Jessi T. Gasbarro

Associate | Sacramento

Attorney Insights

jgasbarro@lozanosmith.com
Tel: 916.329.7433
Fax: 916.329.9050
Vcard   | Bio

Overview
Jessi T. Gasbarro is an Associate in Lozano Smith's Sacramento office. She represents public schools and other educational agencies in special education issues and litigation. She has experience in both federal and state court covering special education and other student issues. Her practice also includes student and employee disciplinary actions, and she has conducted several internal investigations on issues ranging from gender discrimination to sexual abuse.

Additional Experience
Ms. Gasbarro has experience with legal research and writing, advising clients on federal and state law compliance, motion drafting, mediations, settlement negotiations, and due process hearings. She also has experience in general education law, including advising board members on Brown Act Compliance, employment issues, and school district facilities and financing.

Education
Ms. Gasbarro earned her J.D. from Whittier Law School. While in law school, she was a fellow for the Whittier Law School Center for Children's Rights and a research editor on the Law Review. She received a B.A. from the University of California, Davis.

Best Practices for Conducting Investigations

By: Sarah KaatzJessi Gasbarro-

There are many situations in which school districts are tasked with investigating complaints. These complaints may involve employee misconduct, uniform complaint procedures (“UCP”) and sexual harassment, or student matters, to name a few. While different types of investigations will have their own nuances, there are many practices that are essential for all investigations. Since an effective investigation can prevent costly litigation and liability, following the best practices descri...

Ninth Circuit Holds that Medically Necessary Occupational Therapy Services Are "Related Services" Under the IDEA

By: Marcy GutierrezJessi Gasbarro-

June 2016 Number 37 In a recent decision, Douglas v. California Office of Administrative Hearings (9th Cir., May 13, 2016, No. 15-15261) __ Fed.Appx. __ [2016 U.S.App. LEXIS 8844], the Ninth Circuit Court of Appeals confirmed that occupational therapy services, whether educationally or medically necessary, are "related services" under the Individuals with Disabilities Education Act (IDEA) when they are included in a student's Individualized Education Plan (IEP). The appellate court als...

New Requirements for Nonvoting and Preferential Voting Pupil Board Members

By: Thomas MannielloJessi Gasbarro-

October 2015 Number 62 Effective January 1, 2016, Senate Bill (SB) 532 reinforces pupil governing board memberships. Applicable only to school districts that operate a high school, SB 532 requires that:Upon receipt of a petition, the governing board must appoint a qualified pupil petitioner to the board within 60 days of receipt of the petition or at the next regularly scheduled board meeting if no meeting is held within 60 days; and In order to remove the nonvoting or preferential vo...

New Requirements for Nonvoting and Preferential Voting Pupil Board Members

By: Thomas MannielloJessi Gasbarro-

October 2015 Number 62 Effective January 1, 2016, Senate Bill (SB) 532 reinforces pupil governing board memberships. Applicable only to school districts that operate a high school, SB 532 requires that:Upon receipt of a petition, the governing board must appoint a qualified pupil petitioner to the board within 60 days of receipt of the petition or at the next regularly scheduled board meeting if no meeting is held within 60 days; and In order to remove the nonvoting or preferential vo...

Controversial New Immunization Requirements for School-Age Children

By: Roberta RoweJessi Gasbarro-

July 2015 Number 36 On June 30, 2015, the Governor signed Senate Bill (SB) 277 into law. SB 277 eliminates personal belief and religious exemptions for vaccine requirements for school children. Previously, students attending public and private schools, including preschools and day cares, did not have to meet immunization requirements under Education Code section 48216 and Health and Safety Code sections 120325 et seq. if their parents chose to opt-out of certain vaccinations due to person...

New Compensation Disclosure Requirements for School and Special Districts Under Assembly Bill 2040

By: William Curley IIIJessi Gasbarro-

October 2014 Number 76 The Governor signed Assembly Bill (AB) 2040, which amends Government Code sections 12463 and 53892 to mandate disclosure of the compensation of school and special district elected officials, officers and employees. Starting January 1, 2015, these agencies will have new reporting and internet posting requirements to provide the public with easy access to this compensation information. For transparency, the compensation of all state, county and city elected officia...

EEOC Publishes New Guidelines Regarding Pregnancy Discrimination

By: Roberta RoweJessi Gasbarro-

July 2014 Number 42 The Equal Employment Opportunity Commission (EEOC) recently published Enforcement Guidance: Pregnancy Discrimination and Related Issues (the Guidance) regarding the federal Pregnancy Discrimination Act (PDA). The Guidance is not legally binding on employers, but can assist them in understanding their obligations toward pregnant employees. The PDA prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical co...

U.S. Supreme Court Declines to Hear Argument On K.M. v. Tustin Unified School District

By: Sloan SimmonsMarcy GutierrezJessi Gasbarro-

March 2014 Number 19 School districts must comply with the Individuals with Disabilities Education Act (IDEA) when developing an appropriate IEP for deaf or hard-of-hearing (DHH) students, and must also comply with the Americans with Disabilities Act (ADA) to ensure their needs for effective communication are met. As previously reported by Lozano Smith, in August 2013, the U.S. Ninth Circuit Court of Appeals held in K.M. v. Tustin Unified School District (9th Cir. 2013) 725 F.3d 1088, tha...

Ninth Circuit Finally Weighs in on Student Discipline for Off-Campus, Electronic Communications

By: Sloan SimmonsJessi Gasbarro-

September 2013 Number 59 In a case with particular interest for school administrators addressing issues such as bullying and threats, a federal court has ruled that school officials can discipline students at school for off-campus electronic communications. In Wynar v. Douglas County Sch. Dist. (9th Cir. 2013) __ F.3d __, 2013 WL 4566354, the United States Ninth Circuit Court of Appeals has held that a student's violent and threatening off-campus, electronic speech was not protected by th...

School District May Violate Title II of the ADA Even If Providing FAPE Under IDEA

By: Marcy GutierrezJessi Gasbarro-

August 2013 Number 50 A federal appeals court has ruled that a school district's compliance with its obligations to a deaf or hard-of-hearing student under the Individuals with Disabilities Education Act (IDEA) does not necessarily establish compliance with Title II of the Americans with Disabilities Act (ADA). The ruling by the United States Court of Appeals for the Ninth Circuit came on August 6, 2013 in a pair of consolidated cases involving two deaf and hard-of-hearing high school stu...

California Supreme Court Holds Non-Licensed School Personnel May Administer Medication, Including Insulin

By: Marcy GutierrezJessi Gasbarro-

August 2013 Number 49 On August 12, 2013, in American Nurses Ass'n. v. Torlakson (Docket No. S184583), the California Supreme Court answered the long outstanding question whether trained school district personnel are legally allowed to administer insulin to diabetic students under a Section 504 Plan or Individualized Education Program (IEP). Torlakson is an appeal from a 2010 California court of appeal decision, which held that under California law, unlicensed school personnel were not a...