Michelle L. Cannon

Partner | Sacramento

Attorney Insights

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

Overview

Michelle L. Cannon is a Partner in Lozano Smith's Sacramento office who works closely with school districts, county offices of education and community colleges in all areas of education law. She is an active member in the Labor & Employment, Students, Community Colleges, Charter Schools and Litigation Practice Groups. Ms. Cannon represents clients in all areas of education law, and has extensive experience in board governance, labor and personnel-related matters, student discipline, and charter school facilities. She was named a Northern California Super Lawyer each year from 2013 to 2017.

Ms. Cannon's practice focuses on representing public entity clients in the following areas:
  • General governance
  • Brown Act issues
  • Conflicts of interest
  • Public Records Act
  • Labor and personnel-related matters
  • Employee discipline and dismissal
  • Collective bargaining
  • First Amendment issues
  • Investigation of discrimination and harassment complaints
  • Certificated and classified employee issues
  • Student issues
  • Student discipline
  • First Amendment issues
  • Search and seizure related to students
  • Charter school issues
  • Review of charter petitions
  • Revocation of charters
  • Charter school facilities
  • Litigation
  • Sexual discrimination
  • Sexual harassment
  • Wrongful termination
  • First Amendment issues
  • 42 U.S.C. section 1983 claims
  • Contract disputes
  • Writs and appeals in both state and federal courts

Additional Experience

Michelle has worked extensively in the collective bargaining arena in various roles. These roles include, but are not limited to, working as a facilitator in Interest Based Bargaining, acting as lead negotiator in the creation of new contracts, and advising clients through impasse proceedings.

Ms. Cannon has also prosecuted numerous successful permanent certificated and classified termination proceedings. Ms. Cannon was recently published in the Daily Journal as a co-author of an article entitled "The Right to Education in California: It's for the Legislature to Decide Education Policy."

Presenter Experience

Ms. Cannon is a frequent speaker at workshops and CSBA and ACSA conferences. She regularly presents on topics such as sexual harassment prevention training, board issues, including the Brown Act and conflicts of interest, collective bargaining, discrimination, employee discipline and dismissals, student discipline, certificated employee lay off procedures, First Amendment issues, and charter schools.

Professional Affiliations

  • Board Member, Roseville Chamber of Commerce
  • Board Member, Roseville City School District Foundation
  • Member, California School Boards Association
  • Member, California Council of School Attorneys
  • Member, Placer County Bar Association
  • Member, Sacramento County Bar Association
  • Member, California State Bar Association
  • Member, Animal Legal Defense Fund

Education

Ms. Cannon received her law degree from the University of the Pacific, McGeorge School of Law. She earned a B.A. from St. Mary's College of California.

New Requirements for Placing Community College Employees on Paid Leave

By: Michelle CannonAria Link-

November 2017 Number 73 Assembly Bill (AB) 1651 adds a new hurdle community college districts must clear before placing an academic employee on paid administrative leave. AB 1651 specifies new requirements for placing academic employees on paid administrative leave, including two days' advance notice of such a placement unless an exception applies. The bill becomes effective January 1, 2018. Academic employees are individuals employed by a community college district in academic positio...

Significant New Title IX Guidance on Handling Sexual Misconduct: What Schools Need to Know

By: Michelle CannonTrevin SimsStephanie White-

October 2017 Number 56 New guidance on schools' responsibilities for addressing claims of sexual misconduct under Title IX places greater emphasis on the rights of those accused of sexual misconduct. The new guidance marks a significant departure from prior guidance but lacks details, creating the potential for many issues requiring legal consultation. On September 22, the United States Department of Education issued interim guidance on schools' responsibilities in addressing sexual mi...

Court Reaffirms Undocumented Students' Eligibility for Higher Education Aid Programs

By: Michelle CannonSteve Ngo-

February 2017 Number 6 The Second District Court of Appeal has rejected arguments that sought to bar the University of California (UC) from making certain financial aid programs available to undocumented students. In decidingDe Vries v. Regents of University of California (2016) 6 Cal.App.5th 574, the appellate court has reaffirmed undocumented students' eligibility for such programs. As some colleges express concern about the potential for federal policies that could impact their undocumen...

Governor Signs New Law Requiring Schools to Adopt Pupil Suicide Prevention Policies

By: Michelle Cannon-

October 2016 Number 82 Governor Jerry Brown has signed Assembly Bill (AB) 2246, which requires all county offices of education, school districts, state special schools and charter schools serving pupils in grades 7-12 to adopt pupil suicide prevention policies. Signed into law during National Suicide Prevention Awareness Month, AB 2246 represents an effort to address rising youth suicide rates. AB 2246 contains a number of requirements that local educational agencies (LEAs) must follow...

A Recent Federal Court Ruling Clarifies that Discrimination Claims Based on Sexual Orientation Are Covered Under Title IX as Sex Discrimination Claims

By: Michelle CannonStephanie White-

February 2016 Number 7 The United States District Court in Videckis v. Pepperdine University, (C.D. Cal, December 15, 2015) 2015 U.S. Dist. Lexis 167672, recently addressed the question of whether discrimination on the basis of sexual orientation is actionable under Title IX of the Education Amendments of 1972 (Title IX). In its decision, the court denounced any distinction prior courts have made between "sex discrimination" and "sexual orientation discrimination," and ruled that such a dist...

State Monitoring of Title IX Compliance is Beginning

By: Michael SmithMichelle CannonMaryn Oyoung-

December 2015 Number 76 The California Department of Education recently issued the 2015-2016 Education Equity program instrument (Guidance), which is used to monitor a local educational agency's (LEA) compliance with laws on equity in the treatment of students. Of particular note, the Guidance identifies a new Title IX reporting requirement that was enacted by Senate Bill (SB) 1349 in 2014. SB 1349 added section 221.9 to the Education Code, which requires that beginning with the 2015-2...

12 Weeks of Differential Pay Now Available for Certificated Employees on CFRA Maternity/Paternity Leave

By: Darren KameyaMichelle CannonGabriela Flowers-

October 2015 Number 56 On October 1, 2015, Governor Jerry Brown signed Assembly Bill (AB) 375, which creates a right to twelve weeks of differential pay for certificated employees who take maternity or paternity leave under the California Family Rights Act (CFRA). Until this bill, the CFRA only provided for an unpaid leave of absence for baby-bonding. Effective January 1, 2016, AB 375 adds Education Code section 44977.5 which establishes the right to differential leave for up to twelve...

Staying Under the Umbrella: Board Members’ Obligations and Immunities

By: Michelle Cannon-

Attorney Michelle L. Cannon presents an overview and summary of school board members’ obligations and immunities under California Law. (13:38) Watch Individual Sections Part 1 of 3 - (4:48) In this part: Definitions and exceptions to immunities. Board member obligations, and immunities for a board member if he or she fails to fulfill these obligations. Overview of the general rules governing immunity. Principal immunity statute. Part 2 of 3 - (3:15) In this part: Diffe...

Significant Cases

  • Cole v. Oroville Union High School District (9th Cir. 2000) 228 F.3d 1092 - Assisted in the successful defense of a Northern California school district's decision not to allow graduates to deliver a sectarian invocation and proselytizing co-valedictorian speech.

  • PLANS, Inc. v. Sacramento City Unified School District (9th Cir. 2003) 319 F.3d 504 - Successfully defended the school district's innovative Waldorf Methods instruction in public schools.