Let’s Talk - Lozano Smith Podcast

Lozano Smith
  • 4.6 (22)
  • Government
  • Updated Semimonthly

Discussing changes in the law and legal decisions that affect public agencies.

  1. Aug 26

    E106 SB 848: New Screening, Reporting, and Training Requirements for Educational Agencies

    California’s SB 848 introduces significant new requirements for educational agencies related to ensuring the safety of students. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Carolyn Gemma and Brianna Ramos to discuss the background behind these new requirements and what educational agencies need to know as implementation continues. The conversation explores key changes, including new legal obligations regarding employment screening, comprehensive safety plans, mandated reports, and employee trainings. The discussion provides practical insights to help educational agencies understand the law’s various effective dates and take steps to maintain compliance moving forward. Show Notes & References 1:22 – Background information on Senate Bill (SB) 848 1:45 – Multiple effective dates that educational agencies should know about 4:05 – Employment screening process since January 1, 2026 4:33 – Assembly Bill (AB) 2534 and screening process for certificated job applicants 6:35 – Egregious misconduct under the law 8:16 – Repercussions for hiring educational agencies who do not comply with the required screening process 9:02 – What if a former educational agency does not respond to a hiring agency’s inquiry? 10:34 – Disclosure requirements for former employer agencies regarding past employee egregious misconduct 13:07 – California Commission on Teacher Credentialing (CTC) statewide database 14:52 – Requirements related to professional boundaries 16:24 – Requirement regarding comprehensive school safety plans 18:28 – Who is considered a mandated reporter under SB 848 19:15 – Volunteers under Penal Code definition 19:45 – Contractors 20:26 – New training requirements for mandated reporters 23:34 – CDE/California Department of Social Services training model for compliance with SB 848 24:02 – Next steps for educational agencies going forward to keep up to date with compliance   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  2. Aug 11

    E105 AB 126: A New Era of Charter School Oversight

    California’s AB 126 introduces significant changes to charter school oversight and authorizer responsibilities. In this episode, host Sloan Simmons connects with Lozano Smith’s Charter Practice Group Co-Chairs, Ed Sklar and Erin Hamor, to discuss the background behind these reforms and what they mean for charter schools and authorizers. The conversation explores key changes, including expanded oversight requirements, enhanced fiscal monitoring obligations, fraud reporting responsibilities, and further clarifications to California’s Charter Schools Act. The discussion provides practical insights to help authorizers prepare through policy updates, strengthened protocols, and improved documentation practices. Show Notes & References 1:22 – Background on Assembly Bill (AB) 126 and the implementation of increased oversight for charter schools 1:55 – A3 Charter Schools 5:52 – Moratorium on online non-classroom-based charter schools 7:33 – Oversight requirements now in place for charter authorizers 11:40 – Financial impact on school districts overseeing charter schools 13:12 – Looking ahead to July 1, 2027 17:08 – Auditing obligations for authorizers 18:14 – Other significant trailer bill provisions 19:18 – The erosion of the “mega waiver” 20:17 – Looking ahead to practical concerns and impacts on authorizers   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  3. Jul 29

    E104 Supreme Court Weighs In on States Limiting Transgender Participation in Girls’ School Sports

    In this episode, host Sloan Simmons is joined by Lozano Smith’s Title IX Practice Group Co-Chairs, Sarah Fama and Monica Batanero, to discuss the Supreme Court’s opinion on two cases addressing transgender participation in girls’ school athletics:  West Virginia v. B.P.J. and Little v. Hecox.  The discussion covers the Court’s holdings, legal reasoning, and implications for schools navigating student participation, safety, and competitive fairness. The episode also explores the impact on California schools, including related Title IX issues, pending litigation, and challenges to California’s existing legal framework. Show Notes & References 1:28 – Supreme Court rulings in West Virginia v. B.P.J. (2026) 609 U.S.  2:25 – Background on B.P.J. and Hecox cases 5:32 – What the Supreme Court decided 6:50 – Reasoning and analysis of the Court 8:00 – Justice Brett Kavanaugh, writing for the majority: “The term ‘sex’ in the 1972 Title IX statute, the 1974 Javits Amendment, and the 1975 Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex. The ordinary meaning of the term ‘sex’ at the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context.” 9:17 – Safety and competitive fairness 11:56 – Bostock v. Clayton County Georgia (2020) 590 U.S. 644 – (Client News Brief 86 – December 2020) 15:12 – Biological females who identify as male in male sports 17:31 – Concurrences and dissents of justices 19:16 – What happens now?  The state of the law in California 20:49 – Pending litigation in lower courts 21:28 – United States v. California Interscholastic Federation and California Department of Education, July 9, 2025 – (Client News Brief 31 – July 2025) 21:53 – United States v. Maine Department of Education (No. 1:25-cv-00173) 22:33 – Viability of challenges to U.S.A. v. CIF/CDE; AB 1266 and CIF Bylaws For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  4. Jul 22

    E103 Navigating Public Agency Investigations Conducted by Outside Counsel

    The decision of who conducts an investigation carries important legal implications and shapes how the process unfolds. In this episode, host Sloan Simmons is joined by Lozano Smith attorneys Trevin Sims and Kara Walton to explore how public agencies approach selecting internal, outside, and attorney investigators and how those choices can affect confidentiality and attorney-client privilege. The discussion covers disclosure decisions around how investigative findings are shared or released, and how those choices can affect whether information remains protected or subject to waiver. Join us as we examine practical considerations for managing investigations while balancing transparency, privilege, and related legal obligations. Show Notes & References 1:39 – Selecting an investigator 3:55 – The process of retaining an attorney investigator 6:56 – Outside investigators and attorney-client privilege 8:05 – Who holds attorney-client privilege 10:05 – The pros and cons of intentional, partial waivers of attorney-client privilege and inadvertent disclosures which risk waiver of the privilege 13:28 – “Clawing back” disclosures (Ardon v. City of Los Angeles (2016) 63 Cal.4th 1 and Newark Unified School District v. Superior Court (Brazil) (2015) 239 Cal.App.4th 33) 14:15 – Releasing a Summary of Findings verses full disclosure of investigation report 17:06 – Complaints and litigation possibilities post-disclosures 17:33 – Uniform Complaint Procedures (UCP) and appeals to the California Department of Education (CDE) 18:10 – CDE requests for full disclosure of investigation reports 20:30 – Discrimination and harassment investigations (BP/AR 4030s) and appeals to California’s Civil Rights Division (CRD) 21:03 – Litigation and discovery requests for attorney-client privileged reports 23:26 – Investigations into employee misconduct and union requests for information (RFI) 26:23 – Requests for reports under the California Public Records Act (CPRA)   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  5. Jun 12

    E102 Understanding Educational Rights: Custody Orders, Caregivers, and Special Education

    Who has the authority to make educational decisions for a student? In this episode, host Michelle Cannon is joined by Lozano Smith attorneys Amanda Cordova and Anna Wood to discuss the legal framework surrounding educational rights, including special education considerations. The conversation explores custody arrangements, caregiver authority, AB 495, and when students hold their own educational rights. Join us as we explore practical guidance for navigating custody orders and other common educational rights issues faced by school districts. Show Notes & References 2:30 – Overview of educational rights 4:05 – Educational rights unique to parents of students who qualify for special education 5:45 – Parents and others who qualify as educational rights holders 7:23 – Custody arrangements for divorced, separated or unmarried parents 9:53 – Disagreements between parents with joint legal custody and how school districts should respond 11:32 – The importance of asking for custody orders 12:03 – Rights of parents who do not hold custodial rights 13:25 – What school administrators should be looking for when they receive a custody order 16:30 – Stepparents and caregivers, and assigning educational rights 18:23 – Assembly Bill (AB) 495 and caregiver’s affidavit (Client News Brief 46 – November 2025) 19:12 – Adult students holding their own educational rights   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  6. 12/26/2025

    E101 From Absences to Action: Attendance, Truancy, and Special Education Obligations

    In this episode, host Sloan Simmons is joined by Lozano Smith attorneys Sarah Garcia and Karina Demirchyan to discuss why student attendance has become a critical issue for local educational agencies and how attendance concerns can evolve into legal and special education obligations. Drawing on recent legislative updates and real-world experience, the conversation highlights funding considerations, attendance terminology, notification requirements, and when chronic absenteeism may trigger child find duties and further intervention. Show Notes & References 1:21 – Why attendance is a critical issue for Local Educational Agencies (LEAs) 1:57 – School funding and average daily membership (Senate Bill (SB) 98) 2:05 – Optional attendance recovery program (SB 153) 2:19 – New excused absences (SB 1138) (See Client News Brief 45 – October 2024) 2:51 – Truancy (AB 461) (See Client News Brief 58 – December 2025) 3:09 – Lozano Smith Podcast Episode 99: New Laws Impacting Students Heading into 2026 3:49 – Heightened attention on attendance from California Department of Education (CDE) and supporting data 6:18 – Correlation between attendance and discipline 7:51 – Legal requirements for LEAs regarding attendance 9:16 – Terminology (chronic absenteeism, truancy, habitual truancy, and chronic truancy) 14:51 – Notification requirements for truancy letters (SB 691) (See Client News Brief 45 – October 2024) 16:56 – When attendance issues become a special education issue 21:44 – Child find and evaluating absent students for special education 22:34 – Factors that LEAs should be looking for with attendance when considering referring a student for assessment 25:18 – School Attendance Review Board (SARB) 27:11 – Effective attendance and behavior interventions 28:44 – Parent training 30:56 – Cautionary tales and anecdotes from the field   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  7. 12/18/2025

    E100 Responding to Requests under the California Public Records Act: Best Practices from the Field

    In this episode—the 100th Lozano Smith Podcast episode—host Sloan Simmons joins Partners Alyse Pacheco Nichols and Crystal Pizano to discuss strategic planning and best practices for responding to requests under the California Public Records Act. Alyse and Crystal’s respective expertise in Governance and Municipal practice areas lends a practical discussion useful for local educational agencies and municipalities faced with the ever-increasing number and complexity of public record requests. Show Notes & References 2:02 – Sequence of events when Local Educational Agencies (LEAs) receive requests for information 5:12 – Unclear requests and seeking clarification 6:39 – The value of understanding who a requester is and the motivations behind any requests 10:21 – Contextual clues to help LEAs know what types of records to identify for disclosure 12:28 – Requests that may relate to anticipated litigation or politically sensitive subjects 15:48 – Large-scale email PRA requests and how to go about gathering documents 19:04 – Best practices for large requests 22:48 – Partnering with legal counsel   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

  8. 12/15/2025

    E99 New Laws Impacting Students Heading into 2026

    In this episode, host Sloan Simmons joins Student Practice Group Co-Chair Ruth Mendyk and student practitioner Rebal Halabi-Boutros for the year’s annual student legislation round-up.  Ruth and Rebal discuss the most significant bills passed by the close of this year’s legislative session and their impacts going into 2026. Show Notes & References 1:34 – New laws related to immigration enforcement (Assembly Bill (AB) 49) (See Client News Brief 41 – October 2025) 3:54 – Judicial vs. administrative warrants (See Attorney General Guidance) 4:43 – Immigration enforcement and the impact on average daily attendance (ADA) (AB 1348) 5:40 – Comprehensive school safety plans (Senate Bill (SB) 98) (See Client News Brief 41 – October 2025) 7:08 – Family Preparedness Act (AB 495) (See Client News Brief 46 – November 2025) 10:56 – Identification cards (AB 727) (See Client New Brief 54 – November 2025) 12:21 – Homeless students and health screenings (AB 677) (See Client News Brief 54 – November 2025) 13:22 – Smartphone use and the emergency exception (AB 962) (See Client News Brief 53 – November 2025) 17:50 – Antisemitism and discrimination (AB 715 and SB 48) (See Client News Brief 43 – October 2025) 20:54 – Prichett et al. v. Newsom et al., U.S. District Court, Northern District of California, Case No. 5:25-cv-09443-NW 23:00 – Governor Newsom’s statement on AB 715 and SB 48 (October 7, 2025) 23:16 – Graduation ceremonies and student adornment of cap and gown (AB 1369) (See Client News Brief 44 – October 2025) 28:11 – Cyberbullying (AB 772) (See Client News Brief 53 – November 2025) 33:43 – Readmission following expulsion (AB 1230) (See Client News Brief 58 – December 2025) 35:47 – Truancy (AB 461) (See Client News Brief 58 – December 2025) 38:24 – Diwali added to list of state holidays (AB 268) (See Client News Brief 58 – December 2025)   Update:  On December 17, 2025, a U.S. District Court judge in San Jose heard oral arguments on the motion for preliminary injunction to block AB 715 filed by the American-Arab Anti-Discrimination Committee and a group of California teachers and students.  On December 31, 2025, the court issued a ruling denying the motion for preliminary injunction.  The court also scheduled a status conference for January 27, 2026, to determine next steps for how the lawsuit should proceed.   For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast   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 podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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Discussing changes in the law and legal decisions that affect public agencies.

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