Let’s Talk - Lozano Smith Podcast

Latest Episodes:

Episode 59 Student Legislative Update 2023 Mar 03, 2023

Show notes

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 (9^th 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.

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 58 Reflections on Kennedy v. Bremerton School District After Half a School Year Dec 07, 2022

Show notes

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.

Episode 57 State Board of Education Considers First Charter School Petition Appeals Post AB-1505 Oct 13, 2022

Show notes

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.

Episode 56 Hot Topics Regarding Charter Schools Coming Out of the Pandemic Jul 25, 2022

Show notes

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.

Episode 55 Special Education – Private Schools and Alternatives to Public School Placements Jul 05, 2022

Show notes

In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education. Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school. This episode will also address recent case law in the past year which provides meaningful directives on this issue.

Show Notes & References

1:43 – Trends in placement requests
3:28 – Obtaining private placement
4:42 – 10-day unilateral placement notice
5:49 – Changes to plans and individual services plans (ISPs)
6:36 – Capistrano v. S.W. 80 IDELR 31 (9^th Cir. 2021)
11:02 – Homeschooling
12:48 – Independent study and students with disabilities
13:12 – E. E. v. California (N.D. Cal. Nov. 4, 2021) (N.D. Cal. Feb. 28, 2022) Slip Copy. 2022 WL 597035
14:38 – Independent study vs. home hospital
16:09 – Potential issues
18:30 – Best practices and takeaways

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.

Episode 54 Best Practices in Managing Disruptions at School Board Meetings Apr 20, 2022

Show notes

Managing school board meetings in the face of disruption created by parents, employees, and members of the public can be challenging. This podcast will explore best practices to regulate this disruption and create rules and de-escalation techniques to ensure an orderly meeting. To explore this timely topic, co-host Joshua Whiteside introduces a discussion on point between local governance experts and Lozano Smith partners, Roman Muñoz from the Sacramento office and Chelsea Olson Murphy from the San Luis Obispo office.

Show Notes & References

3:51 – Current landscape
6:42 – Problematic behaviors
8:52 – Proactive steps for districts
19:26 – Best practices for school board meetings
19:46 – Lozano Smith Resource: “Best Practices for Maintaining Decorum and Order at School Board Meetings”
24:00 – De-escalation techniques
25:46 – Progression of response
29:19 – End response options – clearing the room and adjourning
33:32 – Clearing the room (Government Code section 54957.9)
37:57 – Major takeaways

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.

Episode 53 Elections and the California Voting Rights Act – How and Why it Works, and “Post-Transition” Best Practices Apr 05, 2022

Show notes

Hosts Sloan Simmons joins veteran municipal practitioner James Sanchez and Governance Practice Group Co-Chair Ryan Tung to discuss the election process and the California Voting Rights Act (CVRA), including the legal requirements and practical impacts of the CVRA, as well as best practices for California public entities following the transition from at-large to trustee area elections.

Show Notes & References

1:57 – California Voting Rights Act (CVRA), Elections Code sections 14025-14032
2:10 – At-large method of election
3:34 – By-district or by-trustee area elections
4:39 – Demand letters and litigation
5:47 – Notice received and timelines
7:47 – Low probability of successful defense of at-large election challenges
10:15 – Pico Neighborhood Association et al. v. City of Santa Monica
11:08 – Court of appeal decision and California Supreme Court review
11:48 – Transition process from at-large elections
14:32 – Unique issues for public agencies
17:40 – Redistricting requirement
19:54 – Post-transition time

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.

Episode 51 (Part 2) Student Vaccines and Student Masks – Late February 2022 Developments Mar 03, 2022

Show notes

Hosts Joshua Whiteside and Sloan Simmons are back to discuss the latest litigation development related to a school district’s student COVID-19 vaccination mandate and the rapidly changing guidance and directives related to student and staff mask requirements, including CDPH’s recent announcement that face masks are no longer legally required indoors at K-12 schools after March 11, 2022.

Show Notes & References

0:26 – Episode 51 Student Vaccines and Student Masks – Latest Developments
1:14 – San Diego Unified School District federal court vaccine litigation; John Doe, et al., Applicants v. San Diego Unified School District, et al.
4:28 – Student mask mandate update
5:01 – February 25, 2022 Centers for Disease Control and Prevention (CDC) new guidance
7:48 – California Department of Public Health (CDPH) February 28, 2022 announcement
8:30 – February 28, 2022 Governor Executive Order N-5-22
8:59 – Emergency temporary standards (Cal. Code of Regulations Title 8, Section 3205)
9:56 – CDPH K-12 School Guidance (unchanged)
11:05 – Public transit and school buses
12:44 – CDPH Schools FAQ

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.

Episode 52 Personnel Actions and the March 15th Deadline – Are You Ready? Mar 02, 2022

Show notes

Host Sloan Simmons joins partners and Lozano Smith Labor and Employment Co-Practice Group Leaders Michelle Cannon and Gabriela Flowers to discuss several important school district labor and employment deadlines that fall on March 15. This brief but information packed episode includes discussion on various types of release from employment as well as layoffs. Additionally, this year, for the first time ever, classified layoffs are subject to the same deadline.

Show Notes & References

1:13 – Non-reelection of second year probationary certificated employees
2:10 – March 15th deadlines
3:28 – First year probationary employees
3:34 – Education Code section 44929.21
4:21 – Release and reassignment notices for administrators (Ed. Code section 44951)
7:20 – Certificated layoff process
8:49 – Ed. code sections 44955 and 44949
9:00 – Bumping rights
10:00 – Chronology of layoffs
14:35 – Classified layoff process
16:53 – Bumping language and collective bargaining agreements (CBAs)
17:53 – Definition of permanency for classified employee layoffs
18:40 – AB 438 impacts
21:48 – CBAs and classified layoffs

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.

Episode 51 (Part 1) Student Vaccines and Student Masks – Latest Developments Feb 18, 2022

Show notes

Host Joshua Whiteside joins Lozano Smith partner Sloan Simmons to discuss the present status of student COVID-19 vaccination and student masks requirements, including the status of State directives on point and the results of litigation in these areas.

Show Notes & References