Let’s Talk - Lozano Smith Podcast

Latest Episodes:

Episode 78 At Last! The New Title IX Regulations Are Here – What You Need to Know Aug 22, 2024

Show notes

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.

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 77 What K-12 School Districts Need to Know about Internal Complaint Procedures Aug 13, 2024

Show notes

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.

Episode 76 Artificial Intelligence for Public Agencies and School Districts: Part 4 – Understanding Risks and Benefits of AI in the Hands of Students Jul 08, 2024

Show notes

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.

Episode 75 Artificial Intelligence for Public Agencies and School Districts: Part 3 – Facilities, Business, and AI May 21, 2024

Show notes

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.

Episode 74 Artificial Intelligence for Public Agencies and School Districts: Part 2 – The Use of AI in Special Education Apr 08, 2024

Show notes

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.

Episode 73 Artificial Intelligence for Public Agencies and School Districts: Part 1 – AI Primer Feb 16, 2024

Show notes

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.

Episode 72 Getting Street Smart About Street Vendors Feb 13, 2024

Show notes

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.

Episode 71 Proper Procurement & Bidding Jan 30, 2024

Show notes

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.

Episode 70 Winter 2023-2024 Student Issues Legislative Update Dec 19, 2023

Show notes

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.

Episode 69 Bargaining Basics – Meeting at the Table Dec 18, 2023

Show notes

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.

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