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.
--------
31:26
--------
31:26
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.
--------
43:40
--------
43:40
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.
--------
40:15
--------
40:15
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.
--------
30:37
--------
30:37
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.
USA