Ryan P. Tung is Senior Counsel in Lozano Smith's Walnut Creek Office, and co-chair of the firm’s Charter School Practice Group. Mr. Tung’s practice focuses on charter schools, special education/student issues, school district reorganization, and work place investigations.
Mr. Tung is experienced in all aspects of charter school law, including drafting and negotiating MOUs, charter reviews, assisting clients with Prop. 39 facility requests, charter oversight, facility issues, petition review and revocation. He assists clients with a wide variety of special education and student related issues, including IEP meetings, mediations, due process hearings, and OCR investigations.
Mr. Tung frequently advises clients on a wide variety of school district reorganization issues including school district unifications and territory transfers. He also assists clients in a broad range of school board election issues, including transitions to trustee area elections, transitions from odd to even year elections, and reductions of school board membership.
Prior to joining the firm in 2013, Mr. Tung served as a legal extern for a large California school district, as well as a volunteer mediator for the San Francisco Superior Court.
Mr. Tung received his Juris Doctor degree (cum laude
) from University of California, Hastings College of the Law, where he was a recipient of the Moot Court Best Brief award, as well as a Staff Editor for the Hastings Business Law Journal. He received numerous CALI Awards and Witkin Awards, including Education Law, Effective Representation in Mediation, and Roles and Ethics. He earned his Bachelor of Arts degree from the University of California at San Diego, where he majored in International Studies and received a minor in United States history.
A California appellate court has published a decision affirming that charter schools must obtain separate approvals for new initial petitions, charter renewals, and material revisions to charter school petitions. InToday's Fresh Start Charter School v. Inglewood Unified School District, et al. (Feb. 7, 2018, Case No. B280986) ___ Cal.App.5th ___, the Second District Court of Appeal issued a published decision, concluding that:
(1) Charter schools may not use a renewal p...
Now that the California Supreme Court has directly addressed the universe of records accessible under the Public Records Act, it is more important than ever that school district employees and elected officials familiarize themselves with their obligations in retaining school district records to ensure that emails, texts and other electronic communications made or stored in private devices and accounts are maintained in accordance with these obligations. This article outlines California regul...
The Third District Court of Appeal’s decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 (Anderson) is now binding law in California. Following successful legal argument by Lozano Smith, the court, on October 17, 2016, confirmed that the geographic and site limitations of the Charter Schools Act (Act) are applicable to all charter schools, including “nonclassroom-based” programs. On January 18, ...
On September 30, 2016, Governor Jerry Brown vetoed Assembly Bill (AB) 709, which would have expressly required California charter schools to comply with the same transparency and conflict of interest requirements as traditional public school districts.
With recent reports of mismanagement by charter school governing boards across the state, there is constant discussion as to which conflict of interest and transparency laws apply to charter schools. AB 709 specifically...
The Department of Justice recently released revisions to the regulations implementing the Americans with Disabilities Act (ADA) Amendments of 2008, which went into effect on January 1, 2009. The 2008 amendments were passed by Congress in response to various Supreme Court cases which denied protection to individuals under the ADA based, in part, on a finding that the individuals failed to qualify as "disabled" under the law. The purpose of the newly released revisions...
Two recent cases involving high profile public officials highlight the reach of Government Code section 1090. Government Code section 1090 prohibits conflicts of interest, self-dealing and corruption among public entity officials.
Sweetwater Union School District v. Gilbane Building Company (February 24, 2016) 245 Cal.App.4th 19, sprang from one of the largest political corruption scandals in San Diego County history, in which construction vendors provided gifts to...
Small school districts sometimes have difficulty finding people to fill all seats on a five member board. To address this issue, the California legislature recently passed Assembly Bill (AB) 331, providing county committees on school district organization (County Committees) the authority to decrease school district governing boards from five members to three members in districts with an average daily attendance (ADA) of less than 300 during the preceding year. Spe...
A federal district court recently ruled that a school district and its employees did not violate the Americans with Disabilities Act of 2008 (ADA) or Section 504 of the Rehabilitation Act of 1973 (Section 504) when they filed reports of parental child abuse with child welfare authorities. (Thomas E. Smith v. Harrington, Ph.D et al (March 27, 2015) 2015 U.S. Dist. Lexis 39628.) In Smith, a parent claimed that the child abuse reports were filed in retaliation for his a...
The California Supreme Court has weighed in on Proposition 39, the law that requires school districts to provide facilities to charter schools.
In California Charter Schools Association v. Los Angeles Unified School District (April 9, 2015) S208611, the California Charter School's Association (CCSA) filed suit against the Los Angeles Unified School District (LAUSD), alleging that the use of "norming ratios" to calculate classroom allocations to charter schools in r...
February 2015Number 3 The Public Employment Relations Board (PERB) recently held that a public school employer violated the Educational Employment Relations Act (EERA) when it issued a notice of paid administrative leave to an employee which directed him not to contact faculty, staff, or students during the employer's workplace investigation. (Los Angeles Community College District (2014) PERB Decision No. 2404-E.) In this case, Carlos Perez, an adjunct electronics instructor, was placed on p...