Let’s Talk - Lozano Smith Podcast

Host Sloan Simmons facilitates a timely and interesting discussion with Lozano Smith Charter School Practice Group Leaders, Ed Sklar and Erin Hamor, regarding the status of charter school reform legislation and the impacts of COVID-19 on the same. Show Notes & References 2:10 – Review of charter reform legislation over the last two years 2:31 – Assembly Bill (AB) 1505 3:26 – State dashboard 7:20 – AB 1316 and pending Education Budget Trailer Bill 7:36 – People v. McManus; San Diego Super. Ct. Case No. SCD266439 9:17 – Anticipated 3-year renewed moratorium on non-classroom based (NCB) charter schools 9:38 – Anticipated 2-year hiatus for charter renewals 11:57 – COVID-19 pandemic & NCB charter school accountability 13:43 – SB 98 influence on NCB charter school funding (Client News Brief 60 - July 2020) 15:49 – State review of NCB charter schools' success during pandemic 18:04 – Pending Education Budget Trailer Bill and NCB charter school moratorium 19:30 – Charter school accountability components 25:10 – Pending Education Budget Trailer Bill and anticipated timelines on renewal moratorium 28:40 – Charter school location accountability 28:48 – AB 1507 33:40 – Lack of state regulation and implementation issues 34:44 – Charter school recruitment issues 36:24 – Consequences for ignoring recruitment obligations   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.

Lozano Smith attorneys Constantine Baranoff and Daniel Maruccia join host Sloan Simmons in an informative and detailed discussion of how Enhanced Infrastructure Financing Districts have evolved in California with attorneys who focus on public finance and who have formed EIFDs throughout the state. They also discuss available financing structures and explore projects (including freeway overlay and flood control) which EIFDs may be used to finance. Show Notes & References 5:01 – 2012 Redevelopment Agencies (RDA) dissolved 6:58 – EIFD (Enhanced Infrastructure Financing District) 13:35 – Formation of Public Finance Authority (PFA) 15:13 – EIFD hearings and timelines 19:03 – EIFD financing structures and combining the EIFD with other financing tools such as Mello-Roos 28:25 – EIFDs vs. RDAs 29:10 – Creative application of the EIFD tools in California; overview of types of projects being contemplated using EIFDs including flood control and freeway overlays 36:31 – Upcoming important election dates for voter approved debt   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 attorneys Ruth Mendyk and Joshua Whiteside to discuss updates to district policies and practices during the 2020-21 school year, pending legislation on student retention and grading issues for 2021-22 and proposed curriculum and kindergarten / preschool related issues for future years. Show Notes & References 2:30 – Assembly Bill (AB) 1127 - Expanded transfer rights to victims of bullying (Client News Brief 74) 4:34 – Education Code 48900(r) - Student discipline for bullying 6:35 – Heightened transportation obligation within AB 1127 7:55 – Changes to conditions for student UCP (Uniform Complaint Procedures) complaints (Client News Brief 77) 10:35 – Face masks 11:20 – California Department of Public Health (CDPH) guidelines (Client News Brief 3) 12:30 – Vaccinations 16:47 – June 15th reopening 17:46 – Masks and buses (Executive Order 13998) 19:26 – AB 104 - Student retention 26:29 – AB 104 timelines 28:10 – Pass/no pass grades (Education Code 49066.5) 31:10 – Senate Bill (SB) 545 - Student retention 36:56 – AB 101 - Ethnic studies curriculum 38:24 – California State Board of Education (CSBE) adopted curriculum 38:54 – Critical race theory & teaching about race 42:54 – AB 22 - Expanded transitional kindergarten 43:26 – SB 50 - California state preschool program 44:05 – Virtual instruction & independent study 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 talks with Lozano Smith attorneys Ruth Mendyk and Chelsea Olson Murphy about the latest developments on COVID-19 and student athletics, with a focus on the most recent guidance from the California Interscholastic Federation (CIF), as well as other state public health directives and guidance heading into the 2020-2021 school year. Updates UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-19/12.1.20_release Since recording this podcast, the California Department of Public Health updated its publication for Schools and School Based Programs to add COVID-19 guidance on Sports and Extra Curricular Activities.  A copy of this August 3, 2020 CDPH COVID-19 Guidance: Schools and School Based Programs is accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf.  Additionally, CIF has established a COVID-19 Resources page accessible here: https://www.cifstate.org/covid-19/index. Show Notes & References 1:56 – California Interscholastic Federation (CIF) Guidance (July 20, 2020) 5:24 – 2020-21 Seasons of Sports and Calendar Dates 7:17 – Participation and Competition With Outside Teams 9:56 – Thirty day waiver for physical examinations for CIF participation in fall sports (Client News Brief 53: July 2020) 11:18 – Waivers and Notices 13:42 – K-8 and unified school district sports programs 15:26 – Coaches and employment issues 18:53 – Summer athletic activities 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 talks with Lozano Smith Special Education attorneys Alyssa Bivins and Marcy Gutierrez about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year. Show Notes & References 1:40 – California Department of Public Health Guidance (July 17, 2020) 2:13 – Senate Bill (SB) 98 2:25 – Emergency Plans and IEPs 10:00 – Impact of extended school closures 11:34 – Instructional Minutes 13:29 – Masks 15:18 – In-Person vs. Distance Learning 17:45 – Compensatory Education 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 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.

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.

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

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.

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.

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.

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.

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.

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.

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.