Let’s Talk - Lozano Smith Podcast

Latest Episodes:

Episode 68 Citizen Bond Oversight Committees: A Primer for School Districts Nov 21, 2023

Show notes

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.

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 67 Annual Organizational Meetings for School Districts Nov 17, 2023

Show notes

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.

Episode 66 Addressing Inclusion Confusion Following COVID Sep 11, 2023

Show notes

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.

Episode 65 Special Education and Independent Study in the Post-Pandemic Era Aug 29, 2023

Show notes

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.

Episode 64 Much Ado About ADUs Aug 07, 2023

Show notes

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.

Episode 63 Getting to Know and Understand the FAIR Act Jun 12, 2023

Show notes

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.

UPDATE: Episode 62 Charter School Renewals – They’re Back? Jun 07, 2023

Show notes

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.

Episode 62 Charter School Renewals – They’re Back! May 16, 2023

Show notes

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.

Episode 61 Responding to Student Behavior and Student Discipline in the Special Education Context Apr 20, 2023

Show notes

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.

Episode 60 Changes to the California Public Records Act: What You Need to Know Mar 30, 2023

Show notes

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