Let’s Talk - Lozano Smith Podcast

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 (9th 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.

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.

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.

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.

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 (9th 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.

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.

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.

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.

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.

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 0:48 – California Department of Public Health (CDPH) February 15, 2022 announcement and upcoming CDPH February 28, 2022 announcement 3:26 – Student vaccine mandate status 5:35 – SB 871 and personal exemptions 7:45 – Locally adopted vaccine mandates examples 8:36 – Los Angeles USD local mandate and legislation 9:20 – Education Code section 35160 11:37 – San Diego USD local mandate 15:05 – State court San Diego case and Let Them Choose litigation 19:00 – San Diego USD appeal and stay from Court of Appeal 22:01 – Mask mandate status 22:33 – State Public Health officer order (June 11, 2021) 23:28 – CDPH Guidance 24:02 – Health and Safety Code section 120175 and legal authority 24:37 – Superior Court case in San Diego and Let Them Breathe litigation   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.

Host Sloan Simmons joins Lozano Smith partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction. Show Notes & References 1:24 – Modular buildings 2:05 – Modular component buildings vs. modular portables 4:55 – Issue of permanent vs. temporary 6:10 – Modular component building examples 7:15 – Popularity and cost-efficiency 8:16 – Building plans (standard or unique designs) 9:10 – Competitive bidding and modular buildings 10:33 – Delivery methods (competitive bidding, lease-leaseback, design-build) 13:30 – Architect involvement 14:31 – Lease-leaseback method 15:16 – Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261 18:16 – Lease-leaseback scoring and rating system 19:29 – Design-build vs. lease-leaseback 21:03 – Piggybacking 22:10 – Division of the State Architect (DSA) 22:13 – Office of Public School Construction (OPSC) 22:54 – Public Construction Code section 20118 24:52 – Vendor involvement in piggybacking 26:30 – Modulars and personal property 26:43 – Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006) 28:50 – Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004 30:55 – OPSC e-mail to school districts and county offices of education (July 2021) 31:55 – Coalition for Adequate School Housing (CASH) 33:48 – Permanent vs. temporary foundations for modular portables 40:25 – Critical 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.

Host Joshua Whiteside joins Lozano Smith attorney Ruth Mendyk to discuss updates and new obligations facing educational agencies now and during the second half of the 2021-22 school year. This discussion includes a review of important legislation from the Fall 2021 legislative session. Show Notes & References 2:30 – Education Code 48205 - Excused absences 2:50 – Senate Bill (SB) 14 (urgency) - Excused absences for mental or behavioral health 6:46 – Assembly Bill (AB) 516 - Excused absences for cultural ceremonies and events 9:13 – SB 254 – September 11th remembrance exercises and observations 11:24 – AB 27 (urgency) – Website posting requirement for liaison and related homeless information 12:11 – SB 400 – Housing questionnaire and rights/resources for homeless students 14:26 – AB 132 – Ensure student completion of FAFSA form (Free Application for Federal Student Aid), alternate form, or opt-out 17:25 – AB 104 – Grade change requests, student retention, and exemptions from graduation requirements 20:54 – AB 101 – Ethnic studies   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.

Following COVID-19 school closures during the 2019-2020 school year, many school districts are faced with making determinations regarding potential compensatory education for their special education student populations.  Host Sloan Simmons discusses the concept of compensatory education and school closures with Lozano Smith special education experts Marcy Gutierrez and Collen Villarreal, including important factors for districts to consider on this subject and the latest OAH rulings on point. Show Notes & References 2:29 – FAPE obligation and distance learning 3:11 – Bd. of Ed. v. Rowley (1982) 458 U.S. 176; Endrew F. ex rel. Joseph F. v. Douglas County Sch. Dist. RE-1 (2017) 580 U.S. ___, 137 S.Ct. 988 3:51 – Cal. Exec. Order N-26-20 (March 13, 2020) 8:35 – Compensatory education overview 10:17 – Equitable factors 15:50 – Anaheim Elementary School District v. Student (2020), OAH Case No. 2020090678 19:20 – Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak (March 12, 2020)   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.

For the first time since 2007, the United States Supreme Court has weighed-in on student free speech rights under the First Amendment. In Mahanoy Area School District v. B.L., the high court addressed for the first time the parameters and limits for schools’ regulation of student off-campus speech. In this episode, Lozano Smith student speech experts Mike Smith and Sloan Simmons break down the Supreme Court’s decision and its implications for California school districts. Show Notes & References 1:58 - Tinker v. Des Moines Independent Community School District (1969) 393 U.S. 503 4:00 – Bethel School District v. Fraser (1986) 478 U.S. 675 5:58 – Hazelwood School District et al. v. Kuhlmeier et al. (1988) 484 U.S. 260 8:05 – Statutory framework in Education Code (Ed. Code §§ 48907, 48950)   9:34 – Morse v. Frederick (2007) 551 U.S. 393 11:58 – Mahanoy Area School District v. B.L. (June 23, 2021) 594 U.S. ___ 19:56 – School district limitations on regulating off-campus speech 24:35 – Types of behavior subject to regulation under B.L. 33:02 – Impact of B.L. in California 39:27 – Vernonia School District 47J v. Acton (1995) 515 U.S. 646 40:43 – T.V. v. Smith-Green Community School Corporation (N.D. Ind. 2011) 807 F.Supp.2d 767 43:31 – J.C. ex rel. R.C. v. Beverly Hills Unified School District (C.D. Cal. 2010) 711 F.Supp.2d 1094 (Client News Brief 53 - December 2009) 46:25 – Wynar v. Douglas County School Dist. (9th Cir. 2013) 728 F.3d 1062 (Client News Brief 59 - September 2013) 48:48 – C.R. v. Eugene School District 4J (9th Cir., Sept. 1, 2016) 835 F.3d 1142 (Client News Brief 65 - September 2016) 51:34 – Shen v. Albany Unified School District (9th Cir. 2016) 835 F.3d 1142 (Client News Brief 87 - December 2017) 55:36 – McNeil v. Sherwood School District 88J (9th Cir. 2019) 918 F.3d 700 (Client News Brief 30 - June 2019)   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.

With the easing of COVID-19 restrictions and California’s “reopening,” host Sloan Simmons has a timely discussion with Lozano Smith Governance Co-Practice Group Leader, Anne Collins and Lozano Smith Technology and Innovation Practice Group Leader Travis Cochran regarding the state of the law and future of public meetings under the Brown Act in light of pending legislation that would continue flexibility for remote participation by local officials and the public. Show Notes & References 3:19 – The Brown Act & board member telephonic/virtual participation (Government Code section 54953(b)) 6:06 – California Executive Order 3-17-20 (March 2020) 10:16 – California Executive Order N-08-21 (June 2021) 11:32 – Masks at public meetings 15:25 – Meeting posting requirements 16:16 – Pending Assembly Bill (AB) 361 18:24 – Pending AB 339 25:11 – Public comment and participation during virtual board meetings 35:05 – Virtual technology issues 38:55 – Hybrid board meetings and flexible participation 45:46 – Update: California Department of Public Health Face Coverings Q&A Guidance (June 15, 2021)   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.