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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.

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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.