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Discussing changes in the law and legal decisions that affect public agencies. *** Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein. Copyright © 2019 Lozano Smith All rights reserved. No portion of this work may be copied, distributed, sold or used for any commercial advantage or private gain, nor any derivative work prepared therefrom, nor shall any sub-license be granted, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. By accepting this product, recipient agrees it shall not use the work except consistent with the terms of this limited license.
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In episode two of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is revolutionizing the field of special education. Join Lozano Smith attorneys Karen M. Rezendes, Sarah L. Garcia, and Karina Demirchyan as they discuss how AI technologies are enabling a more inclusive learning environment and creating more equitable educational opportunities for students with diverse needs. We also discuss real-world applications and success stories involving AI, ethical considerations, and our future outlook regarding AI tools in special education.
Show Notes & References
2:12 – AI in the context of special education
3:38 – Individualized support and AI
4:35 – Legal regulations for AI
5:38 – Data privacy concerns
7:35 – Bias issues
8:52 – Ethical considerations and challenges
10:33 – AI success stories
17:37 – The role of AI at IEPs and other meetings with parent involvement
19:37 – Currently available AI supports
22:03 – The future of AI and special education
Visit Lozano Smith's Artificial Intelligence page at www.lozanosmith.com/ai.php.
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Dive into the evolving world of Artificial Intelligence (AI) with the first episode in our new series, designed to cut through the hype and uncover the real impact of AI on public agencies. Lozano Smith's Managing Partner, Karen M. Rezendes, along with Lozano Smith attorneys Robert A. Lomeli, Karina Demirchyan, and Nicholas J. Clair, offer a foundational exploration of AI technologies like ChatGPT, Microsoft Copilot, and Google Gemini. This episode provides an accessible overview on how public employees are leveraging AI, the importance of keeping humans in the loop, and practical examples of AI in school environments and beyond. The team also addresses crucial concerns such as bias, accuracy, and the legal landscape surrounding AI, including copyright issues and cybersecurity risks. As we embark on this series, join us for essential insights and recommendations to navigate AI's promising yet challenging terrain in public agency operations.
Show Notes & References
2:39 – What is generative Artificial Intelligence (AI)?
3:48 – Common AI platforms (ChatGPT, Anthropic Claude, Copilot, Bard/Gemini)
5:29 – How to access AI
9:44 – Observations on public employees using AI
14:31 – Keeping humans in the loop
16:17 – Examples of AI in a school environment
18:22 – Other opportunities for AI use by public agencies
21:18 – AI data privacy issues
23:46 – Bias in AI
24:49 – Accuracy issues and hallucinations
28:07 – Risks of not understanding AI
31:25 – Deepfakes and cybersecurity risks
36:18 – Existing and forthcoming laws and regulations (https://www.lozanosmith.com/ai.php)
39:03 – Copyright issues and The New York Times Company v. Microsoft Corporation, OpenAI Inc., S.D.N.Y, No. 1:23-cv-11195
39:42 – Liability risks
41:22 – Developing policies and parameters
43:11 – General recommendations
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
California’s vibrant food cultures and many days of sunshine means you have probably seen an individual selling food and goods from a sidewalk or street cart. However, this entrepreneurship led to many debates about whether certain neighborhoods should be off-limits to street (or sidewalk) vendors, how many to allow, and whether brick-and-mortar businesses needed to give permission for these carts to operate nearby. Thanks to new laws enacted in the past five years, local governments now have some answers on how they can and can’t limit these activities. Lozano Smith attorneys Matthew M. Lear and Jack Jackson II join co-host Josh Whiteside as they cover the new laws and consider practical ways for local municipalities to interact with these vibrant vendors.
Show Notes & References
1:13 – What is a street (sidewalk) vendor?
2:47 – Senate Bill (SB) 946 and the Safe Sidewalk Vending Act
4:01 – Restrictions on regulating vendors
4:37 – City of Los Angeles lawsuit (Community Power Collective, et al. v. City of Los Angeles (22STCP04289))
5:34 – Health and safety inspections
7:01 – Penalties for unpermitted vendors
12:50 – Where to submit complaints
14:32 – California Retail Food Code (Health & Safety Code § 113700, et seq.)
15:21 – Compact mobile food operations (SB 972)
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, Lozano Smith Podcast co-host Josh Whiteside has invited attorneys Amanda Savage and James McCann to provide a helpful “how-to” guide for public agencies procuring and bidding for goods, services, and other contracted work. Topics include bidding thresholds, understanding the difference between maintenance and construction, as well as brief rules of the road for piggybacking, energy service contracts, and emergency contracts.
Show Notes & References
1:54 – Background
6:20 – Municipal contracts
7:50 – Uniform Public Construction Cost Accounting Act (CUPCCAA)
9:28 – Bidding thresholds and estimates
10:18 – Special districts
11:18 – Non-public work bidding for goods and services
11:36 – Adopting procurement systems for cities and counties
12:31 – Ordinances and procurement manuals and handbooks
14:14 – Public transparency
16:01 – Educational agencies
17:31 – Cons of becoming a CUPCCAA district
19:20 – Construction in public work projects
19:59 – Maintenance vs. construction
21:05 – Thresholds for public projects vs. maintenance projects
24:16 – Other procurement methods (i.e. engineering or architectural services)
26:30 – Finalizing selections after bidding process ends
32:07 – Special services (i.e. legal, financial, etc.)
34:14 – Piggybacking
35:10 – Energy service contracts
36:24 – Emergency contracting and what qualifies
40:40 – Funding sources
42:49 – Overall thoughts and guidance
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In this episode, Lozano Smith Podcast host Sloan Simmons discusses with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Josh Whiteside important legislative updates regarding student matters resulting from the close of this year’s legislative session.
Show Notes & References
1:55 – Prohibition on removal of instructional materials/library books (Assembly Bill (AB) 1078) (Client News Brief 36 – November 2023)
3:46 – Episode 63 Getting to Know and Understand the FAIR Act (listen here)
4:59 – Consequences to not following AB 1078 guidelines
9:40 – Suspension for defiance and disruption (Senate Bill (SB) 274) (Client News Brief 37 – November 2023)
10:14 – Grounds for discipline (Education Code section 48900(k))
14:17 – California Longitudinal Pupil Achievement Data System (CALPADS)
14:20 – Teacher suspension from class (Ed. Code section 48910)
16:23 – Discipline and restorative justice practices (AB 1165) (Client News Brief 45 - December 2023)
19:15 – Right to recess time and repeal of Ed. Code section 44807.5 (SB 291) (Client News Brief 45 - December 2023)
23:48 – SB 291 and interaction with mealtime detentions
26:15 – Other student related legislation impacting 2024
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Designed for new administrators and/or those new to the bargaining table, co-host Joshua Whiteside is joined by Lozano Smith attorneys Daniel McElhinney and Kara Walton to discuss the basics of bargaining. Topics include figuring out who should be on the bargaining team, how to identify a lead negotiator, what type of contract negotiations can occur, and strategies to foster good processes and outcomes.
Show Notes & References
2:35 – Preparing for negotiations
3:38 – Educational Employment Relations Act (EERA or Rodda Act)
5:34 – New administrators joining the bargaining team
8:02 – Superintendents in negotiations
8:47 – Board members in negotiations
10:41 – Identifying your lead negotiator
11:43 – Open vs. closed contract negotiations; successor and reopener negotiations
15:03 – Negotiations outside of the contract
16:37 – Representing interests on both sides of the table
19:13 – Strategies to foster good will
21:36 – Labor management team meetings
22:05 – The role of legal counsel
23:39 – Final thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/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)
18:40 – Learning recovery and addressing disparities
21:45 – Referrals for inclusion programs
22:32 – Social Emotional Learning (SEL) curriculum
23:15 – Next steps for the future
25:14 – Multi-Tiered System of Supports (MTSS)
26:48 – Behavior, discipline, and support for students and teachers in the classroom
33:38 – Check-in's and coming back
35:26 – 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.