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Let’s Talk - Lozano Smith Podcast: Daily Summaries Delivered
by Lozano Smith
Discussing changes in the law and legal decisions that affect public agencies.
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- 2 days ago33 min
E104 Supreme Court Weighs 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.
- 1 weeks ago30 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.
- Jun 12, 202623 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, 202540 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, 202526 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, 202540 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 <a href="https://www.lozanosmith.com/news-cl
- Dec 1, 20251h 0m
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 Cali
- Nov 19, 202545 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.
About Let’s Talk - Lozano Smith Podcast
Discussing changes in the law and legal decisions that affect public agencies.
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