66 episodes
Let’s Talk - Lozano Smith Podcast Lozano Smith
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- Government
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4.5 • 20 Ratings
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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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Episode 66 Addressing Inclusion Confusion Following COVID
Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future. Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.
Show Notes & References
1:26 – What is inclusion?
2:38 – The history of inclusion and why it matters
2:54 – Individuals with Disabilities Education Act (IDEA)
7:07 – Inclusion levels in classrooms
8:40 – What an inclusive environment should look like
10:36 – Least Restrictive Environment (LRE)
11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 - April 2023)
14:57 – Why IEP goals are not tied to grade-level standards
20:16 – Learning recovery and addressing disparities
23:22 – Referrals for inclusion programs
24:10 – Social Emotional Learning (SEL) curriculum
24:52 – Next steps for the future
26:52 – Multi-Tiered System of Supports (MTSS)
28:27 – Behavior, discipline, and support for students and teachers in the classroom
35:15 – Check-in's and coming back
37:03 – Final thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast. -
Episode 65 Special Education and Independent Study in the Post-Pandemic Era
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education attorneys Kendra Tovey and Amanda Cordova regarding independent study in the context of special education students in light of the now existing independent study legal framework post-pandemic.
Show Notes & References
1:06 – Special education students participation in Independent Study (IS) (Client News Brief 39 - August 2022)
2:16 – Transitioning back from distance learning
3:45 – Responding to IS requests
4:26 – Free Appropriate Public Education (FAPE)
6:13 – Least Restrictive Environment (LRE)
8:34 – Amending Individualized Educational Plans (IEPs) to provide a FAPE during IS
9:17 – Changing placement and other considerations
10:08 – E. E. et al. v. State of California et al. (N.D. Cal.) Case No. 21-cv-07585-SI (2022 WL 16752080)
13:47 – Providing services to students participating in IS
15:40 – (Nonpublic Agency) NPA
16:24 – District obligations to provide in-home supports and services
19:07 – Increase in requests for IS
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast. -
Episode 64 Much Ado About ADUs
With the ever-growing demand for housing in California, many local governments are turning to Accessory Dwelling Units (“ADUs”). Host Joshua Whiteside joins Lozano Smith attorneys Jennifer Thompson and Kevin Serrano to examine the housing situation in California, benefits and challenges of ADUs to cities and local agencies, ADU requirements, and latest trends.
Show Notes & References
1:29 – The housing situation in California
2:22 – What is an ADU (Accessory Dwelling Unit)
3:04 – ADUs and parking
6:03 – Lot sizing
8:25 – ADU approvals
10:04 - Homeowner associations and ADUs
12:41 – Benefits to cities and local agencies
13:31 – Impact fees
15:58 – Zoning and requirements for ADUs
22:36 – JADU (Junior Accessory Dwelling Unit)
24:44 – Closing thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast. -
Episode 63 Getting to Know and Understand the FAIR Act
The Fair, Accurate, Inclusive and Respectful (“FAIR”) Act became law in 2012 and was enacted with the goal of California schools including a more historically accurate depiction of the contributions of LGBT Americans in the curriculum and to reduce the negative stereotypes and bullying that plague a majority of LGBT youth. However, in light of national and local controversies regarding discussion of LGBT issues at public schools, some may be confused or unsure about how to be compliant with the FAIR Act and comprehensive sexual health education opt-out requests, and/or avoid parent complaints. In this episode, Lozano Smith's San Diego Managing Partner Trevin Sims and Senior Counsel Angelique Cramer will cover the basics of what the law requires and address the interplay between laws that pertain to LGBT issues at schools, as well as how to handle parent concerns regarding the curriculum.
Show Notes & References
2:00 – The FAIR (Fair, Accurate, Inclusive & Respectful) Act
2:33 – Legislative history of the FAIR Act
3:44 – Referenced groups in the FAIR Act
5:09 – Curriculum requirements
6:33 – Health/sex education and the California Healthy Youth Act
7:24 – Exemptions and opt outs
11:21 – Implementation and challenges for schools
14:31 – CDE FAQs and CDE discussion of interplay of both Acts
16:45 – Where disputes occur and how they are submitted
20:43 – Spontaneous classroom discussions and guidance for districts
25:04 – Takeaways
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast. -
UPDATE: Episode 62 Charter School Renewals – They’re Back?
Erin Hamor, Partner and Co-chair of Lozano Smith's Charter School Practice Group, is back with an important update on the fate of charter school renewals in the state in light of new pending legislation, discussed in our most recent episode, Charter School Renewals - They're Back!
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast. -
Episode 62 Charter School Renewals – They’re Back!
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith Partners and charter school experts Ed Sklar and Erin Hamor regarding the forthcoming return of the charter school renewal process under pre-Pandemic changes in the law resulting from AB 1505.
Show Notes & References
1:32 – Charter renewals and where we left off (listen to Episode 57 here)
2:19 – AB 1505 (2019) and The Charter Schools Act reform
5:32 – Removal of the Dashboard and impact on charter renewals
8:20 – Other factors impacting renewal
9:10 – Data used for renewals
12:36 – Examples of Verified Data
14:30 – Potential disputes over data
16:48 – Governance and fiscal issues
18:32 – "Cure and Correct" notices
19:01 – Selective enrollment issues
19:29 – The Charter Schools Act
22:16 – Notice of deficiencies
23:15 – Next steps for charter authorizers
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Customer Reviews
Restraint Podcast is a Great Review of the New California Law
Used the restraint podcast as a reference in our podcast, ABA Ultimate Showdown. Great job by your team explaining the legal concerns of restraints.