Let’s Talk - Lozano Smith Podcast show

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.

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Podcasts:

 Episode 34: The 7 Things Every Elected Board or Council Member Should Know | File Type: audio/mpeg | Duration: 35:13

Host Devon Lincoln talks with Lozano Smith partners Mary Lerner and Anne Collins, co-chairs of the firm’s Governance Practice Group, 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 8:55  The Brown Act 16:11  The Public Records Act 17:12  City of San Jose v. Superior Court (2017) 2 Cal.5th 608 19:26  The Political Reform Act (Government Code section 87100 et seq.) 20:16  Statement of Economic Interests (Form 700) 20:49  Podcast: Episode 16: It's Time to Fill Out Your Form 700! 21:30  Government Code section 1090 24:53  Video: Staying Under the Umbrella: Board Members’ Obligations and Immunities  30:50  Ethics training (AB 1234) 30:53  Sexual Harassment training 31:15  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 | File Type: audio/mpeg | Duration: 28:01

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) | File Type: audio/mpeg | Duration: 51:11

Host Devon Lincoln talks with attorneys Daniel Maruccia and Harold Freiman about 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 | File Type: audio/mpeg | Duration: 55:28

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.

 Episode 30: Charter School Reform Laws Have Been Enacted – Now What? | File Type: audio/mpeg | Duration: 31:41

Following months of discussion regarding the impact that charter schools have had on traditional public schools, the Legislature has passed, and Governor Newsom has signed, two bills that will have wide-ranging impacts on California charter schools and their authorizers. Joining host Devon Lincoln to discuss these new laws, and what charter school authorizers need to know about these changes, are attorneys Megan Macy and Ed Sklar. Show Notes & References 2:50  Assembly Bill (AB) 1505 16:42  Assembly Bill (AB) 1507 19:48  Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 26:40  Lozano Smith Charter School Toolkit (to request a Toolkit, email ClientServices@lozanosmith.com) 27:16  Lozano Smith Charter Symposium   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

 Episode 29: Top Myths of School Avoidance (Part 2) | File Type: audio/mpeg | Duration: 52:38

In Part 2 of our discussion on school avoidance, Sloan Simmons continues the discussion with Jennifer Baldassari and Susan Bishop about case examples, myths, and best practices. Show Notes & References 3:15  Confirmation Bias 7:10  General Education Interventions (Ed. Code 56303) 8:45  ERMHS Assessments 10:30  Orinda Union School District v. Student  (2017) OAH Case No. 2017060787 14:40  Lucia Mar Unified School District v. Student  (2017) OAH Case No. 2017020299 16:20  Residential Treatment Centers 23:20  Parent v. Berkeley Unified School District  (2018) OAH Case No. 2018030517 34:37  Santa Monica-Malibu Unified School District  (2018) OAH Case No. 2017110028 47:19  Takeaways   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

 Episode 28: Top Myths of School Avoidance (Part 1) | File Type: audio/mpeg | Duration: 41:27

In Part 1 of our discussion on school avoidance, Sloan Simmons talks with Jennifer Baldassari and Susan Bishop about the challenges districts face in school avoidance issues from both a legal and practical perspective, highlighting the top myths associated with school avoidance along the way. Show Notes & References 6:46  Lucia Mar Unified School District v. Student (2017) OAH Case No. 2017020299 11:31  Family systems vs. family issues 14:29  Child Find 15:25  IDEA (Individuals with Disabilities Education and Improvement Act) 18:54  Common Sense Media’s Digital Citizenship Curriculum 20:29  Navigating SEL From the Inside Out - Harvard Graduate School of Education (March 2017) 25:28  Parent v. Berkeley Unified School District (Sept. 13, 2018) OAH Case No. 2018030517 28:19  SARB (School Attendance Review Board) 30:00  Truancy vs. being a truant vs. chronic absenteeism (Ed. Code 48260.5 and 60901; 5 CCR 420 and 421.) 32:29  Anxiety and Depression Association of America resources   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

 Episode 27: What Is Least Restrictive Environment? What the Courts Say | File Type: audio/mpeg | Duration: 44:47

Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit. Show Notes & References 1:42  LRE (Least Restrictive Environment) - 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.114; 34 C.F.R. § 300.115 2:50  IDEA (Individual with Disabilities Education Act) - 20 U.S.C. § 1400 et seq. 7:34  Sacramento City Unified Sch. Dist. v. Rachel H. (9th Cir. 1994) 14 F.3d 1398 11:05  Poolaw v. Bishop (9th Cir. 1995) 567 F.3d 830 20:12  K.M. v. Tehachapi Unified Sch. Dist. (E.D. Cal. Apr. 5, 2017) Case No. 1:15-cv-001835 LJO JLT, 2017 WL 1348807 23:02  Solorio v. Clovis Unified Sch. Dist. (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, 748 Fed.Appx. 146 32:47  R.M. by and through S.M. v. Gilbert Unified Sch. Dist. (9th Cir. Apr. 24, 2019) Case No. 17-16722, 768 Fed.Appx. 720 34:45  Baquerizo v. Garden Grove Unified Sch. Dist. (9th Cir. 2016) 826 F.3d 1179   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

 Episode 26: No Easy Answers – Cities, School Districts, and the Statewide Affordable Housing Crisis | File Type: audio/mpeg | Duration: 43:01

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.

 Episode 25: The Evolving Landscape of Title IX Compliance | File Type: audio/mpeg | Duration: 49:09

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.

 Episode 24: Watts in Your Wallet – Financing Clean Energy Projects (Part 2) | File Type: audio/mpeg | Duration: 35:20

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.

 Episode 23: Looking at the Bottom Line – How California’s State Budget Process Directly Impacts Your School District’s Options | File Type: audio/mpeg | Duration: 1:07:27

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.

 Episode 22: Course Correction? The Legislature Looks at Big Changes for Charter Schools in California | File Type: audio/mpeg | Duration: 34:10

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.

 Episode 21: Watts in Your Wallet – Financing Clean Energy Projects (Part 1) | File Type: audio/mpeg | Duration: 42:24

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.

 Episode 20: From ABC to CBD – When Marijuana and Schools Collide | File Type: audio/mpeg | Duration: 1:03:32

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.

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