Lozano Smith's Student Practice Group is recognized statewide for its steadfast, proactive and creative assistance to school districts and expertise on a broad range of student issues, due to the large number of school districts that we represent and the fact that we have represented schools for more than 35 years.
Areas of Practice
To best serve the needs and promote the success of its clients, the firm's Student Practice Group has broad expertise in:
Title IX
Lozano Smith’s Title IX Practice Area is comprised of specialists dedicated to the pressing issues faced clients. From athletics to sexual violence, this team advises, trains, and educates clients on the various components of Title IX – from prevention and mitigation to investigations resulting in disciplinary action. Areas in which the group provides advice and training include:
- Athletics, including audits of athletic programs
- Sex-based discrimination
- Pregnant and parenting students
- Single-sex education
- Issues relating to transgender and students
- Developing and auditing complaint grievance procedures and policies
- Responding to reports of sexual misconduct and harassment
- Investigating complaints of sexual misconduct and harassment
- Title IX Coordinator roles and responsibilities
- District and employee liability
- Reporting obligations
- Interaction with law enforcement agencies
- Discipline of students
- Litigation
- VAWA/Clery Act
- Trainings
Real World Applications
The Student Practice Group at Lozano Smith understands the hurdles and opportunities facing its clients, and has an unsurpassed level of experience and
expertise to protect the interests and promote the success of school districts, their staff and students. Of particular significance is the firm's
leadership in student discipline matters. Lozano Smith regularly helps districts to develop comprehensive policies and regulations aimed at preventing
student discipline problems, as well as all other policy issues impacting student rights, including student speech, student clubs, student transfers, and
student fees, to name only a few. When discipline problems do surface, the firm provides practical advice and assistance as to all aspects of suspensions,
expulsions, involuntary transfers and alternative forms of discipline.
New Laws Make It Easier for LEAs to Provide Emergency Medical Aid to Students
April 2024Number 16On October 8, 2023, Governor Newsom signed three new bills into law, making it easier for local educational agencies, including charter schools (LEAs) to provide certain forms of emergency aid to individuals in medical distress related to anaphylactic reactions (AB 1651), respiratory distress (AB 1283), and opioid overdoses (SB 234). All three bills, which went into effect January 1, 2024, are summarized below.Assembly Bill (AB) 1651 – Pupil health: Emergency Medical ...
New Legislation Expands "School of Origin" to Include Nonpublic Schools for Foster Students with IEPs
February 2024Number 9On October 13, 2023, Governor Gavin Newsom signed Assembly Bill (AB) 723, which expands the definition of “school of origin” to include nonpublic, nonsectarian schools for foster children with exceptional needs. A “nonpublic, nonsectarian school,” or NPS, means a private, nonsectarian school that is certified by the California Department of Education and enrolls individuals with exceptional needs pursuant to their individualized education programs ...
Recent Bills Focus on Preventing Opioid Overdoses
January 2024Number 5Governor Newsom recently signed Assembly Bill (AB) 889, Senate Bill (SB) 10, and SB 234, which focus on preventing opioid overdoses in California public schools.AB 889 – Annual Notice to Parents and Guardians Regarding Synthetic DrugsAB 889 requires local educational agencies (LEAs) to notify parents or guardians regarding the dangers associated with using unprescribed synthetic drugs, such as fentanyl, through updates to the annual notice. As a reminder, the annual ...
Four Bills Affecting Student Attendance Requirements
January 2024Number 1In October 2023, Governor Gavin Newsom signed four new bills into law that amend existing sections of the Education Code to extend excused absences related to attending religious retreats (AB 1503) and funeral services of immediate family members (SB 350), extend the time to determine an interdistrict transfer appeal (SB 413), and grant homeless and foster youth priority access to intersession programs (AB 373).Assembly Bill 1503 – Excused Absences for Religious Retr...
Student Health Legislation Updates
January 2024Number 4In October 2023, Governor Newsom signed into law two bills related to student health. Assembly Bill (AB) 230 expands access to menstrual products, and AB 659 requires notification to parents and guardians regarding human papillomavirus (HPV) vaccination. Senate Bill (SB) 541, which would have required public high schools to make condoms available to students at no cost, was vetoed and will not take effect.AB 230: Menstrual ProductsUnder existing law, public schools with an...
Two New Laws Related to Student Discipline Promote Recess and Restorative Justice Practices
December 2023Number 45Earlier this year, Governor Gavin Newsom signed two bills into law, both of which concern how school districts impose student discipline. Assembly Bill (AB) 1165 amends Education Code section 48900.5 to add provisions that encourage school staff to engage the victim and perpetrator of racist bullying, harassment, or intimidation, in a restorative justice practice that meets the needs of both students. Senate Bill (SB) 291, which will be enacted as Education Code section ...
SB 760 Ensures All-Gender Restrooms Are Accessible to Students
December 2023Number 46On September 23, 2023, Governor Gavin Newsom signed Senate Bill (SB) 760, which requires each school district, county office of education, and charter school maintaining any combination of classes from first grade to twelfth grade, inclusive, to provide and maintain at least one all-gender restroom for student use at every school site, by no later than July 1, 2026.SB 760 requires identifying signage to be placed outside of all-gender restrooms, and for such restrooms to...