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Let’s Talk - Lozano Smith Podcast

Lozano Smith

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

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August 26 · 28 min
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.
August 11 · 23 min
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.
July 29 · 33 min
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.
July 22 · 30 min
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.
June 12 · 23 min
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.
Dec 26, 2025 · 40 min
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.
Dec 18, 2025 · 26 min
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.
Dec 15, 2025 · 40 min
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.
Dec 1, 2025 · 1 hr
Episode 98 Gender Identity, Title IX, and Equal Protection: Status of Federal and California Law and Pending Litigation
In this episode, host Sloan Simmons joins Title IX experts Sarah Fama and Sinead McDonough for a comprehensive discussion regarding the status of the law as it pertains to gender identity, students, and schools. Topics covered include the current status of California and federal law and policy on point, as well as the wide-ranging scope of pending litigation poised to impact this area of school law. Show Notes & References 1:54 – Foundational cases impacting Title IX policy (Bostock v. Clayton County (2020) 140 S. Ct. 1731) (Client News Brief 50 – June 2020) 2:55 – Grabowski v. Arizona Board of Regents (9th Cir. 2023) 69 F.4th 1110 5:51 – Parents for Privacy vs. Barr (9th Cir. 2020) 949 F.3d 1210 (Client News Brief 40 – May 2020) 10:48 – Roe vs. Critchfield (9th Cir. 2025) 137 F.4th 912 (Client News Brief 14 – April 2025) 12:49 – Jones, et al. v. Critchfield, et al., Ninth Circuit Case No. 25-5413 13:44 – Regino vs. Blake (formerly Staley) (9th Cir. 2025) (Client News Brief 17 – April 2025) 14:57 – Assembly Bill (AB) 1266 20:00 – United States v. Skrmetti (2025) 605 U.S. 495 22:24 – The law in California 23:25 – CIF (California Interscholastic Federation) Rule 300D and Guidelines for Gender Identity Participation 24:36 – Interactions with federal law 25:56 – Executive Order (EO) 14168 (Client News Brief 12 – February 2025) 27:01 – Tennessee v. Cardona decision 28:29 – Dear Colleague letter – February 4, 2025 30:32 – Federal government’s approach and reaction to CIF and AB 1266 (USDOE Press Releases: February 12, 2025; March 27, 2025; June 25, 2025) 34:00 – Related Supreme Court cases (Little v. Hecox, Case No. No. 24-38; West Virginia v. B.P.J., Case No. 24-43) 35:09 – T.S. et al. v. Riverside Unified School District et al., U.S.D.C., Central District of California, Case No. 5:24-cv-02480-SSS-SP, and order on motion to dismiss, (C.D. Cal. Sept. 24, 2025) 2025 WL 2884416 36:25 – Protections for student privacy and their interactions with parental rights 39:22 – Mirabelli vs. Olson et al.¸U.S.D.C., Southern District of California, Case No. 3:23-cv-00768-BEN-VET 40:00 – The SAFETY Act (AB 1955) 44:13 – The dynamic between the federal government and California post-AB 1955 enactment (United States of America v. California Interscholastic Federation et al., U.S.D.C., Central District of California, 8:25-cv-01485-CV-JDE) 50:26 – Foote v. Ludlow School Committee, Case No. 25-77 52:19 – Mahmoud v. Taylor (2025) 606 U.S. 522 (Listen to Episode 97 Mahmoud v. Taylor) (Client News Brief 28 – July 2025) 53:31 – Access to facilities 55:15 – Grimm v. Gloucester County School Board (4th Cir. 2020) 972 F.3d 586 56:06 – Million Dollar Question: Does Title IX protect individuals based on gender identity or not? 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.
Nov 19, 2025 · 45 min
Episode 97 Mahmoud v. Taylor: A Practical Discussion on the Supreme Court’s Opt-Out Opinion
In this episode, host Sloan Simmons joins Partners Chelsea Olson-Murphy and Kyle A. Raney for a practical discussion of the holding, impact, and resulting best practices following the Supreme Court’s opinion in Mahmoud v. Taylor regarding the ability of parents to opt their children out of certain curriculum based upon sincerely held religious beliefs. Show Notes & References 1:50 – Opt-out statutes in other states and how California can prepare for these changes 3:08 – Case background: Mahmoud v. Taylor (2025) 606 U.S. 522 (Client News Brief – July 2025) 9:31 – Wisconsin vs. Yoder (1972) 406 U.S. 205 9:59 – Kennedy v. Bremerton School Dist. (2022) 597 U.S. 507 (Client News Brief – August 2023) 11:11 – What the Supreme Court held in Mahmoud 15:56 – Why the Mahmoud decision matters for Local Educational Agencies (LEAs) 20:20 – Employment Div., Dept. of Human Resources of Oregon v. Smith (1988) 485 U.S. 660 21:56 – Practical considerations 27:42 – Interactions with California law 27:51 – The FAIR Act (Client News Brief – October 2025) 28:38 – Best practices and recommendations for LEAs 36:16 – Template opt-out forms and three prongs of information to gather 41:16 – Takeaways and final thoughts 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.
Jul 30, 2025 · 38 min
Episode 96 Signed, Sealed, Liable: The Realities of Opinions of Counsel
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 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.
Jun 20, 2025 · 31 min
Episode 95 From Resume to Red Flag: District Responsibilities Under AB 2534
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. 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.
May 28, 2025 · 43 min
Episode 94 The ESY Puzzle: Putting the Pieces Together for IEP Success
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. 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.
Apr 25, 2025 · 40 min
Episode 93 Speakers, Singers, and Sashes: Planning for a Successful Graduation Ceremony
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. 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.
Apr 10, 2025 · 30 min
Episode 92 Title IX: Past Lessons, Present Shifts, and Future Possibilities
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. 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.
Mar 13, 2025 · 16 min
Episode 91 School Facilities, Funding and Construction Series – Part 3: Implementation
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. 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.
Mar 4, 2025 · 22 min
Episode 90 School Facilities, Funding and Construction Series – Part 2: Planning and Procurement
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 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.
Mar 3, 2025 · 35 min
Episode 89 Review and Update—Personnel Actions and the March 15th Deadline – Are You Ready?
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. 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.
Feb 26, 2025 · 20 min
Episode 88 School Facilities, Funding and Construction Series – Part 1: The New State Bond
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 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.
Jan 23, 2025 · 49 min
Episode 87 Immigration Enforcement and California’s Schools
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. 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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