In this episode, host Sloan Simmons joins Public Finance Chair Daniel Maruccia and Municipal and Governance Co-Chair Mary Lerner to discuss opinions of counsel and their important role relating to bond issuances and related transactions.  Dan and Mary discuss the legal parameters applicable to opinions of counsel as well as practical impacts and challenges that can arise in this area of the law.

Show Notes & References

1:26 – What are Opinions of Counsel
2:26 – Who asks for an Opinion of Counsel and why
10:08 – Information needed prior to signing an Opinion
12:09 – The seriousness of signing Opinions
15:01 – Unqualified v. Qualified Opinions
16:19 – Due diligence analysis
23:48 – Consequences to being wrong
25:39 – Timelines and missing deadlines
32:05 – Best practices

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast

When it comes to hiring certificated staff, the process is now more complex and challenging. In this episode, host Aly Bivins connects with Lozano Smith attorneys Dulcinea Grantham and Gail Zurek to unpack the key provisions and implications of Assembly Bill (AB) 2534, focusing on legal obligations for Local Education Agencies related to certificated employees and egregious misconduct. Packed with FAQs, explanations of key obligations, and steps for practical compliance, this episode is essential listening for HR teams, administrators, and anyone involved in the certificated hiring process.

Show Notes & References

1:24 – Assembly Bill (AB) 2534 and impact on certificated employees (Education Code section 44939.5) (Client News Brief 47 - November 2024)
3:02 – Who is affected by AB 2534 (employees and Local Education Agencies (LEAs))
4:59 – The definition of "egregious misconduct"
6:52 – New obligations under AB 2534
7:47 – Obligations for LEAs responding to requests
12:49 – Issues regarding non-responsive LEAs
13:30 – Timelines for responses from LEAs
15:32 – Substitute teachers
16:25 – Steps for a hiring LEA that receives a report of egregious misconduct
18:36 – Disclosing reports to applicants or former employees
20:17 – Caution regarding what information LEAs provide to CTC (California Commission on Teacher Credentialing)
24:44 – What to do about information inadvertently not reported to CTC
23:34 – Common questions LEAs are facing
27:45 – Quick tips for LEAs

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Extended School Year (ESY) services can raise nuanced questions for IEP teams and special education professionals. On this episode of the Lozano Smith Podcast, host Aly R. Bivins talks with Roxana E. Khan and Erin Frazor about how ESY differs from summer school, the legal requirements under the IDEA, and how to make sound, individualized decisions. They round out the conversation by highlighting common pitfalls and offering practical tips to ensure compliance, including the importance of clear documentation.

Show Notes & References

2:10 – ESY (Extended School Year services) vs. Summer School
2:52  – FAPE (Free Appropriate Public Education) and ESY
3:40 – Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988 (Client News Brief 12 - March 2017)
5:54 – Common ESY issues and questions
8:18 – How to determine eligibility for ESY
8:45 – Regression/Recoupment Analysis applied in California
10:14 – Three other standards determined by the courts
14:08 – What to provide during ESY
21:21 – When to make ESY determination
25:10 – Determining ESY eligibility for incoming students with less available information
28:01 – Litigation regarding ESY
34:17 – Does ESY only apply during the summer?
37:14 – Does the IDEA speak to Least Restrictive Environment (LRE) in relation to ESY?
38:45 – M.C. by & through S.B. v. Los Angeles Unified School District (C.D. Cal., Aug. 9, 2023) Case No. 2:20-CV-09127-CBM-E, 2023 WL 11066079
40:07 – Continuum of ESY placement options

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Graduation season is fast approaching and now is the time for selecting speakers, auditioning singers and all the other details that go into planning a successful event.  On this Lozano Smith podcast, host Sloan Simmons and his guests Partners and Lozano Smith Student Practice Group Leaders, Ruth Mendyk and Kyle Raney, walk through parameters and considerations in preparing for the ceremony itself, including speeches, music, adornments and more.  The group also discusses the basics that being included in the ceremony is not a guarantee, but should be considered a privilege for students to participate.

Show Notes & References

1:14 – Participating in graduation: a privilege, not a right (Swany v. San Ramon Valley Unified Sch. Dist. (N.D. Cal. 1989) 720 F.Supp. 764)
4:00  – Best practices for districts to communicate graduation policies and parameters
7:27 – Non-public forums of graduation ceremonies
10:01 – Due process regarding student participation (Castro v. Clovis Unified School District (U.S.D.C. E.D. Cal. 2022) Case No. 1:19-cv-00821-DAD-SKO) (Client News Brief 29 - June 2022)
12:31 – Students on the mic (Lassonde v. Pleasanton Unified School District (2003) 320 F.3d 979)
16:42 – Invocations and religious speech (Cole v. Oroville Union High School District (9th Cir. 2000) 228 F.3d 1092)
19:19 – Prayer at graduation (Kennedy v. Bremerton School District (2022) 142 S.Ct. 2407) (Client News Brief 31 - July 2022)
23:34 – Alternative bases for regulating expression (Corder v. Lewis Palmer School District No. 38 (U.S.D.C. D. Col. 2009) Case No. 08-1293 and Hazelwood School District v. Kuhlmeier (1988) 484 U.S. 260) (Education Code section 48907)
26:55 – Songs and instrumental music  (Nurre v. Whitehead (9th Cir. 2009) 580 F.3d 1087)
30:13 – Student fees and free school guarantee – caps and gowns and senior activities
32:02 – Adornment of cap and gown (Education Code section 35183.1)

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This episode explores the evolving landscape of Title IX through the lens of where we are and where we're headed. From the impact of the 2020 regulations and the recent vacating of the 2024 regulations, to current executive orders, investigations, and state laws shaping implementation today, our team looks ahead at what future federal guidance may hold. Lozano Smith Title IX gurus Monica Batanero, Sarah Fama, and Emma Sol join host Sloan Simmons for this timely discussion to help school leaders navigate the rapid legal changes.

Show Notes & References

2:14 – The current buzz around Title IX
3:35  – 2024 Title IX Regulations vacated by January 9, 2025 Kentucky court case (Tennessee v. Cardona, 2:24-cv-00072)
5:15 – Ensuring compliance with the 2020 Regulations
7:51 – Other policies impacted by removal of the 2024 Regulations
8:45 – Potential for drafting future Title IX Regulations to have less back and forth change between administrations
12:21 – Executive orders impacting Title IX (See (1) Client News Brief 7; (2) Client News Brief 11; (3) Client News Brief 12)
12:56 – January 20, 2025 Executive Order
13:29 – Podcast Episode 78 At Last! The New Title IX Regulations Are Here - What You Need to Know
16:14 – California Education Code section 221.5 (f)
17:23 – Maine Department of Education letter
22:40 – Roe v. Critchfield (9th Cir. Mar. 20, 2025), Case No. 23-2807, __ F.4th __ (Client News Brief 14 - April 2025)
27:48 – Closing thoughts
29:14 – Lozano Smith's Federal Policy and Guidance Developments resource page

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In the final episode of our three-part podcast series, host Sloan Simmons joins Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District, to tackle all things implementation.  The experts discuss turning plans into action, from developing teams and agreements to delivery methods and launch.

Show Notes & References

2:14 – How to select a delivery method (Resource: Construction Delivery Methods)
4:53 – Lease-Leaseback method (Listen to: Episode 71 Proper Procurement & Bidding)
8:10 – Ensuring Board policies and resolutions are up to date
8:48 – Timing
10:16 – Project management
11:57 – Recommendations regarding Construction Managers
12:44 – Big picture takeaways

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In Part 2 of this three-part podcast series, host Sloan Simmons is back with Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, and special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District. The group covers team building, planning with and for consultants, tips and tricks, and how to best utilize your legal team to get your project off the ground.
Stay tuned for Part 3: Implementation, and visit www.lozanosmith.com/podcast to access upcoming episodes upon immediate release.

Show Notes & References

1:55 – Building your team of construction professionals
3:07 – FAQ – Construction Professional Selection
5:42 – Planning for consultants on the team
6:41 – When to involve a CEQA consultant
8:11 – Starting your project (mapping, calendars, etc.)
10:29 – Interplay with Facilities Master Plan work
11:49 – Tips and tricks for procuring consultants
14:21 – The value of site visits
16:20 – Interacting with your legal team

In this episode, we re-air Podcast 52 from March 2022, in which 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 all fall on March 15. This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  The presenters also address changes to the classified layoff process that became effective in 2022. Sloan also discusses with Gabby some important updates and developments on these issues as of March 2025.

Show Notes & References

2:29 – Non-reelection of second year probationary certificated employees
3:32 – March 15th deadlines
4:51 – First year probationary employees
4:56 – Education Code section 44929.21
5:41 – Release and reassignment notices for administrators (Ed. Code section 44951)
8:43 – Certificated layoff process
10:12 – Ed. code sections 44955 and 44949
10:37 – Bumping rights
11:23 – Chronology of layoffs
15:55 – Classified layoff process
18:16 – Bumping language and collective bargaining agreements (CBAs)
19:16 – Definition of permanency for classified employee layoffs
20:02 – AB 438 impacts
23:14 – CBAs and classified layoffs
26:20 – *UPDATES* as of March 2025

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this three-part podcast series, host Sloan Simmons engages with Lozano Smith Facilities and Business Partners Megan Macy and Anne Collins, as well as special guest Sue Bell, Chief Facilities Officer for the Elk Grove Unified School District, on a thoughtful discussion regarding state funding and post-Proposition 2 spending.   This discussion will assist listeners in issue spotting, problem solving, and building a proactive approach to planning and managing your district’s future.   Part 1 of the series covers what is different in the new State Bond, and what it means from a practical perspective for school districts.

Stay tuned for Part 2: Planning and Procurement and Part 3: Implementation, and visit www.lozanosmith.com/podcast to access the upcoming episodes upon immediate release.

Show Notes & References

3:05 – Impact of Proposition 2 State Bond and resulting changes
5:26 – Facilities Master Plans and how to use them
8:27 – New supplemental grants and modernization funding
12:17 – Aspects where greater clarity is still needed
15:58 – Interim housing for declared state of emergencies
17:50 – Project labor agreements
18:20 – Practical perspectives

In this episode, host Sloan Simmons engages with Lozano Smith's student law experts Ed Sklar and Josh Whiteside regarding applicable laws, guidance, and anticipated developments regarding immigration enforcement and schools under the new presidential administration.  The group discusses the similar focus on this issue dating back to 2017-2018, what happened then, resulting California laws and guidance on point, and anticipated changes at the federal level that will impact California schools.

Show Notes & References

2:01 – Immigration enforcement and impact on public school students
4:56 – Recent events unfolding and preparing for change
7:01 – Sanctuary school districts and schools
8:03 – State Senate Bill 54 (Identified California as a sanctuary state) (Client News Brief 75 - November 2017)
12:15 – 2017 Nationwide Injunction
13:59 – Legal obligations for school districts (Plyler v. Doe (1982) 457 U.S. 202)
15:17 – State law and policies (Assembly Bill 699) (Client News Brief 64 - October 2017)
17:36 – California Attorney General guidance (Client News Brief 1 - January 2025)
18:27 – Potential consequences for sanctuary school districts
20:10 – October 2021 Department of Homeland Security “Protected Areas” memorandum
22:15 – February 20, 2017 Department of Homeland Security memorandum
28:22 – Expectations going forward
31:41 – Comparisons to 2017 and what districts can do now
37:07 – UPDATE 1/22/25! - Important post-inauguration update

January 20, 2025 Executive Order “Protecting the American People Against Invasion”
January 21, 2025 Statement from Department of Homeland Security regarding Rescission of “Protected Areas” memorandum
January 21, 2025 Department of Justice Memorandum on Changes regarding Immigration Enforcement



 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join Lozano Smith Student attorneys Ruth Mendyk, Alexandra Carubis, and Josh Whiteside as they discuss developments from the most recent legislative session and evaluate the impacts on California students beginning January 1, 2025.

Show Notes & References

2:03 – Prohibition of suspension for students seeking help with substance use (Assembly Bill (AB) 2711)
5:53 – Lawful possession of fentanyl antagonists and test strips (Senate Bill (SB) 997)
8:19 – Immunity for opioid antagonist administration (AB 2998)
9:34 – Health education and student instruction regarding fentanyl use (AB 2429)
13:14 – Financial literacy (AB 2927)
14:27 – Menstrual health education (AB 2229) (Client News Brief 46 - October 2024)
16:12 – Social sciences curriculum changes (AB 1821)
17:17 – Homework policy development (AB 2999) (Client News Brief 48 - November 2024)
21:54 – Truancy notification letter requirements (SB 691) (Client News Brief 45 - October 2024)
24:38 – Excused absences (SB 1138) (Client News Brief 45 - October 2024)
26:39 – Limits on student social media use at school (SB 1283)
28:32 – Cell phone bans on campus (AB 3216) (Client News Brief 40 - September 2024)

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This Lozano Smith Podcast episode is the fourth and final in a 4-part series Leadership in Action, brought to you by Lozano Smith and Lozano Smith’s Concierge Consulting Services, also known as CCS.  Due to a long pattern of declining enrollment and resulting budget challenges, school districts around the state are increasingly faced with making the difficult decision of whether and how to close or consolidate schools.  In this episode, host Sloan Simmons engages with Lozano Smith CCS expert Ron Carruth, Ed.D. and Partner Harold Freiman regarding their unique expertise and best practice recommendations for this challenging process, which is often fraught with emotion for the schools and for the community.  Adding to the challenge are recent legal guidances on school consolidation and on equity considerations that should be considered.  Practical takeaways on this topic from this episode—whether on demographics studies, communication plans, or legal strategies—can benefit superintendents, school district cabinet leaders of all departments, and school board members.

Show Notes & References

4:10 –  Observations on school consolidation
7:00 – Decreases in ADA (Average Daily Attendance) and demographic patterns
8:19 – Lessons on reconfiguration/consolidation
11:12 – Key legal issues surrounding reconfiguration/consolidation
11:50 – Community input (Education Code section 17487)
12:22 – CDE guidance (Best Practices Guide for Potential School Closure)
14:09 – Assembly Bill (AB) 1912 and specific school closure requirements for financially distressed school districts
16:37 – Equity issues and Attorney General guidance letter (April 2023)
20:35 – Criteria to consider
24:24 – Awareness of common legal challenges
26:18 – Comparing the established 7/11 committee process to the new guidance on district advisory committees
29:31 – Insights into the motivations behind and creation of AB 1912
33:49 – Careful analysis in assisting districts with reconfiguration/closure
37:22 – Demographics, parameters, and best practices regarding time frames
39:24 – Communication plans, community outreach, and the importance of good documentation
45:43 – The Superintendent's role in the reconfiguration/closure process
48:14 – The importance of engaging with the entire district team
50:54 – The Board's role in the reconfiguration/closure process
56:01 – Final thoughts

 

To learn more about the Lozano Smith's Concierge Consulting Services (CCS) team, join us here.

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This Lozano Smith Podcast episode is the third in a 4-part series Leadership in Action, brought to you by Lozano Smith and Lozano Smith’s Concierge Consulting Services, also known as CCS.  In this episode, host Sloan Simmons connects with Lozano Smith CCS expert Brandon Krueger, Ed.D. and Partner Sarah Levitan Kaatz regarding building and sustaining a professional organizational culture.  This discussion highlights overarching concepts, practical approaches, and a framework for the extremely important, hard, and sustained work necessary to develop, improve, and maintain a successful, professional organizational culture.   Applicable takeaways from this episode can benefit school district leaders, but uniquely governing board members, superintendents, and other members of a district’s leadership cabinet.

Show Notes & References

2:48 –  Differentiating between culture and climate
6:00 – Shifting culture
10:15 – Accountability (external and internal)
12:45 – Organizational culture work
17:11 – Timelines and tailoring trainings to each individual participant
22:27 – Bias incident response work example
27:09 – Flexibility to encourage participant investment
29:49 – Supporting administrators to maintain positive shifts
35:05 – Training "bites" and the importance of repetition in learning
37:11 – Strategies to combat administrator attrition and retirement
41:34 – Reference checks
42:10 – New requirements for job applicants and hiring entities (Assembly Bill (AB) 2534) (Client News Brief 47 - November 2024)

 

To learn more about the Lozano Smith's Concierge Consulting Services (CCS) team, join us here.

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This Lozano Smith Podcast episode is the second in a 4-part series Leadership in Action, brought to you by Lozano Smith and Lozano Smith’s Concierge Consulting Services, also known as CCS.  Whether your school district successfully passed a bond or parcel tax in years past or just this month, once those financial resources are accounted for, the process of moving forward with construction begins.  In this episode, host Sloan Simmons connects with Lozano Smith CCS expert George S. Sziraki, Ed.D. and Partner Kelly Rem regarding best practices for superintendents and their teams for advanced planning, issue spotting, engaging with their school boards, constituents, and other important stakeholders in the school construction project process.  Practical takeaways from this episode can benefit school district leaders at any stage of the school construction process, but in particular those at the starting point of the process.

Show Notes & References

3:06 –  Budget process and the importance of management oversight
4:25 – The impact of timeline development on budget markers
7:19 – Accounting for unanticipated delays
8:40 – Stakeholder communications and legal aspects that come into play
12:36 – School bonds and Oversight Committees
13:37 – Lozano Smith Podcast Episode 68 Citizen Bond Oversight Committees: A Primer for School Districts (Listen here)
13:55 – Strategies for fostering good relationships with Oversight Committees
15:06 – Communications through the preconstruction phase and understanding delivery methods
17:11 – Potential legal engagement and knowing when to pass the baton
18:09 – The Levine Act
18:53 – Factoring in Title IX inequity issues and ADA (Americans with Disabilities Act) compliance
21:40 – Front-end policy development
22:34 – CUPCCAA (California Uniform Public Construction Cost Accounting Act)
23:53 – When disputes arise
26:03 – Big picture takeaways

 

To learn more about the Lozano Smith's Concierge Consulting Services (CCS) team, join us here.

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

This Lozano Smith Podcast episode is the first in a 4-part series Leadership in Action, brought to you by Lozano Smith and Lozano Smith’s Concierge Consulting Services, also known as CCS.  Increasingly in recent years, the perception of governing board meetings have trended negative, with school leaders concerned over disruptions, lack of productivity, and more.  In this episode, host Sloan Simmons engages with Lozano Smith CCS expert Kevin Skelly, Ph.D. and Partner Megan Macy regarding best practices in fostering a welcoming and positive experience during governing board meetings, to the benefit of district constituents, students, staff, administrators, and the governing board.  Practical takeaways from this episode can benefit both new and veteran governing board members in improving the experience and productivity of board meetings.

Show Notes & References

3:13 – Making board meetings positive
7:04 – Planning for meetings and bringing issues forward
8:38 – Creating welcoming board meetings for constituents
13:10 – Connecting with constituents at meeting
13:57 – Celebrating success at board meetings
16:54 – Media coverage and relationships with local news networks
19:08 – Importance of board trainings and in-the-moment issue spotting
23:36 – Taking students and teachers into account
26:35 – Getting a "win" out of a "loss" at a board meeting
31:25 – Qualities of good governance teams and successful strategies to employ
36:27 – Modeling respect at board meetings

 

To learn more about the Lozano Smith's Concierge Consulting Services (CCS) team, join us here.

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this episode of our podcast, host Sloan Simmons engages with Lozano Smith special education experts Aly Bivins and Josh Walden.  They discuss the recent trends and guidance in the arena of goal writing for special education students.  Aly and Josh provide insights on recent OAH decisions on point, and lessons learned from those due process outcomes.

Show Notes & References

1:17 – Lozano Smith Podcast Episode 66 – Addressing Inclusion Confusion Following COVID (Listen here)
2:06 – The importance of annual goals (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) (Client News Brief 15 - April 2023)
3:06 – Impact on Rachel H. decision (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405)
3:52 – Recent Office of Administrative Hearings (OAH) decisions regarding goals
5:03 – OAH on clarity in goal writing
5:22 – South Sutter Charter School case (Student v. South Sutter Charter School (OAH 2024) Case Nos. 2023100030/2023100175)
8:47 – Meeting the "stranger test"
9:52 – Goals and relationship to instruction and services
10:24 – LAUSD case (Student v. Los Angeles Unified School District (OAH 2024) Case No. 2023100526)
11:38 – Separate goals in relation to specific areas of need
12:18 – S.W. v. Capistrano case standard (Capistrano Unified School District v. S.W. (9th Cir. 2021) 21 F.4th 1125; Student v. Capistrano Unified School District (OAH 2023) Case No. 2023050289)
13:40 – Including underlying conditions in goals
15:44 – Baselines and Ukiah case (Student v. Ukiah Unified School District (OAH 2024) Case Nos. 2024010195/2023100750)
19:11 – Big picture takeaways

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this episode, host Sloan Simmons engages with Lozano Smith charter school experts Courtney de Groof and Eric Barba.  The group discusses the recent Oklahoma Supreme Court decision to block the nation’s first proposed religious charter school and implications of this development here in California and more broadly.

Show Notes & References

1:55 – Drummond vs. Oklahoma Statewide Virtual Charter School Board (Client News Brief 31 - August 2023)
7:23 – Issues presented in Oklahoma Decision
8:42 – Oklahoma State Charter Schools Act
9:45 – Federal constitutional questions that were addressed
12:22 – Federal cases (Trinity Lutheran Church of Columbia, Inc. v. Comer (2017) 582 U.S. 449; Espinoza v. Montana Department of Revenue, et al (2020) 591 US 464)
19:11 – Big picture takeaways

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Join host Sloan Simmons as he discusses new legislative enactments and trending student issues impacting the 2024-2025 school year with Lozano Smith experts Kyle Raney and Kendra Tovey.  This episode covers a range of hot topic issues, from a new round of changes to Independent Study to AB 1955.

Show Notes & References

1:17 – School recess (Senate Bill (SB) 291) (Client News Brief 45 - December 2023)
3:59 – Repeal of withholding recess as a disciplinary measure
6:01 – Defiance and disruption, and the Keep Kids in School Bill (SB 274) (Client News Brief 37 - November 2023) 
9:39 – Changes to Independent Study (IS) (SB 153) (Client News Brief 38 - August 2024)
10:29 – "Short term" versus "Long term" IS
11:15 – Impacts on ADA (average daily attendance) apportionment
12:47 – Asynchronous instruction/participation
13:47 – The intersection of emergency closures and IS (Education Code sections 46393 and 51747)
18:45 – Gender identity rights for students and the SAFETY Act (Assembly Bill (AB) 1955)
20:06 – AB 1266 (2014)
20:45 – California Department of Education (CDE) Legal Guidance and FAQs on AB 1266
22:50 – AB 1955 and protections for LEA employees and contractors
24:55 – Updates to annual notices:

25:17 – Discrimination complaints related to textbooks, materials and curriculum
26:20 – Non-compliance with the Local Control Accountability Plan (LCAP) requirements
27:13 – California College Guidance Initiative Data Sharing


27:44 – Cell phones on campus
30:24 – Mandated policies limiting smart phone use (AB 3216)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this podcast, host Sloan Simmons engages with Lozano Smith Title IX Practice Group Leaders Monica Batanero and Sarah Fama in a step-by-step discussion regarding the new Title IX regulations, as well as helpful context regarding various legal challenges pending around the country to the new regulations.

Show Notes & References

1:48 – Overview of Title IX
3:48 – New Title IX Regulations
6:14 – California regulations under the Education code
8:19 – Flexibility within new regulations
10:28 – Sex-based harassment structure for students at higher education institutions (34 CFR 106.46)
12:06 – August 1, 2024 implementation deadline and policy updates
18:22 – Lawsuits around the country and impacts on California schools
19:05 – State of Kansas v. U.S. Department of Education, No. 23-CV-3205-JWL, 2024 WL [specific page numbers to be determined], (D. Kan. July 2, 2024)
21:58 – Overruling of the Chevron Doctrine and its impact
22:53 – Loper Bright Enterprises v. Raimondo, 603 U.S. ___ (2024); 144 S.Ct. 2244
23:05 – Bostock v. Clayton County, 590 U.S. 644 (2020)
26:09 – Resources and training opportunities
26:45 – Lozano Smith Illuminate
28:00 – Lozano Smith Title IX Toolkit - Email clientservices@lozanosmith.com for more information

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

In this episode, host Sloan Simmons engages with Lozano Smith attorneys Carolyn Gemma and Jaspreet Lochab-Dogra regarding the application and interactions between the various compliant procedures utilized by California’s K-12 school districts.

Show Notes & References

1:45 – Common complaint procedures

1:51 – BP/AP 1312.1 (Complaints Concerning District Employees)
1:56 – BP/AP 1312.3 (Uniform Complaint Procedures (UCP))
2:01 – BP/AP 4030 (Non-Discrimination in Employment)
2:05 – Title IX and Williams complaint procedures


2:38 – UCP process
3:33 – What is covered under the UCP
4:39 – Removal of special education from the UCP
6:05 – Complaint procedures for employees with protected characteristics (BP/AR 4030)
6:32 – Complaint procedures for employees not related to protected characteristics (BP/AR 1312.1)
7:34 – Interaction of UCP and Title IX complaint processes
7:59 – New Title IX Regulations (OCR) - August 1, 2024
9:27 – Appeals under new Title IX Regulations
11:24 – Complaints regarding instructional materials or facilities (Williams complaint procedures)
11:37 – Complaints regarding library materials (AB 1078)
13:47 – UCP vs. Williams complaint process
15:29 – Commonalities between complaint processes

 

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.