#INSIGHT - The Lozano Smith Podcast

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? 10:00 –...

Host Devon Lincoln talks with William P. Curley III and Jenell Van Bindsbergen, co-chairs of the firm’s Municipal Practice Group, 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...

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...

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...

Host Devon Lincoln talks with Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, 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 8:55 The Brown Act 16:11 The Public Records Act 17:12 City of San Jose v....

Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year’s legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020. Show Notes & References 2:07 Assembly Bill (AB) 605 (Assistive technology devices) (Client News Brief...

Host Devon Lincoln talks with attorneys Daniel Maruccia and Harold Freiman about what AB 48 could mean for school facilities funding if approved by the voters in March 2020. Show Notes & References 2:52 3-legged stool 4:49 Prop 47 (2002) 5:09 Prop 55 (2004) 5:30 Prop 1D (2006) 6:24 Prop 51 (2016) 10:42 AB 48 (2019) (Client News Brief 62 - October 2019) 13:25 School Facilities Programs (SFP) 17:00 Office of Public School Construction (OPSC) / State Allocation Board (SAB) 23:35 Prop 39 bonds...

Sloan Simmons talks with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Aimee Perry regarding this year’s legislative enactments impacting students and tips for school districts in preparing for compliance with these new laws. Show Notes & References 2:29 Senate Bill (SB) 543 (Sexual harassment complaint procedure poster) (Client News Brief 71: November 2019) 6:00 Assembly Bill (AB) 34 (Bullying & harassment policies posted online) (Client News Brief 70: November 2019) 9:22 AB...

Following months of discussion regarding the impact that charter schools have had on traditional public schools, the Legislature has passed, and Governor Newsom has signed, two bills that will have wide-ranging impacts on California charter schools and their authorizers. Joining host Devon Lincoln to discuss these new laws, and what charter school authorizers need to know about these changes, are attorneys Megan Macy and Ed Sklar. Show Notes & References 2:50 Assembly Bill (AB) 1505 16:42...

In Part 2 of our discussion on school avoidance, Sloan Simmons continues the discussion with Jennifer Baldassari and Susan Bishop about case examples, myths, and best practices. Show Notes & References 3:15 Confirmation Bias 7:10 General Education Interventions (Ed. Code 56303) 8:45 ERMHS Assessments 10:30 Orinda Union School District v. Student (2017) OAH Case No. 2017060787 14:40 Lucia Mar Unified School District v. Student (2017) OAH Case No. 2017020299 16:20 Residential Treatment Centers...

In Part 1 of our discussion on school avoidance, Sloan Simmons talks with Jennifer Baldassari and Susan Bishop about the challenges districts face in school avoidance issues from both a legal and practical perspective, highlighting the top myths associated with school avoidance along the way. Show Notes & References 6:46 Lucia Mar Unified School District v. Student (2017) OAH Case No. 2017020299 11:31 Family systems vs. family issues 14:29 Child Find 15:25 IDEA (Individuals with Disabilities...

Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by...

As California seeks legislative solutions for the statewide housing crisis, new laws increasingly seek to ease the path toward construction of affordable housing. Implementation of these laws has widespread financial and planning impacts on cities, counties and school districts. Host Devon Lincoln talks with Harold Freiman and Bill Curley about the affordable housing crisis and the repercussions of the new laws at the local level. This conversation explores how cities and counties are...

Title IX impacts more than just college athletics. Host Sloan Simmons talks with Michelle Cannon and Stephanie White of Lozano Smith’s Title IX Impact Team about the current status of the law, including the proposed regulations which contain sweeping revisions to existing practices. This conversation explores the depth and breadth of Title IX and provides important insights for all public school administrators in K-12 through college. Show Notes & References 2:02 Title IX of the Education...

In Part 2 of our discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the options for financing such projects and the overarching themes impacting this area of the law. Show Notes & References 1:30 Government Code § 4217.10, et seq. 2:29 Power Purchasing Agreement (PPA) 7:47 Constitutional Debt Limitation 9:42 City of Los Angeles v. Offner (1942); Dean v. Kuchel (1950) 11:40 California Debt &...

Host Devon Lincoln talks with veteran experts Karen Rezendes and Mattie Scott about the California budget process, Governor Newsom’s first State budget (just passed on June 13), and the high stakes local school districts face when planning around the annual budget process. Show Notes & References 5:40 Prop 13 (1978) 10:57 Prop 4, the “Gann Limit” Initiative (1979) 11:29 Education for All Handicapped Children Act (EHA) (PL 94-142) 11:35 Education Employment Relations Act (EERA) (1976) 12:12...

Host Devon Lincoln talks with Ed Sklar and Erin Hamor about new charter school legislation causing a stir in Sacramento. If enacted, the pending bills will drastically alter California’s current charter school landscape. Show Notes & References 2:03 EDCAL Article 6:32 AB 1505 10:48 AB 1506 15:26 SB 756 19:20 AB 1507 19:42 Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 25:52 AB 1508 (gutted and amended as of March 2019) For more information on the...

In Part I of a discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the wide range of such projects and the challenges public agencies face in determining how to finance them. Show Notes & References 8:04 Solar Power Purchasing Agreement (PPA) 18:20 The Federal Investment Tax Credit (ITC) 29:10 Net Energy Metering 35:08 Prop 39 Initiative (2000) Amended Section 1 of Article XIII A of the...

The issue of students using marijuana in California’s public schools is ever-evolving, leaving many confused as to the state of the law. Sloan Simmons engages experts in this area of school law, Aimee Perry and Alyssa Bivins, on the most recent developments, including issues for school districts to consider when it comes to student discipline, special education, medication administration, as well as possible changes to state and federal law regarding cannabis which, if passed, would affect...

Attorney Michael Smith, joined by associate Josh Whiteside, talks with host Devon Lincoln about the role that religion plays in the lives of public school students and their teachers and other staff, and how schools can create a climate of inclusivity and support for students of every background and faith tradition. Show Notes & References 6:13 Kennedy v. Bremerton School Dist. 869 F.3d 813 (2017); School District Need Not Accommodate Coach's Request to Publicly Pray at Football Games...