46 episodes

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.

Let’s Talk - Lozano Smith Podcast Lozano Smith

    • Government
    • 4.5 • 18 Ratings

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.

    Episode 48 COVID-19 School Closures: Compensatory Education in the Special Education Context

    Episode 48 COVID-19 School Closures: Compensatory Education in the Special Education Context

    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.

    • 26 min
    Episode 47 The Supreme Court Speaks: Guidelines for Regulation of Student Off-Campus Speech

    Episode 47 The Supreme Court Speaks: Guidelines for Regulation of Student Off-Campus Speech

    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.

    • 1 hr 4 min
    Episode 46 California’s “Reopening” and the Future of Public Meetings Under the Brown Act

    Episode 46 California’s “Reopening” and the Future of Public Meetings Under the Brown Act

    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.

    • 47 min
    Episode 45 Charter School Reforms in the COVID-19 Era

    Episode 45 Charter School Reforms in the COVID-19 Era

    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.

    • 40 min
    Episode 44 EIFD and Tax Increment – A Public Finance Practitioner Discussion of the Enhanced Infrastructure Financing District Financing Tool

    Episode 44 EIFD and Tax Increment – A Public Finance Practitioner Discussion of the Enhanced Infrastructure Financing District Financing Tool

    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.

    • 41 min
    Episode 43 Catching Up, and Looking Forward: Student Issues After a Year of COVID-19 and Heading Back to School in 2021-2022

    Episode 43 Catching Up, and Looking Forward: Student Issues After a Year of COVID-19 and Heading Back to School in 2021-2022

    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.

    • 49 min

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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.

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