Let’s Talk - Lozano Smith Podcast show

Let’s Talk - Lozano Smith Podcast

Summary: 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.

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Podcasts:

 Episode 54 Best Practices in Managing Disruptions at School Board Meetings | File Type: audio/mpeg | Duration: 41:39

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.

 Episode 53 Elections and the California Voting Rights Act – How and Why it Works, and “Post-Transition” Best Practices | File Type: audio/mpeg | Duration: 28:17

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.

 Episode 51 (Part 2) Student Vaccines and Student Masks – Late February 2022 Developments | File Type: audio/mpeg | Duration: 17:20

Hosts Joshua Whiteside and Sloan Simmons are back to discuss the latest litigation development related to a school district’s student COVID-19 vaccination mandate and the rapidly changing guidance and directives related to student and staff mask requirements, including CDPH’s recent announcement that face masks are no longer legally required indoors at K-12 schools after March 11, 2022. Show Notes & References 0:26 – Episode 51 Student Vaccines and Student Masks - Latest Developments 1:14 – San Diego Unified School District federal court vaccine litigation; John Doe, et al., Applicants v. San Diego Unified School District, et al. 4:28 – Student mask mandate update 5:01 – February 25, 2022 Centers for Disease Control and Prevention (CDC) new guidance 7:48 – California Department of Public Health (CDPH) February 28, 2022 announcement 8:30 – February 28, 2022 Governor Executive Order N-5-22 8:59 – Emergency temporary standards (Cal. Code of Regulations Title 8, Section 3205) 9:56 – CDPH K-12 School Guidance (unchanged) 11:05 – Public transit and school buses 12:44 – CDPH Schools FAQ   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.

 Episode 52 Personnel Actions and the March 15th Deadline – Are You Ready? | File Type: audio/mpeg | Duration: 26:21

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 fall on March 15.  This brief but information packed episode includes discussion on various types of release from employment as well as layoffs.  Additionally, this year, for the first time ever, classified layoffs are subject to the same deadline. Show Notes & References 1:13 – Non-reelection of second year probationary certificated employees 2:10 – March 15th deadlines 3:28 – First year probationary employees 3:34 – Education Code section 44929.21 4:21 – Release and reassignment notices for administrators (Ed. Code section 44951) 7:20 – Certificated layoff process 8:49 – Ed. code sections 44955 and 44949 9:00 – Bumping rights 10:00 – Chronology of layoffs 14:35 – Classified layoff process 16:53 – Bumping language and collective bargaining agreements (CBAs) 17:53 – Definition of permanency for classified employee layoffs 18:40 – AB 438 impacts 21:48 – CBAs and classified layoffs   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.

 Episode 51 (Part 1) Student Vaccines and Student Masks – Latest Developments | File Type: audio/mpeg | Duration: 34:29

Host Joshua Whiteside joins Lozano Smith partner Sloan Simmons to discuss the present status of student COVID-19 vaccination and student masks requirements, including the status of State directives on point and the results of litigation in these areas. Show Notes & References 0:48 – California Department of Public Health (CDPH) February 15, 2022 announcement and upcoming CDPH February 28, 2022 announcement 3:26 – Student vaccine mandate status 5:35 – SB 871 and personal exemptions 7:45 – Locally adopted vaccine mandates examples 8:36 – Los Angeles USD local mandate and legislation 9:20 – Education Code section 35160 11:37 – San Diego USD local mandate 15:05 – State court San Diego case and Let Them Choose litigation 19:00 – San Diego USD appeal and stay from Court of Appeal 22:01 – Mask mandate status 22:33 – State Public Health officer order (June 11, 2021) 23:28 – CDPH Guidance 24:02 – Health and Safety Code section 120175 and legal authority 24:37 – Superior Court case in San Diego and Let Them Breathe litigation   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.

 Episode 50 Modular Buildings: A Primer for School Districts | File Type: audio/mpeg | Duration: 43:27

Host Sloan Simmons joins Lozano Smith partner Arne Sandberg to discuss modular buildings for California school districts, including the basics about modular buildings, procurement alternatives, and new legal developments impacting this area of school construction. Show Notes & References 1:24 – Modular buildings 2:05 – Modular component buildings vs. modular portables 4:55 – Issue of permanent vs. temporary 6:10 – Modular component building examples 7:15 – Popularity and cost-efficiency 8:16 – Building plans (standard or unique designs) 9:10 – Competitive bidding and modular buildings 10:33 – Delivery methods (competitive bidding, lease-leaseback, design-build) 13:30 – Architect involvement 14:31 – Lease-leaseback method 15:16 – Davis v. Fresno Unified School Dist. (2015) 237 Cal.App.4th 261 18:16 – Lease-leaseback scoring and rating system 19:29 – Design-build vs. lease-leaseback 21:03 – Piggybacking 22:10 – Division of the State Architect (DSA) 22:13 – Office of Public School Construction (OPSC) 22:54 – Public Construction Code section 20118 24:52 – Vendor involvement in piggybacking 26:30 – Modulars and personal property 26:43 – Attorney General opinion: 89 Ops.Cal.Atty.Gen. 1 (#05-405, January 24, 2006) 28:50 – Report of the Executive Officer, State Allocation Board Meeting, December 8, 2004 30:55 – OPSC e-mail to school districts and county offices of education (July 2021) 31:55 – Coalition for Adequate School Housing (CASH) 33:48 – Permanent vs. temporary foundations for modular portables 40:25 – Critical 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.

 Episode 49 Preparing for the New Year: New Student Laws In Effect Now and in 2022 and Beyond | File Type: audio/mpeg | Duration: 29:16

Host Joshua Whiteside joins Lozano Smith attorney Ruth Mendyk to discuss updates and new obligations facing educational agencies now and during the second half of the 2021-22 school year. This discussion includes a review of important legislation from the Fall 2021 legislative session. Show Notes & References 2:30 – Education Code 48205 - Excused absences 2:50 – Senate Bill (SB) 14 (urgency) - Excused absences for mental or behavioral health 6:46 – Assembly Bill (AB) 516 - Excused absences for cultural ceremonies and events 9:13 – SB 254 – September 11th remembrance exercises and observations 11:24 – AB 27 (urgency) – Website posting requirement for liaison and related homeless information 12:11 – SB 400 – Housing questionnaire and rights/resources for homeless students 14:26 – AB 132 – Ensure student completion of FAFSA form (Free Application for Federal Student Aid), alternate form, or opt-out 17:25 – AB 104 – Grade change requests, student retention, and exemptions from graduation requirements 20:54 – AB 101 – Ethnic studies   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.

 Episode 48 COVID-19 School Closures: Compensatory Education in the Special Education Context | File Type: audio/mpeg | Duration: 26:16

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.

 Episode 47 The Supreme Court Speaks: Guidelines for Regulation of Student Off-Campus Speech | File Type: audio/mpeg | Duration: 1:04:00

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.

 Episode 46 California’s “Reopening” and the Future of Public Meetings Under the Brown Act | File Type: audio/mpeg | Duration: 47:14

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.

 Episode 45 Charter School Reforms in the COVID-19 Era | File Type: audio/mpeg | Duration: 40:43

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.

 Episode 44 EIFD and Tax Increment – A Public Finance Practitioner Discussion of the Enhanced Infrastructure Financing District Financing Tool | File Type: audio/mpeg | Duration: 41:48

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.

 Episode 43 Catching Up, and Looking Forward: Student Issues After a Year of COVID-19 and Heading Back to School in 2021-2022 | File Type: audio/mpeg | Duration: 49:05

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.

 Episode 42: Return to School in the COVID-19 Era – Student Athletics Issues (Part 3) | File Type: audio/mpeg | Duration: 24:48

Host Sloan Simmons talks with Lozano Smith attorneys Ruth Mendyk and Chelsea Olson Murphy about the latest developments on COVID-19 and student athletics, with a focus on the most recent guidance from the California Interscholastic Federation (CIF), as well as other state public health directives and guidance heading into the 2020-2021 school year. Updates UPDATE 12/1/2020 – CIF puts hold on start date for full practice and competition for Education Based Athletics: https://cifstate.org/covid-19/12.1.20_release Since recording this podcast, the California Department of Public Health updated its publication for Schools and School Based Programs to add COVID-19 guidance on Sports and Extra Curricular Activities.  A copy of this August 3, 2020 CDPH COVID-19 Guidance: Schools and School Based Programs is accessible here: https://files.covid19.ca.gov/pdf/guidance-schools.pdf.  Additionally, CIF has established a COVID-19 Resources page accessible here: https://www.cifstate.org/covid-19/index. Show Notes & References 1:56 – California Interscholastic Federation (CIF) Guidance (July 20, 2020) 5:24 – 2020-21 Seasons of Sports and Calendar Dates 7:17 – Participation and Competition With Outside Teams 9:56 – Thirty day waiver for physical examinations for CIF participation in fall sports (Client News Brief 53: July 2020) 11:18 – Waivers and Notices 13:42 – K-8 and unified school district sports programs 15:26 – Coaches and employment issues 18:53 – Summer athletic activities 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.

 Episode 41: Return to School in the COVID-19 Era – Special Education Issues (Part 2) | File Type: audio/mpeg | Duration: 21:28

Host Sloan Simmons talks with Lozano Smith Special Education attorneys Alyssa Bivins and Marcy Gutierrez about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year. Show Notes & References 1:40 – California Department of Public Health Guidance (July 17, 2020) 2:13 – Senate Bill (SB) 98 2:25 – Emergency Plans and IEPs 10:00 – Impact of extended school closures 11:34 – Instructional Minutes 13:29 – Masks 15:18 – In-Person vs. Distance Learning 17:45 – Compensatory Education 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.

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