In episode two of our series on Artificial Intelligence for Public Agencies and School Districts, we delve into the ways AI is revolutionizing the field of special education. Join Lozano Smith attorneys Karen M. Rezendes, Sarah L. Garcia, and Karina Demirchyan as they discuss how AI technologies are enabling a more inclusive learning environment and creating more equitable educational opportunities for students with diverse needs. We also discuss real-world applications and success stories involving AI, ethical considerations, and our future outlook regarding AI tools in special education.

Show Notes & References

• 2:12 – AI in the context of special education
• 3:38 – Individualized support and AI
• 4:35 – Legal regulations for AI
• 5:38 – Data privacy concerns
• 7:35 – Bias issues
• 8:52 – Ethical considerations and challenges
• 10:33 – AI success stories
• 17:37 – The role of AI at IEPs and other meetings with parent involvement
• 19:37 – Currently available AI supports
• 22:03 – The future of AI and special education

Visit Lozano Smith’s Artificial Intelligence page at www.lozanosmith.com/ai.php.

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

Dive into the evolving world of Artificial Intelligence (AI) with the first episode in our new series, designed to cut through the hype and uncover the real impact of AI on public agencies. Lozano Smith’s Managing Partner, Karen M. Rezendes, along with Lozano Smith attorneys Robert A. Lomeli, Karina Demirchyan, and Nicholas J. Clair, offer a foundational exploration of AI technologies like ChatGPT, Microsoft Copilot, and Google Gemini. This episode provides an accessible overview on how public employees are leveraging AI, the importance of keeping humans in the loop, and practical examples of AI in school environments and beyond. The team also addresses crucial concerns such as bias, accuracy, and the legal landscape surrounding AI, including copyright issues and cybersecurity risks. As we embark on this series, join us for essential insights and recommendations to navigate AI’s promising yet challenging terrain in public agency operations.

Show Notes & References

• 2:39 – What is generative Artificial Intelligence (AI)?
• 3:48 – Common AI platforms (ChatGPT, Anthropic Claude, Copilot, Bard/Gemini)
• 5:29 – How to access AI
• 9:44 – Observations on public employees using AI
• 14:31 – Keeping humans in the loop
• 16:17 – Examples of AI in a school environment
• 18:22 – Other opportunities for AI use by public agencies
• 21:18 – AI data privacy issues
• 23:46 – Bias in AI
• 24:49 – Accuracy issues and hallucinations
• 28:07 – Risks of not understanding AI
• 31:25 – Deepfakes and cybersecurity risks
• 36:18 – Existing and forthcoming laws and regulations (https://www.lozanosmith.com/ai.php)
• 39:03 – Copyright issues and The New York Times Company v. Microsoft Corporation, OpenAI Inc., S.D.N.Y, No. 1:23-cv-11195
• 39:42 – Liability risks
• 41:22 – Developing policies and parameters
• 43:11 – General recommendations

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

California’s vibrant food cultures and many days of sunshine means you have probably seen an individual selling food and goods from a sidewalk or street cart.  However, this entrepreneurship led to many debates about whether certain neighborhoods should be off-limits to street (or sidewalk) vendors, how many to allow, and whether brick-and-mortar businesses needed to give permission for these carts to operate nearby.  Thanks to new laws enacted in the past five years, local governments now have some answers on how they can and can’t limit these activities.  Lozano Smith attorneys Matthew M. Lear and Jack Jackson II join co-host Josh Whiteside as they cover the new laws and consider practical ways for local municipalities to interact with these vibrant vendors.

Show Notes & References

• 1:13 – What is a street (sidewalk) vendor?
• 2:47 – Senate Bill (SB) 946 and the Safe Sidewalk Vending Act
• 4:01 – Restrictions on regulating vendors
• 4:37 – City of Los Angeles lawsuit (Community Power Collective, et al. v. City of Los Angeles (22STCP04289))
• 5:34 – Health and safety inspections
• 7:01 – Penalties for unpermitted vendors
• 12:50 – Where to submit complaints
• 14:32 – California Retail Food Code (Health & Safety Code § 113700, et seq.)
• 15:21 – Compact mobile food operations (SB 972)

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

In this episode, Lozano Smith Podcast co-host Josh Whiteside has invited attorneys Amanda Savage and James McCann to provide a helpful “how-to” guide for public agencies procuring and bidding for goods, services, and other contracted work. Topics include bidding thresholds, understanding the difference between maintenance and construction, as well as brief rules of the road for piggybacking, energy service contracts, and emergency contracts.

Show Notes & References

• 1:54 – Background
• 6:20 – Municipal contracts
• 7:50 – Uniform Public Construction Cost Accounting Act (CUPCCAA)
• 9:28 – Bidding thresholds and estimates
• 10:18 – Special districts
• 11:18 – Non-public work bidding for goods and services
• 11:36 – Adopting procurement systems for cities and counties
• 12:31 – Ordinances and procurement manuals and handbooks
• 14:14 – Public transparency
• 16:01 – Educational agencies
• 17:31 – Cons of becoming a CUPCCAA district
• 19:20 – Construction in public work projects
• 19:59 – Maintenance vs. construction
• 21:05 – Thresholds for public projects vs. maintenance projects
• 24:16 – Other procurement methods (i.e. engineering or architectural services)
• 26:30 – Finalizing selections after bidding process ends
• 32:07 – Special services (i.e. legal, financial, etc.)
• 34:14 – Piggybacking
• 35:10 – Energy service contracts
• 36:24 – Emergency contracting and what qualifies
• 40:40 – Funding sources
• 42:49 – Overall thoughts and guidance

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

In this episode, Lozano Smith Podcast host Sloan Simmons discusses with Lozano Smith Student Practice Group Leaders Ruth Mendyk and Josh Whiteside important legislative updates regarding student matters resulting from the close of this year’s legislative session.

Show Notes & References

• 1:55 – Prohibition on removal of instructional materials/library books (Assembly Bill (AB) 1078) (Client News Brief 36 – November 2023)
• 3:46 – Episode 63 Getting to Know and Understand the FAIR Act (listen here)
• 4:59 – Consequences to not following AB 1078 guidelines
• 9:40 – Suspension for defiance and disruption (Senate Bill (SB) 274) (Client News Brief 37 – November 2023)
• 10:14 – Grounds for discipline (Education Code section 48900(k))
• 14:17 – California Longitudinal Pupil Achievement Data System (CALPADS)
• 14:20 – Teacher suspension from class (Ed. Code section 48910)
• 16:23 – Discipline and restorative justice practices (AB 1165) (Client News Brief 45 – December 2023)
• 19:15 – Right to recess time and repeal of Ed. Code section 44807.5 (SB 291) (Client News Brief 45 – December 2023)
• 23:48 – SB 291 and interaction with mealtime detentions
• 26:15 – Other student related legislation impacting 2024

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

Designed for new administrators and/or those new to the bargaining table, co-host Joshua Whiteside is joined by Lozano Smith attorneys Daniel McElhinney and Kara Walton to discuss the basics of bargaining.  Topics include figuring out who should be on the bargaining team, how to identify a lead negotiator, what type of contract negotiations can occur, and strategies to foster good processes and outcomes.

Show Notes & References

• 2:35 – Preparing for negotiations
• 3:38 – Educational Employment Relations Act (EERA or Rodda Act)
• 5:34 – New administrators joining the bargaining team
• 8:02 – Superintendents in negotiations
• 8:47 – Board members in negotiations
• 10:41 – Identifying your lead negotiator
• 11:43 – Open vs. closed contract negotiations; successor and reopener negotiations
• 15:03 – Negotiations outside of the contract
• 16:37 – Representing interests on both sides of the table
• 19:13 – Strategies to foster good will
• 21:36 – Labor management team meetings
• 22:05 – The role of legal counsel
• 23:39 – Final thoughts

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

Join Lozano Smith Podcast host Sloan Simmons for a discussion with Partner attorneys Daniel Maruccia and Harold Freiman regarding Citizen Bond Oversight Committees. This podcast provides an insightful primer into such committees, including their purpose, applicable requirements, and commonly asked questions and issues.

Show Notes & References

• 1:47 – Overview of CBOCs (Citizen Bond Oversight Committees) and why they exist
• 4:21 – Required minimum number of committee members
• 5:59 – CBOCs and similarities to Brown Act committees
• 7:59 – Prop 39 (2000) and passing bonds with 55% approval
• 8:34 – Impact of Prop 39 on bond measure passage
• 9:09 – Roles and responsibilities of CBOCs
• 9:43 – Mission creep
• 17:09 – Administrative and technical support for CBOCs
• 19:23 – Contra Costa County Grand Jury Report and CBOCs going beyond their roles
• 21:57 – Common issues and questions
• 26:41 – Filling committee seats and member eligibility rules
• 32:40 – Simultaneous bond measures
• 36:30 – Bond program lengths and what happens to CBOCs after bond funds are spent
• 39:33 – Closing thoughts

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

Join host Sloan Simmons in this Lozano Smith podcast in which Partner Thomas Gauthier discusses annual organizational meetings for school districts.  This timely discussion provides insights into the structure and purpose to these meetings, which take place every December.

Show Notes & References

• 1:03 – Basic overview of organizational meetings
• 2:19 – Education Code sections 1009 and 35143
• 2:55 – Board Bylaw 9100 and electing board officers
• 3:42 – Vice President and Clerk roles
• 4:54 – The six requirements of Board Bylaw 9100
• 6:52 – Election and nomination process for officers
• 9:57 – Failed nomination scenario
• 11:23 – Risks of not following bylaws and policies
• 12:57 – Flexibly for holding elections outside of annual meeting (Education Code section 35160)
• 14:47 – Officer duties
• 15:10 – Board President duties (Board Bylaw 9121)
• 17:50 – Clerk/Vice President duties (Board Bylaw 9123)
• 19:01 – Signature authorizations (Board Bylaw 9122)
• 19:33 – Adopting schedule of regular meetings (Board Bylaw 9100 and the Brown Act)

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

Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID.  In this episode they discuss inclusive environments, recent case law, and next steps for the future.  Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.

Show Notes & References

• 1:26 – What is inclusion?
• 2:38 – The history of inclusion and why it matters
• 2:54 – Individuals with Disabilities Education Act (IDEA)
• 7:07 – Inclusion levels in classrooms
• 8:40 – What an inclusive environment should look like
• 10:36 – Least Restrictive Environment (LRE)
• 11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
• 13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 – April 2023)
• 18:40 – Learning recovery and addressing disparities
• 21:45 – Referrals for inclusion programs
• 22:32 – Social Emotional Learning (SEL) curriculum
• 23:15 – Next steps for the future
• 25:14 – Multi-Tiered System of Supports (MTSS)
• 26:48 – Behavior, discipline, and support for students and teachers in the classroom
• 33:38 – Check-in’s and coming back
• 35:26 – Final thoughts

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

In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education attorneys Kendra Tovey and Amanda Cordova regarding independent study in the context of special education students in light of the now existing independent study legal framework post-pandemic.

Show Notes & References

• 1:06 – Special education students participation in Independent Study (IS) (Client News Brief 39 – August 2022)
• 2:16 – Transitioning back from distance learning
• 3:45 – Responding to IS requests
• 4:26 – Free Appropriate Public Education (FAPE)
• 6:13 – Least Restrictive Environment (LRE)
• 8:34 – Amending Individualized Educational Plans (IEPs) to provide a FAPE during IS
• 9:17 – Changing placement and other considerations
• 10:08 – E. E. et al. v. State of California et al. (N.D. Cal.) Case No. 21-cv-07585-SI (2022 WL 16752080)
• 13:47 – Providing services to students participating in IS
• 15:40 – (Nonpublic Agency) NPA
• 16:24 – District obligations to provide in-home supports and services
• 19:07 – Increase in requests for IS

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

With the ever-growing demand for housing in California, many local governments are turning to Accessory Dwelling Units (“ADUs”). Host Joshua Whiteside joins Lozano Smith attorneys Jennifer Thompson and Kevin Serrano to examine the housing situation in California, benefits and challenges of ADUs to cities and local agencies, ADU requirements, and latest trends.

Show Notes & References

• 1:29 – The housing situation in California
• 2:22 – What is an ADU (Accessory Dwelling Unit)
• 3:04 – ADUs and parking
• 6:03 – Lot sizing
• 8:25 – ADU approvals
• 10:04 – Homeowner associations and ADUs
• 12:41 – Benefits to cities and local agencies
• 13:31 – Impact fees
• 15:58 – Zoning and requirements for ADUs
• 22:36 – JADU (Junior Accessory Dwelling Unit)
• 24:44 – Closing thoughts

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