Let’s Talk - Lozano Smith Podcast

Latest Episodes:

Episode 20: From ABC to CBD – When Marijuana and Schools Collide May 09, 2019

Show notes

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 school districts. This thoughtful discussion fully explores the latest on these topics, including trending practices and options for school officials.

Show Notes & References

6:08 Controlled Substances Act (1970)
8:19 Safe & Drug Free Schools and Communities Act (1994)
9:43 Memos from Obama Administration: Ogden Memo (2009) Cole Memo (2013)
11:06 Current Congressional “Rider”: Congressional Appropriations Act (2019)
12:25 Compassionate Use Act (1996)
13:42 Ninth Circuit Case: United States v. McIntosh (2016)
16:05 Proposition 64 (November 2016)
16:22 Memo from Trump Administration: Sessions Memo (2018)
19:05 Education Code section 48900 (Suspension and Expulsion)
19:19 Education Code section 48915 (Expulsion)
24:08 Education Code section 49423 (Medication Administration)
25:33 FDA Approval of Epidiolex: June 26, 2018
26:10 DEA Classification of Epidiolex on Schedule V: September 27, 2018; see also Federal Register.
30:32 Student v. Sylvan Union School District (2014) OAH Case No. 2014010077
33:08 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651(Client News Brief: October 2018)
43:36 FDA FAQs Regarding Marijuana
44:37 FDA Public Hearing on May 31, 2019
51:32 SB 1127 (2018): Governor’s Veto
51:39 SB 223 (2019): Text of Pending Bill

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

Episode 19: Religion in the Schools – A Vehicle for Inclusivity Apr 25, 2019

Show notes

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 (Client News Brief: October 2017)
8:35 Equal Access Act (20 U.S.C. § 4071 et seq.)
10:23 See Ed. Code, §§ 52, 53.
12:05 The Satanic Temple Seeks Access to Public Elementary Schools Nationwide (Client News Brief: September 2016)
18:04 Abington v. Schempp (1963) 374 U.S. 203
30:06 Fair Education Act (Ed. Code, § 51204.5.)
36:05 Assembly Bill (AB) 1248; New Law Entitles Students To Wear Tribal Regalia Or Recognized Objects Of Religious, Ceremonial Or Cultural Significance As An Adornment At School Graduation Ceremonies (Client News Brief: January 2019)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 18: Restraints – How the Law Guides Some of the Most Challenging Classroom Decisions Apr 12, 2019

Show notes

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 Limits the Use of Seclusion and Restraints in Schools, Requires Annual Data Report (Client News Brief: December 2018)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 17: How Many Charter Schools Are Too Many Charter Schools? A Statewide Debate Mar 28, 2019

Show notes

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 California politics right now. Ed and Claudia discuss the shift in the debate regarding charter schools, the origins of this debate, the issues it raises, and what the future might hold for educational options in the state.

Show Notes & References

Education Code section 47600 et seq. (“Charter Schools Act of 1992”)
Sunshine Laws To Begin Shining On Charter Schools: Charter Schools Subject To Public Transparency Laws (Client News Brief: January 2019)
Governor Signs Transparency Bill (Client News Brief: March 2019)
101 Ops.Cal.Atty.Gen. 92 (Dec. 26, 2018)
Ricardo Cano, ‘Common sense regulations’ or ‘an extended middle finger’—how far will California go on charter schools? (March 6, 2019)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 16: It’s Time to Fill Out Your Form 700! Mar 15, 2019

Show notes

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 Sample Policy Conflict of Interest – Board Bylaw 9270
8:35 Form 700 – 2018/2019 Statement of Economic Interests (Link to Form 700 Document)
17:15 Reference Pamphlet – 2018/2019 Form 700 Statement of Economic Interests (Link to Reference Pamphlet)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 15: Life with Janus Feb 28, 2019

Show notes

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 complicated times.

Lozano Smith is pleased to provide public agencies with an in-depth Janus Toolkit including important background information, answers to frequently asked questions, an implementation checklist, templates for communication, and more. Download the toolkit at: www.lozanosmith.com/janustoolkit.

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 14: Police in Schools – The Role of a School Resource Officer Feb 14, 2019

Show notes

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 officer polices a school campus.

Show Notes & References

Client News Brief: Settlement Addresses Discriminatory Treatment of Minority Students and Students with Disabilities (Link to CNB)
Client News Brief: New Law Requires Legal Consult Prior to Custodial Interrogation of Minor Under Age 16 (Link to CNB)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Episode 13: ACSA Keynote Address – Everything I Needed to Know About Life, I Learned at the Table Jan 31, 2019

Show notes

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 this podcast, please visit our podcast website at www.lozanosmith.com/podcast.

Episode 12: Are We There Yet? The Long March Toward Equity and Equality in School Finance Jan 14, 2019

Show notes

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. Priest (1971) 5 Cal.3d 584 (“Serrano I”)
Serrano v. Priest (1977) 18 Cal.3d 728 (“Serrano II”)
Proposition 13 (1978)

For more information on the school finance issues discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.

Episode 11: Fulfilling the Promise of the Charter Schools Act – How Competition Sparked Trilingual Immersion in a Traditional Public School Jan 07, 2019

Show notes

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 discussion explores how this existing dynamic in Riverbank serves one of the original purposes of the Charter Schools Act, the benefits of this unique situation, and some of the challenges which arose along the way.

Show Notes & References

Client News Brief: California Court Rules that Charter Schools Generally Cannot Locate Outside of Their Authorizing School District’s Boundaries www.lozanosmith.com/news/cnb/CNB792016.pdf
Lozano Smith’s Prop 39 Checklist www.lozanosmith.com/docs/resources/Prop_39_Checklist.pdf
CDE’s Overview of Biliteracy Instructional Programs www.cde.ca.gov/sp/el/ip/

For more information on the charter school issues discussed in this podcast, please visit our practice group website at www.lozanosmith.com/charterschools or our podcast website at www.lozanosmith.com/podcast.

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