Let’s Talk - Lozano Smith Podcast

Join Lozano Smith Podcast host Sloan Simmons for a discussion with Partner attorneys Daniel Maruccia and Harold Freiman regarding Citizen Bond Oversight Committees. This podcast provides an insightful primer into such committees, including their purpose, applicable requirements, and commonly asked questions and issues. Show Notes & References 1:47 – Overview of CBOCs (Citizen Bond Oversight Committees) and why they exist 4:21 – Required minimum number of committee members 5:59 – CBOCs and similarities to Brown Act committees 7:59 – Prop 39 (2000) and passing bonds with 55% approval 8:34 – Impact of Prop 39 on bond measure passage 9:09 – Roles and responsibilities of CBOCs 9:43 – Mission creep 17:09 – Administrative and technical support for CBOCs 19:23 – Contra Costa County Grand Jury Report and CBOCs going beyond their roles 21:57 – Common issues and questions 26:41 – Filling committee seats and member eligibility rules 32:40 – Simultaneous bond measures 36:30 – Bond program lengths and what happens to CBOCs after bond funds are spent 39:33 – Closing thoughts For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join host Sloan Simmons in this Lozano Smith podcast in which Partner Thomas Gauthier discusses annual organizational meetings for school districts. This timely discussion provides insights into the structure and purpose to these meetings, which take place every December. Show Notes & References 1:03 – Basic overview of organizational meetings 2:19 – Education Code sections 1009 and 35143 2:55 - Board Bylaw 9100 and electing board officers 3:42 – Vice President and Clerk roles 4:54 – The six requirements of Board Bylaw 9100 6:52 – Election and nomination process for officers 9:57 – Failed nomination scenario 11:23 – Risks of not following bylaws and policies 12:57 – Flexibly for holding elections outside of annual meeting (Education Code section 35160) 14:47 – Officer duties 15:10 – Board President duties (Board Bylaw 9121) 17:50 – Clerk/Vice President duties (Board Bylaw 9123) 19:01 – Signature authorizations (Board Bylaw 9122) 19:33 – Adopting schedule of regular meetings (Board Bylaw 9100 and the Brown Act) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future. Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic. Show Notes & References 1:26 – What is inclusion? 2:38 – The history of inclusion and why it matters 2:54 – Individuals with Disabilities Education Act (IDEA) 7:07 – Inclusion levels in classrooms 8:40 – What an inclusive environment should look like 10:36 – Least Restrictive Environment (LRE) 11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test 13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 - April 2023) 14:57 – Why IEP goals are not tied to grade-level standards 20:16 – Learning recovery and addressing disparities 23:22 – Referrals for inclusion programs 24:10 – Social Emotional Learning (SEL) curriculum 24:52 – Next steps for the future 26:52 – Multi-Tiered System of Supports (MTSS) 28:27 – Behavior, discipline, and support for students and teachers in the classroom 35:15 – Check-in's and coming back 37:03 – Final thoughts For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education attorneys Kendra Tovey and Amanda Cordova regarding independent study in the context of special education students in light of the now existing independent study legal framework post-pandemic. Show Notes & References 1:06 – Special education students participation in Independent Study (IS) (Client News Brief 39 - August 2022) 2:16 – Transitioning back from distance learning 3:45 – Responding to IS requests 4:26 – Free Appropriate Public Education (FAPE) 6:13 – Least Restrictive Environment (LRE) 8:34 – Amending Individualized Educational Plans (IEPs) to provide a FAPE during IS 9:17 – Changing placement and other considerations 10:08 – E. E. et al. v. State of California et al. (N.D. Cal.) Case No. 21-cv-07585-SI (2022 WL 16752080) 13:47 – Providing services to students participating in IS 15:40 – (Nonpublic Agency) NPA 16:24 – District obligations to provide in-home supports and services 19:07 – Increase in requests for IS For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

With the ever-growing demand for housing in California, many local governments are turning to Accessory Dwelling Units (“ADUs”). Host Joshua Whiteside joins Lozano Smith attorneys Jennifer Thompson and Kevin Serrano to examine the housing situation in California, benefits and challenges of ADUs to cities and local agencies, ADU requirements, and latest trends. Show Notes & References 1:29 – The housing situation in California 2:22 – What is an ADU (Accessory Dwelling Unit) 3:04 – ADUs and parking 6:03 – Lot sizing 8:25 – ADU approvals 10:04 - Homeowner associations and ADUs 12:41 – Benefits to cities and local agencies 13:31 – Impact fees 15:58 – Zoning and requirements for ADUs 22:36 – JADU (Junior Accessory Dwelling Unit) 24:44 – Closing thoughts For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

The Fair, Accurate, Inclusive and Respectful (“FAIR”) Act became law in 2012 and was enacted with the goal of California schools including a more historically accurate depiction of the contributions of LGBT Americans in the curriculum and to reduce the negative stereotypes and bullying that plague a majority of LGBT youth. However, in light of national and local controversies regarding discussion of LGBT issues at public schools, some may be confused or unsure about how to be compliant with the FAIR Act and comprehensive sexual health education opt-out requests, and/or avoid parent complaints. In this episode, Lozano Smith's San Diego Managing Partner Trevin Sims and Senior Counsel Angelique Cramer will cover the basics of what the law requires and address the interplay between laws that pertain to LGBT issues at schools, as well as how to handle parent concerns regarding the curriculum. Show Notes & References 2:00 – The FAIR (Fair, Accurate, Inclusive & Respectful) Act 2:33 – Legislative history of the FAIR Act 3:44 – Referenced groups in the FAIR Act 5:09 – Curriculum requirements 6:33 – Health/sex education and the California Healthy Youth Act 7:24 – Exemptions and opt outs 11:21 – Implementation and challenges for schools 14:31 – CDE FAQs and CDE discussion of interplay of both Acts 16:45 – Where disputes occur and how they are submitted 20:43 – Spontaneous classroom discussions and guidance for districts 25:04 – Takeaways For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Erin Hamor, Partner and Co-chair of Lozano Smith's Charter School Practice Group, is back with an important update on the fate of charter school renewals in the state in light of new pending legislation, discussed in our most recent episode, Charter School Renewals - They're Back! For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith Partners and charter school experts Ed Sklar and Erin Hamor regarding the forthcoming return of the charter school renewal process under pre-Pandemic changes in the law resulting from AB 1505. Show Notes & References 1:32 – Charter renewals and where we left off (listen to Episode 57 here) 2:19 – AB 1505 (2019) and The Charter Schools Act reform 5:32 – Removal of the Dashboard and impact on charter renewals 8:20 – Other factors impacting renewal 9:10 – Data used for renewals 12:36 – Examples of Verified Data 14:30 – Potential disputes over data 16:48 – Governance and fiscal issues 18:32 – "Cure and Correct" notices 19:01 – Selective enrollment issues 19:29 – The Charter Schools Act 22:16 – Notice of deficiencies 23:15 – Next steps for charter authorizers For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education Partner Sarah Garcia and special education attorney Kaitlyn Tucker about the nuances and options when responding to student behavior, including imposition of student discipline and other options, in the special education context. Show Notes & References 1:28 – Expedited due process hearings (34 C.F.R. § 300.532.) 1:46 – The Office of Administrative Hearings (OAH) 3:40 – Honig injunction procedure (Honig v. Doe (1988) 484 U.S. 305) 5:54 – Differences between expedited and normal due process hearings (34 C.F.R. § 300.507; 34 C.F.R. § 300.510; 34 C.F.R. § 300.532(c); OAH: Due Process; Letter to Snyder (OSEP 2015).) 8:00 – Manifestation Determination (MD) (34 C.F.R. § 300.530(e).) 12:38 – Correctly counting 10 days (partial vs. full days of suspension) (Questions & Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 2022)) 15:29 – Patterns surrounding basis of knowledge 19:59 – Risks of proceeding with expulsion hearings 21:54 – District request for Interim Alternative Education Settings (IAES) (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a); 34 C.F.R. § 300.532(b)(2)(ii).) 24:38 – IAES process vs Honig injunction procedure 26:25 – Stay put during disciplinary challenges (34 C.F.R. § 300.518; 34 C.F.R. § 300.533; 20 U.S.C. § 1415(j).) 30:26 – Recent orders from OAH (OAH Case Nos. 2022080223/2022110728) 35:04 – Takeaways For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Effective 2023, the California Public Records Act (“CPRA”) has a new statutory “home” within the Government Code. (See Gov. Code, § 7920.000 et seq.) While the Legislature has indicated this reorganization is not intended to change the CPRA substantively, the practical effects of this reorganization remain to be seen. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Partner, Manuel Martinez, and Senior Counsel, Alyse Pacheco Nichols, to discuss this statutory reorganization; guesses as to the Legislature’s rationale for the reorganization; and how this reorganization will or will not effect the way public agencies response to CPRA requests. Show Notes & References 2:10 – Statute reorganization effective January 2023 12:04 – Status of catch-all provisions (Alphabetical List [7930.100 - 7930.215]) 13:57 – Impact on public agencies 18:30 – Trends in case law and in practice 19:15 – Iloh v. Regents of the University of California (2023) 87 Cal.App.5th 513 19:42 – City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (Lozano Smith Tip Jar - 2017) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This episode provides school administrators with the latest legislative changes and developments regarding student matters with Lozano Smith and Student Practice Group leaders Ruth Mendyk and Joshua Whiteside, along with Fresno attorney Nisha Dale. Show Notes & References 1:23 – Governor’s Executive Order: End of State of Emergency (February 28, 2023) 2:29 –Student threats and firearms (SB 906) (Client News Brief 41 - August 2022) 7:09 – Excused absence for civic or political event (SB 955) (Education Code section 48205) 9:50 – Homeless youth (Client News Brief 4 - January 2023) 10:21 – McKinney-Vento Homeless Assistance Act 11:10 – New requirements for districts regarding homeless students (AB 2375) 11:41 – CDE Model Housing Questionnaire 12:07 – Updates to homeless youth policies (AB 408) 15:00 – COVID-19 testing plan (SB 1479) 16:40 – MOUs with non-profits for eye exams (AB 2329) 19:05 – Including students on LCAP Parent Advisory Committees (SB 997) (Client News Brief 9 - February 2023) 21:16 – Graduation dress code and the First Amendment (Waln v. Dysart School District (9th Cir. 2022) 54 F.4th 1152) (Client News Brief 6 - January 2023) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

The United States Supreme Court’s June 2022 Opinion in Kennedy v. Bremerton School District marked a potential sea change for the considerations school districts must account for in relation to employee private religious expression in the school context, whether as a matter of constitutional free speech rights vs. regulation of employee speech, free exercise of religion, or the Establishment Clause. With the benefit of several months and almost half a school year to consider the impacts and ramifications of Kennedy, host Sloan Simmons talks with Michelle Cannon and Kendra Tovey on their understanding of Kennedy’s immediate and anticipated potential impacts, as well as options and challenges for school districts looking ahead. Show Notes & References 2:06 – Kennedy v. Bremerton School District case background (Client News Brief 31 - July 2022) 5:09 – Lemon v. Kurtzman (1971) 403 U.S. 602 8:05 – Facts focused on by Supreme Court in the majority opinion 10:42 – Garcetti v. Ceballos (2006) 547 U.S. 410 11:16 – Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954 13:30 – Three clauses of the First Amendment – U.S. Const., amend. I For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

As discussed in Episode 56, there were three pending charter school petition appeals to the State Board of Education (SBE) following denial by the respective LEAs. These were the first three charter petition appeals subject to the new appeal processes since Assembly Bill 1505 became effective in 2020. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Megan Macy and Courtney de Groof to follow up and discuss the outcomes of these petition appeals and what to anticipate going forward. Show Notes & References 1:51 – AB 1505 and appeals to the State Board of Education (SBE) 3:39 – Standards of review 4:50 – Recent local educational agency (LEA) appeals 7:23 – Advisory Committee on Charter Schools (ACCS) 9:08 – Summary denial process 9:59 – Fiscal impact basis of denial (Education code section 47605 (c) (8)) 11:41 – Fiscal Crisis & Management Assistance Team (FCMAT) 13:00 – Procedural issues related to public hearings 14:31 – Community interest standard of denial (Education code section 47605 (c) (7)) 16:39 – Determining charter authorizers 19:01 – Appeals going forward For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Effective 2019, significant legal changes were enacted regarding charter schools in California. The anticipated effects and implementation of those changes, however, were stunted by the COVID-19 outbreak. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Charter Practice Group Co-Leaders, Ed Sklar and Erin Hamor, to discuss the current state of affairs for charter schools and their authorizers, hot topics and trends in the charter school field, and what to anticipate going forward as California’s LEAs return to normal operation. Show Notes & References 1:14 – A look back at 2019 1:26 – Assembly Bill (AB) 1505 (Client News Brief 49 - October 2019) 3:52 – Current state (Client News Brief 18 - August 2021) 4:34 – Status of proposed regulations post AB 1505 6:29 – Restart of charter renewal process 9:12 – Renewal petitions and issue fixing 10:29 – AB 1505 and the State Board of Education (SBE) 10:45 – Appeals to charter petition denials 11:57 – "Abuse of discretion" standard of review 12:18 – Takeaways from appeals 17:59 – Pending legislation 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.

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 (9th 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.

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.

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.

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.

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.

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.