Let’s Talk - Lozano Smith Podcast
Summary: Discussing changes in the law and legal decisions that affect public agencies. *** 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 document does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein. Copyright © 2019 Lozano Smith All rights reserved. No portion of this work may be copied, distributed, sold or used for any commercial advantage or private gain, nor any derivative work prepared therefrom, nor shall any sub-license be granted, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. By accepting this product, recipient agrees it shall not use the work except consistent with the terms of this limited license.
As California seeks legislative solutions for the statewide housing crisis, new laws increasingly seek to ease the path toward construction of affordable housing. Implementation of these laws has widespread financial and planning impacts on cities, counties and school districts. Host Devon Lincoln talks with Harold Freiman and Bill Curley about the affordable housing crisis and the repercussions of the new laws at the local level. This conversation explores how cities and counties are effected by the increasingly centralized state laws, and how the resulting increase in the pace of development impacts school districts. Show Notes & References 10:04 SB 1 - Road Repair and Accountability Act (2017) 12:25 AB 72 (2017) - Attorneys General can sue city or county for housing noncompliance 12:59 Housing and Community Development (HCD) 15:20 Sterling fees (1986) 17:01 SB 50 (1997) - School impact fee law 17:06 School impact fee tiers (Level 1, 2, 3) 17:39 Prop 39 bonds/55% bonds 19:44 Transit Corridors and Student Generation Rate (SGR) 23:04 City of Huntington Beach lawsuits 29:51 SummerHill Winchester LLC v. Campbell Union School District 31:39 2019 Proposed legislation from Senator Scott Weiner (SB 50) 35:01 Impact on schools 36:52 School district workforce housing 37:38 What can the state do for schools? 39:07 What can the state do for cities? Client News Brief: New Law Eases Path to School Employee Housing (February 2018) Client News Brief: State Adopts Comprehensive Housing Legislation (December 2017) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Title IX impacts more than just college athletics. Host Sloan Simmons talks with Michelle Cannon and Stephanie White of Lozano Smith’s Title IX Impact Team about the current status of the law, including the proposed regulations which contain sweeping revisions to existing practices. This conversation explores the depth and breadth of Title IX and provides important insights for all public school administrators in K-12 through college. Show Notes & References 2:02 Title IX of the Education Amendments of 1972; 34 C.F.R. Part 106 2:47 Office for Civil Rights (OCR) 4:43 Dear Colleague Letters 2001, 2011 (rescinded), 2014 (rescinded) and 2017 5:05 Dear Colleague Letter (September 22, 2017) 5:06 Q & A on Campus Sexual Misconduct (September 2017) 6:02 Interim Measures 13:29 Responsible Employee 19:42 Senate Bill 1375 (2016); Education Code § 221.61 20:46 CSBA Model Policy - Uniform Complaint Procedures (BP/AR 1312.3) 22:06 CSBA Model Policy - Sexual Harassment (BP/AR 5145.7) 29:43 Exception to FERPA 31:09 Preponderance of the Evidence Standard 45:56 Lozano Smith Title IX Toolkit For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part 2 of our discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the options for financing such projects and the overarching themes impacting this area of the law. Show Notes & References 1:30 Government Code § 4217.10, et seq. 2:29 Power Purchasing Agreement (PPA) 7:47 Constitutional Debt Limitation 9:42 City of Los Angeles v. Offner (1942); Dean v. Kuchel (1950) 11:40 California Debt & Investment Advisory Commission (CDIAC) 16:08 Report of Proposed Debt Issuance (Government Code § 8855(I)(1)) 19:39 SEC Rule 15c2-12 21:33 Proposition 39 31:36 Assembly Bill 182 (Ch. 447, Stats. 2013, effective 1/1/14) 31:39 MCDC (Municipalities Continuing Disclosure Cooperation) Initiative (2014-2016) 31:43 "Pay-to-Play" (Treasurer's Office 2016) 31:47 Assembly Bill 195 (Ch. 105, Stats. 2017, effective 1/1/18) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Host Devon Lincoln talks with veteran experts Karen Rezendes and Mattie Scott about the California budget process, Governor Newsom’s first State budget (just passed on June 13), and the high stakes local school districts face when planning around the annual budget process. Show Notes & References 5:40 Prop 13 (1978) 10:57 Prop 4, the “Gann Limit” Initiative (1979) 11:29 Education for All Handicapped Children Act (EHA) (PL 94-142) 11:35 Education Employment Relations Act (EERA) (1976) 12:12 Tax Reform Act of 1986 12:36 Prop 98 (1988) 17:18 Prop 111 (1990) 18:51 CTA et al. v. Gould (1996) 19:51 Prop 140 (1990) 23:47 Prop 25 (2010) 34:36 Prop 2 (2014) For more information on the issues discussed in this podcast, please visit our podcast website at www.lozanosmith.com/podcast.
Host Devon Lincoln talks with Ed Sklar and Erin Hamor about new charter school legislation causing a stir in Sacramento. If enacted, the pending bills will drastically alter California’s current charter school landscape. Show Notes & References 2:03 EDCAL Article 6:32 AB 1505 10:48 AB 1506 15:26 SB 756 19:20 AB 1507 19:42 Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 25:52 AB 1508 (gutted and amended as of March 2019) For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
In Part I of a discussion on the complex topic of clean energy projects and how they are financed, Sloan Simmons talks with Devon Lincoln and Daniel Maruccia about the wide range of such projects and the challenges public agencies face in determining how to finance them. Show Notes & References 8:04 Solar Power Purchasing Agreement (PPA) 18:20 The Federal Investment Tax Credit (ITC) 29:10 Net Energy Metering 35:08 Prop 39 Initiative (2000) Amended Section 1 of Article XIII A of the California Constitution Amended Section 18 of Article XVI of the California Constitution For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
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.
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.
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.
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.
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.
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.
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.
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.
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.