Let’s Talk - Lozano Smith Podcast

Latest Episodes:

Episode 40: Return to School in the COVID-19 Era – Student Issues (Part 1) Jul 31, 2020

Show notes

Host Sloan Simmons talks with Lozano Smith attorneys Desiree Serrano and Aimee Perry about the latest developments on COVID-19 and students, with a focus on Senate Bill 98 and the most recent state agency directives and guidance heading into the 2020-2021 school year.

Show Notes & References

2:18 – Requirements for in-person instruction
2:40 – Senate Bill (SB) 98
5:12 – Daily live interaction
7:16 – Distance learning
8:54 – California Department of Education’s Distance Learning FAQs
11:13 – July 17, 2020 CDPH COVID-19 Industry Guidance: Schools and School Based Programs, CDPH COVID-19 and Reopening In-Person Learning Framework for K-12 Schools in California, 2020-2021 School Year
14:18 – Guidance on back-and-forth openings/closings
15:33 – Individual school closures
16:59 – School district closures
17:21 – Recommendations to avoid closures
18:59 – Exemptions for face coverings in school settings
20:24 – Daily instructional minute requirements
21:54 – School attendance

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.

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 39: Suicide Awareness and Prevention – From ACSA’s ECC Symposium to the COVID-19 Crisis Jun 30, 2020

Show notes

While on location at the Association of California School Administrators’ (ACSA) 2020 Annual Every Child Counts Symposium (ECC), host Sloan Simmons talked with Lozano Smith attorney and ECC presenter Jennifer Baldassari, and Nathan Moreno, Director of Special Education at Soledad Unified School District (as of July 1, 2020, Director of Special Education at Guadalupe Union School District), regarding student suicide risk assessments, child find, case law, and suicide prevention. This timely discussion highlights recent legislative changes in the area of suicide prevention, and includes ideas on resources and best practices to consider when addressing the topic of suicide prevention in California school districts. Bonus material recorded during school campus closures provides additional resources for helping students during the present crisis.

Show Notes & References

3:35 – Student v. Golden Plains USD (OAH 2019) OAH Case No. 2019040042
10:10 – School avoidance podcast episodes (Part 1 & Part 2)
14:22 – Completing a risk assessment
17:31 – Student Records
18:40 – Importance of risk assessments
21:04 – Impacts of 13 Reasons Why and Social Media
22:34 – Frequency of training
24:03 – AB 1767
24:36 – AB 34
24:52 – CDE & CSBA suicide prevention toolkits
26:07 – Support to a district and community if a suicide occurs
30:03 – Addressing suicide prevention and mental health issues during distance-learning times

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

Episode 38: California’s Uniform Complaint Procedures: What You Need to Know in 2020 Feb 14, 2020

Show notes

Host Sloan Simmons talks with Lozano Smith attorneys Marisa Lincoln and Carolyn Gemma about California’s Uniform Complaint Procedures (UCP). Their discussion covers increasingly important legal parameters and best practices for complying with the State’s UCP, and how the UCP interacts with best practices in investigations and other complaint processes, such as that before the U.S. Department of Education’s Office for Civil Rights.

Show Notes & References

1:20 – What is the UCP?
6:54 – California Code of Regulations, title 5, section 4600 et seq. and CSBA Model Policy and Regulation 1312.3
7:03 – Types of complaints subject to the UCP
8:59 – Types of complaints that are not subject to the UCP
9:55 – Do UCP complaints need to be in writing?
12:04 – Requirements of the UCP
21:28 – Findings and Decision Letter
35:23 – CDE appeals process
43:55 – CSBA Model Policy and Regulation 5145.7 (Sexual Harassment Policy)
44:13 – CSBA Model Policy and Regulation 5145.3 (Anti-Discrimination, Intimidation and Bullying Policy)
48:45 – Education Code 234.1

Episode 37: The New Year Brings A Huge Wave of Affordable Housing Legislation: What Does It All Mean for California Cities? Jan 06, 2020

Show notes

In this episode, Jenell Van Bindsbergen and William P. Curley III, co-chairs of the firm’s Municipal Practice Group, talk about the unprecedented crush of affordable housing legislation enacted by the California Legislature in 2019. The team discusses what the new laws mean for city governments, and how the legislation strikes at local control and other issues of importance to local municipalities.

Show Notes & References

1:34 Episode 14: Police in Schools – The Role of a School Resource Officer
1:49 No Easy Answers – Cities, School Districts, and the Statewide Affordable Housing Crisis
4:35 Assembly Bill (AB) 101
23:19 Senate Bill (SB) 330 – Housing Crisis Act of 2019
24:15 Ministerial Approval
32:55 Interim Zoning (Government Code section 65858)
35:37 Accessory Dwelling Units (ADUs)
43:29 AB 881 and AB 68
44:38 AB 101 and SB 330: The Juggernauts of the 2019 Housing Laws (Client News Brief 76: December 2019)

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

Episode 36: On Location at CSBA’s AEC – Insights on Critical Issues Impacting Education Agencies by Statewide Education Law Experts (A Bonus Episode of the Lozano Smith Podcast) Dec 13, 2019

Show notes

While on location at the California School Boards Association’s (CSBA) 2019 Annual Education Conference, host Sloan Simmons talks with CSBA General Counsel, Kathryn Meola, and one of Lozano Smith’s founding partners, Mike Smith, about critical legal issues impacting educational and other public agencies heading in 2020 and beyond.

Show Notes & References

2:45 W. v. Tehachapi Unified School Dist., Ninth Circuit Case No. 19-15680, appeal from 2019 WL 1092574 (E.D. Cal. Mar. 8, 2019)
2:53 Education Legal Alliance (ELA)
3:58 R. ex rel. E.N. v. LAUSD (9th Cir. 2015) 805 F.3d 1164
7:13 California Voting Rights Act (CVRA), Elections Code sections 14025-14032 (2001)
11:25 Serrano v. Priest (177) 20 Cal.3d 25
15:14 Gordon v. LAUSD, Ninth Circuit Case No. 19-55806, appeal from 2019 WL 2511936 (C.D. Cal. June 17, 2019)
18:42 Ross v. County of Riverside (2019) 36 Cal. App. 5th 25
23:03 Assembly Bill (AB) 1353 (limit on probationary service for classified employees)
26:56 L. v. Clovis Unified School Dist., Ninth Circuit Case No. 18-16669, on appeal from 2018 WL 3738963 (E.D. Cal. Aug. 3, 2018)
29:10 Payne v. Peninsula School Dist. (9th Cir. 2011) 653 F.3d 863
29:26 Fry v. Napoleon Community Schools (2017) 580 U.S. ___, 137 S.Ct. 743
31:18 Paul G. by and through Steve G. v. Monterey Peninsula Unified School Dist. (9th Cir. 2019)
33:43 CSBA Online Learning Center
35:30 AB 218 (childhood sexual abuse and assault, limitations periods)
41:20 Vergara v. State of California, 246 Cal.App.4th 619
41:50 Atwater Elementary School Dist. v. California Dept. of General Services (2007) 41 Cal.4th 227

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

Episode 35: Fall 2019 Legislative Roundup – Labor & Employment Bills Dec 10, 2019

Show notes

Host Sloan Simmons talks with Lozano Smith partners Michelle Cannon and Gabriela Flowers, co-chairs of the firm’s Labor and Employment Practice Group, about important new labor and employment laws passed in 2019 and how they will impact public agency employers in the new year. Topics covered include employment classifications, probationary periods for classified public school employees, new lactation accommodation requirements, settlement agreements with employees, and expansion of anti-discrimination laws, among others. This a must listen as we head into the new year, as most of these new laws become effective January 1, 2020, and may require changes to agency policies.

Show Notes & References

2:18 Assembly Bill (AB) 1353 (Limit on probationary service for classified employees)
4:31 AB 9 (Employment discrimination claim timelines)
4:59 California Fair Employment and Housing Act (FEHA)
5:57 Equal Employment Opportunity Commission (EEOC)
6:17 Department of Fair Employment and Housing (DFEH)
8:01 Senate Bill (SB) 328 (School start times) (Client News Brief 66: November 2019)
10:24 SB 188 (Hairstyles)
13:07 SB 778 (New sexual harassment training requirements)
13:22 SB 1343 (2018)
15:52 SB 142 (Lactation accommodations)
17:03 AB 749 (Settlement agreement no-rehire language)
22:52 AB 1223 (Organ donation)
25:33 SB 83 (Family leave policies)
27:18 California State Disability Insurance (CA-SDI)
28:26 AB 5 (Dynamex decision re employee classifications)
30:24 Borello test

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

Episode 34: The 7 Things Every Elected Board or Council Member Should Know Nov 26, 2019

Show notes

Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, talk about the basics that every newly elected member of a local agency governing body should know when assuming office. This podcast isn’t just for newly electeds – it’s full of information for public officials, local agency staff, and members of the voting public too.

Show Notes & References

8:00 The Brown Act
15:20 The Public Records Act
16:25 City of San Jose v. Superior Court (2017) 2 Cal.5th 608
18:42 The Political Reform Act (Government Code section 87100 et seq.)
19:19 Statement of Economic Interests (Form 700)
19:24 Podcast: Episode 16: It’s Time to Fill Out Your Form 700!
20:48 Government Code section 1090
24:09 Video: Staying Under the Umbrella: Board Members’ Obligations and Immunities
30:05 Ethics training (AB 1234)
30:08 Sexual Harassment training
30:32 Lozano Smith Client Services (ClientServices@lozanosmith.com)

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

Episode 33: Fall 2019 Legislative Roundup – Special Education Bills Nov 15, 2019

Show notes

Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year’s legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020.

Show Notes & References

2:07 Assembly Bill (AB) 605 (Assistive technology devices) (Client News Brief 51: October 2019)
5:35 Senate Bill (SB) 75 (Education finance)
8:53 AB 1172 (Non-public schools and non-public agencies)
11:18 AB 947 (Visually impaired students)
11:46 Expanded Core Curriculum (ECC)
13:44 Orientation & Mobility (O&M) evaluations
14:23 SB 695 – Not signed by Governor (Obligation to translate IEP documents for parents)
18:31 SB 223 (Medicinal cannabis – Jojo’s Act) (Client News Brief 57: October 2019)
18:38 Episode 31: Legislative Roundup – Student Bills (listen here)
22:22 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 (Client News Brief 55: October 2018)
24:29 AB 2657 (Seclusion and Restraints) (Client News Brief 90: December 2018)

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

Episode 32: AB 48 Would Have A Big Impact on School Facilities – If Voters Approve (A Bonus Episode of the Lozano Smith podcast) Nov 05, 2019

Show notes

Lozano Smith attorneys Daniel Maruccia and Harold Freiman discuss what AB 48 could mean for school facilities funding if approved by the voters in March 2020.

Show Notes & References

- 2:52 3-legged stool
- 4:49 Prop 47 (2002)
- 5:09 Prop 55 (2004)
- 5:30 Prop 1D (2006)
- 6:24 Prop 51 (2016)
- 10:42 AB 48 (2019) (Client News Brief 62 – October 2019)
- 13:25 School Facilities Programs (SFP)
- 17:00 Office of Public School Construction (OPSC) / State Allocation Board (SAB)
- 23:35 Prop 39 bonds
- 24:01 Tax rate limit
- 30:29 Sterling fees (1986)
- 30:56 SB 50 (1997) – School impact fee law

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

Episode 31: Fall 2019 Legislative Roundup – Student Bills Oct 31, 2019

Show notes

Sloan Simmons talks with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Aimee Perry regarding this year’s legislative enactments impacting students and tips for school districts in preparing for compliance with these new laws.

Show Notes & References

2:29 Senate Bill (SB) 543 (Sexual harassment complaint procedure poster) (Client News Brief 71: November 2019)
6:00 Assembly Bill (AB) 34 (Bullying & harassment policies posted online) (Client News Brief 70: November 2019)
9:22 AB 1767 (Suicide prevention) (Client News Brief 70: November 2019)
12:14 SB 316 (Student ID cards) (Client News Brief 71: November 2019)
16:05 SB 419 (“k-violation” – Ed. Code section 48900(k)) (Client News Brief 52: October 2019)
19:33 Teachers authority – Ed. Code section 48910
20:22 Other means of correction – Ed. Code section 48900.5
22:45 AB 982 (Homework for suspended students – Ed. Code section 48903) (Client News Brief 64: October 2019)
28:05 SB 328 (School start times) (Client News Brief 66: November 2019)
36:13 SB 711 (Gender change on student documents) (Client News Brief 48: October 2019)
38:39 SB 223 (Medicinal cannabis – Jojo’s Act) (Client News Brief 57: October 2019)
42:26 Student v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 (Client News Brief 55: October 2018)
45:05 HIPAA/FERPA records
46:42 AB 272 (Smart phones) (Client News Brief 46: October 2019)
49:05 SB 276 & SB 714 (Immunizations) (Client News Brief 54: October 2019)

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

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