Let’s Talk - Lozano Smith Podcast

In this episode of our podcast, host Sloan Simmons engages with Lozano Smith special education experts Aly Bivins and Josh Walden.  They discuss the recent trends and guidance in the arena of goal writing for special education students.  Aly and Josh provide insights on recent OAH decisions on point, and lessons learned from those due process outcomes. Show Notes & References 1:17 – Lozano Smith Podcast Episode 66 – Addressing Inclusion Confusion Following COVID (Listen here) 2:06 – The importance of annual goals (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) (Client News Brief 15 - April 2023) 3:06 – Impact on Rachel H. decision (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) 3:52 – Recent Office of Administrative Hearings (OAH) decisions regarding goals 5:03 – OAH on clarity in goal writing 5:22 – South Sutter Charter School case (Student v. South Sutter Charter School (OAH 2024) Case Nos. 2023100030/2023100175) 8:47 – Meeting the "stranger test" 9:52 – Goals and relationship to instruction and services 10:24 – LAUSD case (Student v. Los Angeles Unified School District (OAH 2024) Case No. 2023100526) 11:38 – Separate goals in relation to specific areas of need 12:18 – S.W. v. Capistrano case standard (Capistrano Unified School District v. S.W. (9th Cir. 2021) 21 F.4th 1125; Student v. Capistrano Unified School District (OAH 2023) Case No. 2023050289) 13:40 – Including underlying conditions in goals 15:44 – Baselines and Ukiah case (Student v. Ukiah Unified School District (OAH 2024) Case Nos. 2024010195/2023100750) 19:11 – Big picture takeaways   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this episode, host Sloan Simmons engages with Lozano Smith charter school experts Courtney de Groof and Eric Barba.  The group discusses the recent Oklahoma Supreme Court decision to block the nation’s first proposed religious charter school and implications of this development here in California and more broadly. Show Notes & References 1:55 – Drummond vs. Oklahoma Statewide Virtual Charter School Board (Client News Brief 31 - August 2023) 7:23 – Issues presented in Oklahoma Decision 8:42 – Oklahoma State Charter Schools Act 9:45 – Federal constitutional questions that were addressed 12:22 – Federal cases (Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) 582 U.S. 449; Espinoza v. Montana Department of Revenue, et al (2020) 591 US 464) 19:11 – Big picture takeaways   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join host Sloan Simmons as he discusses new legislative enactments and trending student issues impacting the 2024-2025 school year with Lozano Smith experts Kyle Raney and Kendra Tovey.  This episode covers a range of hot topic issues, from a new round of changes to Independent Study to AB 1955. Show Notes & References 1:17 – School recess (Senate Bill (SB) 291) (Client News Brief 45 - December 2023) 3:59 – Repeal of withholding recess as a disciplinary measure 6:01 – Defiance and disruption, and the Keep Kids in School Bill (SB 274) (Client News Brief 37 - November 2023)  9:39 – Changes to Independent Study (IS) (SB 153) (Client News Brief 38 - August 2024) 10:29 – "Short term" versus "Long term" IS 11:15 – Impacts on ADA (average daily attendance) apportionment 12:47 – Asynchronous instruction/participation 13:47 – The intersection of emergency closures and IS (Education Code sections 46393 and 51747) 18:45 – Gender identity rights for students and the SAFETY Act (Assembly Bill (AB) 1955) 20:06 – AB 1266 (2014) 20:45 – California Department of Education (CDE) Legal Guidance and FAQs on AB 1266 22:50 – AB 1955 and protections for LEA employees and contractors 24:55 – Updates to annual notices: 25:17 – Discrimination complaints related to textbooks, materials and curriculum 26:20 – Non-compliance with the Local Control Accountability Plan (LCAP) requirements 27:13 – California College Guidance Initiative Data Sharing 27:44 – Cell phones on campus 30:24 – Mandated policies limiting smart phone use (AB 3216) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this podcast, host Sloan Simmons engages with Lozano Smith Title IX Practice Group Leaders Monica Batanero and Sarah Fama in a step-by-step discussion regarding the new Title IX regulations, as well as helpful context regarding various legal challenges pending around the country to the new regulations. Show Notes & References 1:48 – Overview of Title IX 3:48 – New Title IX Regulations 6:14 – California regulations under the Education code 8:19 – Flexibility within new regulations 10:28 – Sex-based harassment structure for students at higher education institutions (34 CFR 106.46) 12:06 – August 1, 2024 implementation deadline and policy updates 18:22 – Lawsuits around the country and impacts on California schools 19:05 – State of Kansas v. U.S. Department of Education, No. 23-CV-3205-JWL, 2024 WL [specific page numbers to be determined], (D. Kan. July 2, 2024) 21:58 – Overruling of the Chevron Doctrine and its impact 22:53 – Loper Bright Enterprises v. Raimondo, 603 U.S. ___ (2024); 144 S.Ct. 2244 23:05 – Bostock v. Clayton County, 590 U.S. 644 (2020) 26:09 – Resources and training opportunities 26:45 – Lozano Smith Illuminate 28:00 – Lozano Smith Title IX Toolkit - Email clientservices@lozanosmith.com for more information   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this episode, host Sloan Simmons engages with Lozano Smith attorneys Carolyn Gemma and Jaspreet Lochab-Dogra regarding the application and interactions between the various compliant procedures utilized by California’s K-12 school districts. Show Notes & References 1:45 – Common complaint procedures 1:51 – BP/AP 1312.1 (Complaints Concerning District Employees) 1:56 – BP/AP 1312.3 (Uniform Complaint Procedures (UCP)) 2:01 – BP/AP 4030 (Non-Discrimination in Employment) 2:05 – Title IX and Williams complaint procedures 2:38 – UCP process 3:33 – What is covered under the UCP 4:39 – Removal of special education from the UCP 6:05 – Complaint procedures for employees with protected characteristics (BP/AR 4030) 6:32 – Complaint procedures for employees not related to protected characteristics (BP/AR 1312.1) 7:34 – Interaction of UCP and Title IX complaint processes 7:59 – New Title IX Regulations (OCR) - August 1, 2024 9:27 – Appeals under new Title IX Regulations 11:24 – Complaints regarding instructional materials or facilities (Williams complaint procedures) 11:37 – Complaints regarding library materials (AB 1078) 13:47 – UCP vs. Williams complaint process 15:29 – Commonalities between complaint processes   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In episode four of our series on Artificial Intelligence for Public Agencies and School Districts, we explore the intersection of student issues and AI.  Join Lozano Smith attorneys Karen M. Rezendes, Ruth E. Mendyk, and Joshua Whiteside in their discussion of the use of AI and its effect on K-12 students, existing rules and regulations, issues of deepfakes and plagiarism, and big picture considerations for school administrators. Show Notes & References 1:57 – Law, rules, and regulations 3:54 – Other considerations for students and the use of AI 5:55 – Importance of human connection between educators and students 7:55 – Risks and misuse of AI by students and staff 9:55 – Creation of "deepfakes" 12:29 – Discipline for cyberbullying (Education Code section 48900(r)) 13:50 – Existing and emerging AI editing tools 15:16 – Academic integrity and plagiarism 17:56 – AI's influence on teacher instruction 19:11 – Student research and Codes of Conduct 22:30 – Positive and negative impacts of AI on learning 25:58 – Risk of misinformation 26:46 – Lack of checks and balances 28:14 – Sources of information - potential for bad actors and flawed information 31:02 – Educating students on digital literacy 32:02 – Advice for school administrators   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.

In episode three of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is impacting the facilities and operations side of school districts. Join Lozano Smith attorneys Karen M. Rezendes, Robert A. Lomeli, and Junaid Halani as they discuss how AI technologies are being integrated into the day-to-day processes of school districts’ facilities departments and business operations. We also discuss real-world applications and potential pitfalls involving AI as AI has an ever-increasing presence and utility in allowing resource strapped public agencies to function efficiently. Show Notes & References 2:05 – Managing school Facilities and Business (FAB) operations 4:13 – Regulations on use of Artificial Intelligence (AI) in FAB 8:28 – Major concerns with intersection of AI and FAB 11:02 – Overreliance and legal noncompliance 15:12 – Ethical considerations and risks 23:32 – Example experiences for public agencies and school districts 30:35 – Outlook on the future   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.

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.