College administrators need partners who understand their world - the dynamic relationship between faculty and administration, the challenges of ensuring a stable and well-regulated student community, the expanding regulatory climate affecting education, and the technology that will frame the institutions of tomorrow.
Areas of Practice
We routinely advise administrators on compliance, best practices, and trends in the law uniquely affecting community colleges. These areas include:
- Institutional policies, including Employee, Faculty and Student Handbooks
- Admissions policies and practices
- Financial aid and scholarships
- Construction advice and litigation
- Construction agreements and facilities finance
- Labor negotiations
- Compliance with laws regulating classified and certificated employees
- Wage and hour compliance
- Severance and separation agreements
- Technology and software licensing agreements
- Third-party vendor and multi-institution contracts
- Online education contracting
- Regulatory compliance
- Fundraising and development
- Governance
- Bond counsel services
- Real Property
- Environmental Issues
Lozano Smith clients consistently turn to the Community College Practice Group for guidance in every aspect of claims and litigation. They assist this specialized group of clientele with:
- Employment litigation
- Harassment and discrimination complaints
- Student code of conduct violations and proceedings
- Tenure disputes
- First Amendment claims
- Layoff proceedings
- Labor arbitrations
- Breach of contract claims
- Embezzlement/fraud issues
- Unfair business practices claims
- Premises liability claims
- Vendor disputes
Investigations - Learn more
The inherent seriousness and sensitivity of workplace investigations often obligates an employer to hire an independent investigator to conduct a prompt and comprehensive investigation. Lozano Smith's Investigative Services Team, a specialist group within our Labor & Employment Practice Group, recognizes the challenges that come with investigations of employee, student, and parent complaints. These attorneys have expertly served as investigators and advisors to clients on a broad range of complaints and can help your district to navigate the investigations process. Working alongside K-12 school districts, community colleges, universities and other public agencies, the Investigative Services Team supports management in reviewing and responding to employee, student, and parent complaints in a fair, impartial, and legally compliant manner.
Title IX Impact Team
Title IX has taken center stage on a number of fronts. Long before the national attention, Lozano Smith’s Title IX Impact Team was formed as a specialized group dedicated to the pressing issues faced by school districts. From athletics to sexual violence, this team advises, trains, and educates clients on the various components of Title IX – from prevention and mitigation to investigation and response. The Title IX Impact Team draws from multiple practice groups and focuses to streamline advice and counsel. Areas in which the group provides advice and training include:
- Audit of athletic programs
- Audit of grievance procedures and policies
- Discipline of employees and students
- Sexual misconduct and harassment
- Student and employee protections
- Investigations
- Title IX Coordinator roles and responsibilities
- District and employee liability
- Interaction with law enforcement agencies
- Litigation
Real World Applications
By working with attorneys who specialize in the law of higher education, colleges save time and money, and can trust that the attorneys they are speaking to already understand their world. The Group's practical experience translates into proven, efficient solutions.
Progressive Design-Build Authority Has Been Expanded for Local Public Agencies
February 2024Number 11The start to 2024 brings with it some exciting changes regarding the accessibility of the progressive design-build (PDB) construction delivery method to California cities, counties, special districts, and transit districts. Before last year, there was ambiguity in the law as to whether PDB was available to local public entities for public works projects. Effective January 1, 2023, the Legislature allowed K-12 school districts to use PDB for any project over $5 million, a...
New Bill Addresses Independent Contractor Conflicts of Interest and Provides Safe Harbor
February 2024Number 10Assembly Bill (AB) 334, which became effective on January 1, 2024, clarifies conflict of interest rules for independent contractors, particularly in relation to projects that have multiple phases.BackgroundGovernment Code section 1090 (Section 1090) generally prohibits public officials and employees from having personal financial interest in contracts made in their official capacities and imposes severe penalties for violations, including voiding of contracts, civil pena...
A Series of New Laws Revise Surplus Land Act Procedures for Local Agencies
January 2024Number 3In October 2023, Governor Newsom signed a collection of bills making significant changes to the Surplus Land Act.The Surplus Land Act requires local agencies to complete certain procedures before disposing of surplus land, either by sale or lease. These procedures include (among a host of others) taking formal action in a public meeting to declare the land surplus, and providing notice to certain entities prior to the disposal of surplus land. There are several statutory ...
Bid Thresholds Raised for 2024
December 2023Number 48According to the California Department of Education Office of Financial Accountability and Information Services, pursuant to Public Contract Code section 20111(a), the bid threshold for K-12 school districts' purchases of equipment, materials, supplies and services (except construction services) has been adjusted to $114,500, effective January 1, 2024. The notice may be viewed here.The California Community Colleges Chancellor’s Office is expected to announce a simi...
Ninth Circuit Confirms Title IX Protections for Perceived Sexual Orientation
August 2023Number 29The U.S. Court of Appeals for the Ninth Circuit recently held that Title IX of the Education Amendments Act of 1972 prohibits discrimination on the basis of perceived sexual orientation. BackgroundIn Grabowski v. Arizona Board of Regents (9th Cir. June 13, 2023) Case No. 22-15714, Michael Grabowski alleged that while he was a “first-year student-athlete, his teammates subjected him to frequent ‘sexual and homophobic bullying’ because they perceived h...
Legislature Launches Pilot Program Allowing CMAS Contracts for Installation of Certain Materials SB 1422
July 2023Number 26Senate Bill (SB) 1422, signed by the Governor in September 2022, permits State and local agencies, including school districts and community college districts, to use State-approved California Multiple Award Schedule (CMAS) contracts for the installation, or purchase and installation, of resilient flooring, carpet, lighting fixtures, and synthetic turfs, which have limitations that are different from standard CMAS contracts.BackgroundExisting law allows local agencies to use ...
California Supreme Court Clarifies What Constitutes a "Protected Disclosure" for Whistleblower Claims Under Labor Code Section 1102.5
June 2023Number 23On May 22, 2023, the California Supreme Court issued an opinion further delineating the analysis for retaliation claims under Labor Code section 1102.5. In People ex rel. Garcia Brower v. Kolla’s, Inc. (2023) 529 P.3d 49) (Kolla’s), the California Supreme Court held that “a protected disclosure under [Labor Code] section 1102.5(b) encompasses reports or complaints of a violation made to an employer or agency even if the recipient already knows of the ...