Let’s Talk - Lozano Smith Podcast

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  Luc...

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. 2017020...

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 Unifi...

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...

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 a...

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 L...

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 Ha...

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 Schoo...

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  N...

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...

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 (...

In a wide ranging discussion on a sensitive and challenging topic, Devon Lincoln discusses the law regarding the use of restraints in school with special education attorneys Sarah Garcia and Roxana Khan. The attorneys discuss real world experiences, the law that applies in this area, and how staff and administrators can best approach these difficult issues. Show Notes & References New Law Limi...

Devon Lincoln talks with charter school law experts Ed Sklar and Claudia Weaver about the statewide conversation currently surrounding charter schools and the impact they have on traditional public schools.  From recent teacher strikes, to the election of a new Superintendent of Public Instruction, to a raft of new legislative proposals, the role of charter schools is front and center in Californi...

It’s that time of year, when California public servants must prepare and submit their annual statements of economic interest.  The statement, commonly referred to as Form 700, is due on April 2 this year.  Devon Lincoln talks to ethics expert Tom Gauthier about common pitfalls in filling out the form, what you need to know to get it right, and why it matters. Show Notes & References 7:14  CSBA...

Labor and employment specialists Lou Lozano and Darren Kameya join Devon Lincoln for a discussion of the unique challenges arising at the public employee union bargaining table in 2019. The conversation covers the fallout from the 2018 Supreme Court decision in Janus v. AFSCME , the implications of the LAUSD strike and other labor actions, and how public agencies can attempt to navigate in these c...

The role of law enforcement officers on school campuses is not well understood.  Devon Lincoln is joined by attorney Tom Manniello, an expert in student discipline issues and discipline reform, and Jenell Van Bindsbergen, an attorney specializing in working with police officers and police departments.  In a wide ranging discussion, the panelists lay out the complex issues that come up when an offi...

This special episode of the podcast features a discussion with negotiator Sarah Kaatz and shares extended excerpts from her successful keynote address at the 2019 ACSA Negotiators’ Symposium. Attorney Devon Lincoln talks with Sarah about the life insights she draws on to negotiate with public employee unions in a range of challenging scenarios. For more information on the topics discussed in...

Following the release of the new California governor’s first proposed budget, Lozano Smith attorneys Devon Lincoln, Karen Rezendes and Mattie Scott sit down to discuss the long history of school finance in the state and how that history reverberates in our schools today – and why the issue should matter to every Californian. Show Notes & References California Constitution (1849) Serrano v. Pri...

In this Lozano Smith podcast, moderator Sloan Simmons engages with Dr. Daryl Camp, Superintendent of the Riverbank Unified School District, and Lozano Smith Partner Megan Macy, regarding a burgeoning and healthy competition between two separate dual immersion programs operated in Riverbank, one through a dependent charter school and another through in a traditional district school.  Their discussi...

Are you prepared for 2019? Join Lozano Smith attorneys Dulcinea Grantham and Niki Nabavi Nouri as they discuss three important employee leave and accommodations requirements that will impact school districts and public agencies in the coming year. Show Notes & References 0:50  AB 1976  (http://www.lozanosmith.com/news-clientnewsbriefdetail.php?news_id=2815) 7:29  SB 1085 (http://www.lozanosmit...

With texting and social media, it seems as though the line between school and “not school” are blurred. School districts are often faced with determining whether they can discipline a student for their conduct while not at school. In this episode, we discuss a school district’s ability to discipline a student for off-campus conduct and go over court cases that analyze this issue. Show Notes &...

This podcast addresses the tension between protecting personal information and the obligation to disclose public records.  Striking the wrong balance may burden either the local agency, or the individual employee, with significant costs.  Hear how best to contend with the money pitfalls of the CPRA. Show Notes & References 7:17  Pasadena Police Officers Assn. v. City of Pasadena (2018) 22 Cal....

Preventing school violence and ensuring school safety have become dominant topics and part of an ongoing national conversation.  But what can a school district do, practically, to address these issues?  This podcast will examine two recently released resource documents from the Federal Bureau of Investigations and the United States Secret Service which provide guidance on preventing school violenc...

Lozano Smith attorneys discuss some of the important aspects of California’s future and complex history with groundwater. Topics include the Sustainable Groundwater Management Act (SGMA), Groundwater Sustainability Agencies (GSA), pre-1914 water rights, and CEQA issues and evaluations. Additionally, they dive into various considerations as local governments adopt general plans and make decisions a...

Last year, the United States Supreme Court identified social media as “perhaps the most powerful mechanism available” today to make a person’s voice heard.  But can a government official block their constituents’ voices online?  At what point does a personal social media page become open to the public?  Join us as we discuss the ramifications of a recent federal district court case out of New York...