545 – Student retention
• 36:56 – AB 101 – Ethnic studies curriculum
• 38:24 – California State Board of Education (CSBE) adopted curriculum
• 38:54 – Critical race theory & teaching about race
• 42:54 – AB 22 – Expanded transitional kindergarten
• 43:26 – SB 50 – California state preschool program
• 44:05 – Virtual instruction & independent study

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 talks with Lozano Smith attorneys Ruth Mendyk and Chelsea Olson Murphy about the latest developments on COVID-19 and student athletics, with a focus on the most recent guidance from the California Interscholastic Federation (CIF), as well as other state public health directives and guidance heading into the 2020-2021 school year.

Updates

UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-19/12.1.20_release

Since recording this podcast, the California Department of Public Health updated its publication for Schools and School Based Programs to add COVID-19 guidance on Sports and Extra Curricular Activities.  A copy of this August 3, 2020 CDPH COVID-19 Guidance: Schools and School Based Programs is accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf.  Additionally, CIF has established a COVID-19 Resources page accessible here: https://www.cifstate.org/covid-19/index.

Show Notes & References

• 1:56 – California Interscholastic Federation (CIF) Guidance (July 20, 2020)
• 5:24 – 2020-21 Seasons of Sports and Calendar Dates
• 7:17 – Participation and Competition With Outside Teams
• 9:56 – Thirty day waiver for physical examinations for CIF participation in fall sports (Client News Brief 53: July 2020)
• 11:18 – Waivers and Notices
• 13:42 – K-8 and unified school district sports programs
• 15:26 – Coaches and employment issues
• 18:53 – Summer athletic activities

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 talks with Lozano Smith Special Education attorneys Alyssa Bivins and Marcy Gutierrez about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year.

Show Notes & References

• 1:40 – California Department of Public Health Guidance (July 17, 2020)
• 2:13 – Senate Bill (SB) 98
• 2:25 – Emergency Plans and IEPs
• 10:00 – Impact of extended school closures
• 11:34 – Instructional Minutes
• 13:29 – Masks
• 15:18 – In-Person vs. Distance Learning
• 17:45 – Compensatory Education

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 talks with Lozano Smith attorneys Desiree Serrano and Aimee Perry about the latest developments on COVID-19 and students, with a focus on Senate Bill 98 and the most recent state agency directives and guidance heading into the 2020-2021 school year.

Show Notes & References

• 2:18 – Requirements for in-person instruction
• 2:40 – Senate Bill (SB) 98
• 5:12 – Daily live interaction
• 7:16 – Distance learning
• 8:54 – California Department of Education’s Distance Learning FAQs
• 11:13 – July 17, 2020 CDPH COVID-19 Industry Guidance: Schools and School Based Programs, CDPH COVID-19 and Reopening In-Person Learning Framework for K-12 Schools in California, 2020-2021 School Year
• 14:18 – Guidance on back-and-forth openings/closings
• 15:33 – Individual school closures
• 16:59 – School district closures
• 17:21 – Recommendations to avoid closures
• 18:59 – Exemptions for face coverings in school settings
• 20:24 – Daily instructional minute requirements
• 21:54 – School attendance

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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While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention.  This timely discussion highlights recent legislative changes in the area of suicide prevention, and includes ideas on resources and best practices to consider when addressing the topic of suicide prevention in California school districts.  Bonus material recorded during school campus closures provides additional resources for helping students during the present crisis.

Show Notes & References

• 3:35 – Student v. Golden Plains USD (OAH 2019) OAH Case No. 2019040042
• 10:10 – School avoidance podcast episodes (Part 1 & Part 2)
• 14:22 – Completing a risk assessment
• 17:31 – Student Records
• 18:40 – Importance of risk assessments
• 21:04 – Impacts of 13 Reasons Why and Social Media
• 22:34 – Frequency of training
• 24:03 – AB 1767
• 24:36 – AB 34
• 24:52 – CDE & CSBA suicide prevention toolkits
• 26:07 – Support to a district and community if a suicide occurs
• 30:03 – Addressing suicide prevention and mental health issues during distance-learning times

 

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 talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP).  Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.

Show Notes & References

• 1:20 – What is the UCP?
• 6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3
• 7:03 – Types of complaints subject to the UCP
• 8:59 – Types of complaints that are not subject to the UCP
• 9:55 – Do UCP complaints need to be in writing?
• 12:04 – Requirements of the UCP
• 21:28 – Findings and Decision Letter
• 35:23 – CDE appeals process
• 43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy)
• 44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy)
• 48:45 – Education Code 234.1

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In this episode, Jenell Van Bindsbergen and William P. Curley III, co-chairs of the firm’s Municipal Practice Group, talk about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019.  The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.

Show Notes & References

• 1:34  Episode 14: Police in Schools – The Role of a School Resource Officer
• 1:49  No Easy Answers – Cities, School Districts, and the Statewide Affordable Housing Crisis
• 4:35  Assembly Bill (AB) 101
• 23:19  Senate Bill (SB) 330 – Housing Crisis Act of 2019
• 24:15  Ministerial Approval
• 32:55  Interim Zoning (Government Code section 65858)
• 35:37  Accessory Dwelling Units (ADUs)
• 43:29  AB 881 and AB 68
• 44:38  AB 101 and SB 330: The Juggernauts of the 2019 Housing Laws (Client News Brief 76: December 2019)

 

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