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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.

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While on location at the California School Boards Association’s (CSBA) 2019 Annual Education Conference, host Sloan Simmons talks with CSBA General Counsel, Kathryn Meola, and one of Lozano Smith’s founding partners, Mike Smith, about critical legal issues impacting educational and other public agencies heading in 2020 and beyond.

Show Notes & References

• 2:45  W. v. Tehachapi Unified School Dist., Ninth Circuit Case No. 19-15680, appeal from 2019 WL 1092574 (E.D. Cal. Mar. 8, 2019)
• 2:53  Education Legal Alliance (ELA)
• 3:58  R. ex rel. E.N. v. LAUSD (9th Cir. 2015) 805 F.3d 1164
• 7:13  California Voting Rights Act (CVRA), Elections Code sections 14025-14032 (2001)
• 11:25  Serrano v. Priest (177) 20 Cal.3d 25
• 15:14  Gordon v. LAUSD, Ninth Circuit Case No. 19-55806, appeal from 2019 WL 2511936 (C.D. Cal. June 17, 2019)
• 18:42  Ross v. County of Riverside (2019) 36 Cal. App. 5th 25
• 23:03  Assembly Bill (AB) 1353 (limit on probationary service for classified employees)
• 26:56  L. v. Clovis Unified School Dist., Ninth Circuit Case No. 18-16669, on appeal from 2018 WL 3738963 (E.D. Cal. Aug. 3, 2018)
• 29:10  Payne v. Peninsula School Dist. (9th Cir. 2011) 653 F.3d 863
• 29:26  Fry v. Napoleon Community Schools (2017) 580 U.S. ___, 137 S.Ct. 743
• 31:18  Paul G. by and through Steve G. v. Monterey Peninsula Unified School Dist. (9th Cir. 2019)
• 33:43  CSBA Online Learning Center
• 35:30  AB 218 (childhood sexual abuse and assault, limitations periods)
• 41:20  Vergara v. State of California, 246 Cal.App.4th 619
• 41:50  Atwater Elementary School Dist. v. California Dept. of General Services (2007) 41 Cal.4th 227

 

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 partners Michelle Cannon and Gabriela Flowers, co-chairs of the firm’s Labor and Employment Practice Group, about important new labor and employment laws passed in 2019 and how they will impact public agency employers in the new year.  Topics covered include employment classifications, probationary periods for classified public school employees, new lactation accommodation requirements, settlement agreements with employees, and expansion of anti-discrimination laws, among others.  This a must listen as we head into the new year, as most of these new laws become effective January 1, 2020, and may require changes to agency policies.

Show Notes & References

• 2:18  Assembly Bill (AB) 1353 (Limit on probationary service for classified employees)
• 4:31  AB 9 (Employment discrimination claim timelines)
• 4:59  California Fair Employment and Housing Act (FEHA)
• 5:57  Equal Employment Opportunity Commission (EEOC)
• 6:17  Department of Fair Employment and Housing (DFEH)
• 8:01  Senate Bill (SB) 328 (School start times) (Client News Brief 66: November 2019)
• 10:24  SB 188 (Hairstyles)
• 13:07  SB 778 (New sexual harassment training requirements)
• 13:22  SB 1343 (2018)
• 15:52  SB 142 (Lactation accommodations)
• 17:03  AB 749 (Settlement agreement no-rehire language)
• 22:52  AB 1223 (Organ donation)
• 25:33  SB 83 (Family leave policies)
• 27:18  California State Disability Insurance (CA-SDI)
• 28:26  AB 5 (Dynamex decision re employee classifications)
• 30:24  Borello test

 

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 partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, talk about the basics that every newly elected member of a local agency governing body should know when assuming office.  This podcast isn’t just for newly electeds – it’s full of information for public officials, local agency staff, and members of the voting public too.

Show Notes & References

• 8:00  The Brown Act
• 15:20  The Public Records Act
• 16:25  City of San Jose v. Superior Court (2017) 2 Cal.5th 608
• 18:42  The Political Reform Act (Government Code section 87100 et seq.)
  
• 19:19  Statement of Economic Interests (Form 700)
• 19:24  Podcast: Episode 16: It’s Time to Fill Out Your Form 700!
• 20:48  Government Code section 1090
• 24:09  Video: Staying Under the Umbrella: Board Members’ Obligations and Immunities 
• 30:05  Ethics training (AB 1234)
• 30:08  Sexual Harassment training
• 30:32  Lozano Smith Client Services (ClientServices@lozanosmith.com)

 

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