Let’s Talk - Lozano Smith Podcast

By Lozano Smith

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

4.6

2121 ratings

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FAQs about Let’s Talk - Lozano Smith Podcast:

How many episodes does Let’s Talk - Lozano Smith Podcast have?

The podcast currently has 103 episodes available.

Let’s Talk - Lozano Smith Podcast episodes:

May 16, 2023Episode 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.
...more
27min
April 20, 2023Episode 61 Responding to Student Behavior and Student Discipline in the Special Education Context
In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education Partner Sarah Garcia and special education attorney Kaitlyn Tucker about the nuances and options when responding to student behavior, including imposition of student discipline and other options, in the special education context.
Show Notes & References
1:28 – Expedited due process hearings (34 C.F.R. § 300.532.)
1:46 – The Office of Administrative Hearings (OAH)
3:40 – Honig injunction procedure (Honig v. Doe (1988) 484 U.S. 305)
5:54 – Differences between expedited and normal due process hearings (34 C.F.R. § 300.507; 34 C.F.R. § 300.510; 34 C.F.R. § 300.532(c); OAH: Due Process; Letter to Snyder (OSEP 2015).)
8:00 – Manifestation Determination (MD) (34 C.F.R. § 300.530(e).)
12:38 – Correctly counting 10 days (partial vs. full days of suspension) (Questions & Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 2022))
15:29 – Patterns surrounding basis of knowledge
19:59 – Risks of proceeding with expulsion hearings
21:54 – District request for Interim Alternative Education Settings (IAES) (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a); 34 C.F.R. § 300.532(b)(2)(ii).)
24:38 – IAES process vs Honig injunction procedure
26:25 – Stay put during disciplinary challenges (34 C.F.R. § 300.518; 34 C.F.R. § 300.533; 20 U.S.C. § 1415(j).)
30:26 – Recent orders from OAH (OAH Case Nos. 2022080223/2022110728)
35:04 – Takeaways

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
...more
42min
March 30, 2023Episode 60 Changes to the California Public Records Act: What You Need to Know
Effective 2023, the California Public Records Act (“CPRA”) has a new statutory “home” within the Government Code. (See Gov. Code, § 7920.000 et seq.) While the Legislature has indicated this reorganization is not intended to change the CPRA substantively, the practical effects of this reorganization remain to be seen. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Partner, Manuel Martinez, and Senior Counsel, Alyse Pacheco Nichols, to discuss this statutory reorganization; guesses as to the Legislature’s rationale for the reorganization; and how this reorganization will or will not effect the way public agencies response to CPRA requests.
Show Notes & References
2:10 – Statute reorganization effective January 2023
12:04 – Status of catch-all provisions (Alphabetical List [7930.100 – 7930.215])
13:57 – Impact on public agencies
18:30 – Trends in case law and in practice
19:15 – Iloh v. Regents of the University of California (2023) 87 Cal.App.5th 513
19:42 – City of San Jose v. Superior Court (2017) 2 Cal.5th 608 (Lozano Smith Tip Jar – 2017)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
...more
24min
March 03, 2023Episode 59 Student Legislative Update 2023
This episode provides school administrators with the latest legislative changes and developments regarding student matters with Lozano Smith and Student Practice Group leaders Ruth Mendyk and Joshua Whiteside, along with Fresno attorney Nisha Dale.
Show Notes & References
1:23 – Governor’s Executive Order: End of State of Emergency (February 28, 2023)
2:29 –Student threats and firearms (SB 906) (Client News Brief 41 – August 2022)
7:09 – Excused absence for civic or political event (SB 955) (Education Code section 48205)
9:50 – Homeless youth (Client News Brief 4 – January 2023)
10:21 – McKinney-Vento Homeless Assistance Act
11:10 – New requirements for districts regarding homeless students (AB 2375)
11:41 – CDE Model Housing Questionnaire
12:07 – Updates to homeless youth policies (AB 408)
15:00 – COVID-19 testing plan (SB 1479)
16:40 – MOUs with non-profits for eye exams (AB 2329)
19:05 – Including students on LCAP Parent Advisory Committees (SB 997) (Client News Brief 9 – February 2023)
21:16 – Graduation dress code and the First Amendment (Waln v. Dysart School District (9th Cir. 2022) 54 F.4th 1152) (Client News Brief 6 – January 2023)

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
...more
28min
December 07, 2022Episode 58 Reflections on Kennedy v. Bremerton School District After Half a School Year
The United States Supreme Court’s June 2022 Opinion in Kennedy v. Bremerton School District marked a potential sea change for the considerations school districts must account for in relation to employee private religious expression in the school context, whether as a matter of constitutional free speech rights vs. regulation of employee speech, free exercise of religion, or the Establishment Clause. With the benefit of several months and almost half a school year to consider the impacts and ramifications of Kennedy, host Sloan Simmons talks with Michelle Cannon and Kendra Tovey on their understanding of Kennedy’s immediate and anticipated potential impacts, as well as options and challenges for school districts looking ahead.
Show Notes & References
2:06 – Kennedy v. Bremerton School District case background (Client News Brief 31 – July 2022)
5:09 – Lemon v. Kurtzman (1971) 403 U.S. 602
8:05 – Facts focused on by Supreme Court in the majority opinion
10:42 – Garcetti v. Ceballos (2006) 547 U.S. 410
11:16 – Johnson v. Poway Unified School Dist. (9th Cir. 2011) 658 F.3d 954
13:30 – Three clauses of the First Amendment – U.S. Const., amend. I

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
...more
33min
October 13, 2022Episode 57 State Board of Education Considers First Charter School Petition Appeals Post AB-1505
As discussed in Episode 56, there were three pending charter school petition appeals to the State Board of Education (SBE) following denial by the respective LEAs. These were the first three charter petition appeals subject to the new appeal processes since Assembly Bill 1505 became effective in 2020. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Megan Macy and Courtney de Groof to follow up and discuss the outcomes of these petition appeals and what to anticipate going forward.
Show Notes & References
1:51 – AB 1505 and appeals to the State Board of Education (SBE)
3:39 – Standards of review
4:50 – Recent local educational agency (LEA) appeals
7:23 – Advisory Committee on Charter Schools (ACCS)
9:08 – Summary denial process
9:59 – Fiscal impact basis of denial (Education code section 47605 (c) (8))
11:41 – Fiscal Crisis & Management Assistance Team (FCMAT)
13:00 – Procedural issues related to public hearings
14:31 – Community interest standard of denial (Education code section 47605 (c) (7))
16:39 – Determining charter authorizers
19:01 – Appeals going forward

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
...more
24min
July 25, 2022Episode 56 Hot Topics Regarding Charter Schools Coming Out of the Pandemic
Effective 2019, significant legal changes were enacted regarding charter schools in California. The anticipated effects and implementation of those changes, however, were stunted by the COVID-19 outbreak. In this Lozano Smith Podcast episode, host Sloan Simmons engages with Lozano Smith Charter Practice Group Co-Leaders, Ed Sklar and Erin Hamor, to discuss the current state of affairs for charter schools and their authorizers, hot topics and trends in the charter school field, and what to anticipate going forward as California’s LEAs return to normal operation.
Show Notes & References
1:14 – A look back at 2019
1:26 – Assembly Bill (AB) 1505 (Client News Brief 49 – October 2019)
3:52 – Current state (Client News Brief 18 – August 2021)
4:34 – Status of proposed regulations post AB 1505
6:29 – Restart of charter renewal process
9:12 – Renewal petitions and issue fixing
10:29 – AB 1505 and the State Board of Education (SBE)
10:45 – Appeals to charter petition denials
11:57 – “Abuse of discretion” standard of review
12:18 – Takeaways from appeals
17:59 – Pending legislation

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.
...more
23min
July 05, 2022Episode 55 Special Education – Private Schools and Alternatives to Public School Placements
In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education. Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school. This episode will also address recent case law in the past year which provides meaningful directives on this issue.
Show Notes & References
1:43 – Trends in placement requests
3:28 – Obtaining private placement
4:42 – 10-day unilateral placement notice
5:49 – Changes to plans and individual services plans (ISPs)
6:36 – Capistrano v. S.W. 80 IDELR 31 (9th Cir. 2021)
11:02 – Homeschooling
12:48 – Independent study and students with disabilities
13:12 – E. E. v. California (N.D. Cal. Nov. 4, 2021) (N.D. Cal. Feb. 28, 2022) Slip Copy. 2022 WL 597035
14:38 – Independent study vs. home hospital
16:09 – Potential issues
18:30 – Best practices and takeaways

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.
...more
22min
April 20, 2022Episode 54 Best Practices in Managing Disruptions at School Board Meetings
Managing school board meetings in the face of disruption created by parents, employees, and members of the public can be challenging. This podcast will explore best practices to regulate this disruption and create rules and de-escalation techniques to ensure an orderly meeting. To explore this timely topic, co-host Joshua Whiteside introduces a discussion on point between local governance experts and Lozano Smith partners, Roman Muñoz from the Sacramento office and Chelsea Olson Murphy from the San Luis Obispo office.
Show Notes & References
3:51 – Current landscape
6:42 – Problematic behaviors
8:52 – Proactive steps for districts
19:26 – Best practices for school board meetings
19:46 – Lozano Smith Resource: “Best Practices for Maintaining Decorum and Order at School Board Meetings”
24:00 – De-escalation techniques
25:46 – Progression of response
29:19 – End response options – clearing the room and adjourning
33:32 – Clearing the room (Government Code section 54957.9)
37:57 – Major takeaways

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.
...more
42min
April 05, 2022Episode 53 Elections and the California Voting Rights Act – How and Why it Works, and “Post-Transition” Best Practices
Hosts Sloan Simmons joins veteran municipal practitioner James Sanchez and Governance Practice Group Co-Chair Ryan Tung to discuss the election process and the California Voting Rights Act (CVRA), including the legal requirements and practical impacts of the CVRA, as well as best practices for California public entities following the transition from at-large to trustee area elections.
Show Notes & References
1:57 – California Voting Rights Act (CVRA), Elections Code sections 14025-14032
2:10 – At-large method of election
3:34 – By-district or by-trustee area elections
4:39 – Demand letters and litigation
5:47 – Notice received and timelines
7:47 – Low probability of successful defense of at-large election challenges
10:15 – Pico Neighborhood Association et al. v. City of Santa Monica
11:08 – Court of appeal decision and California Supreme Court review
11:48 – Transition process from at-large elections
14:32 – Unique issues for public agencies
17:40 – Redistricting requirement
19:54 – Post-transition time

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.
...more
29min

FAQs about Let’s Talk - Lozano Smith Podcast:

How many episodes does Let’s Talk - Lozano Smith Podcast have?

The podcast currently has 103 episodes available.

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