Joshua Whiteside is an Associate in Lozano Smith’s Fresno Office. Mr. Whiteside provide a wide array of services to school district clients, with a focus on Labor and Employment, Special Education, and Student issues, such as employee and student free speech, IDEA and Section 504 compliance, immigration matters, social media use, and transgender student rights.
Prior to joining Lozano Smith, Mr. Whiteside was a full-time legal aid attorney, where he counseled and represented low-income and homeless clients in civil disputes involving landlord-tenant, consumer debt, domestic violence, immigration, public benefits, special education, and workplace discrimination matters. During law school, he interned for a prominent immigration firm in Orange County, assisting with family and employment-based immigration applications and visas.
Mr. Whiteside earned his J.D. degree from Chapman University School of Law. He received a B.A. in History from the University of California, San Diego.
The Federal Bureau of Investigations (FBI) and the United States Secret Service's National Threat Assessment Center (NTAC) have released two important documents that offer insight into the pre-attack behavior of shooters and advice to help prevent targeted school violence through the use of threat assessments.
The FBI report
The FBI report, which was issued in June, is part of an FBI initiative to understand why shootings in confined and populated areas, like s...
On June 4, 2018, the United States Supreme Court decided theMasterpiece Cakeshop v. Colorado Civil Rights Commission case in a 7-2 decision. While this case had the potential to provide new guidance on the complex intersection between the rights of LGBTQ+ individuals and the rights of individuals to religious freedom, Justice Anthony Kennedy's opinion is narrow and leaves many questions unanswered. The Court's limited ruling is largely based upon the underlying facts o...
The Ninth Circuit ruled in Rizo v. Yovino that using an employee's prior salary as a basis for establishing their initial salary is a violation of the federal Equal Pay Act.
The decision is based on a policy adopted by the Fresno County Office of Education, which determined a new employee's initial salary by adding 5 percent to their previous salary. The Ninth Circuit found that this policy was impermissibly based on sex, in violation of the federal Equal Pay Act, b...
On October 15, 2017, Governor Jerry Brown signed Senate Bill (SB) 179, known as the "Gender Recognition Act," which adds a "nonbinary" gender option to state driver's licenses, identification cards, and birth certificates. Most of this bill's provisions are set to take effect on September 1, 2018, including a provision allowing an individual to petition a California court to recognize their gender as nonbinary, which would then allow them to subsequently request a new...
A federal district court has ruled that schools may discipline students for "liking" offensive, targeted social media posts.
In Shen v. Albany Unified School District, a Northern California district court concluded that a school could discipline students for liking or for writing approving comments on racist and offensive social media posts targeted at other students, even if the posts were created off campus. However, the court also ruled that the school's addi...
On October 3, 2017, Governor Jerry Brown signed Assembly Bill (AB) 667, which generally requires schools to inform students about other means of correction that were attempted before suspending a student at the mandatory informal disciplinary conferences. This bill takes effect January 1, 2018.
Education Code section 48911, subdivision (b), requires a student being suspended to be informed during the mandatory informal pre-suspension conference of the reason for ...
Under existing law, school districts enjoy wide discretion in setting the terms for rejection and revocation of an interdistrict transfer under Education Code section 46600 et seq. Terms of transfer revocation are typically clearly specified in a transfer agreement between two school districts. Rejection and revocation of interdistrict transfers cannot be based on any discriminatory or other unlawful basis. Students denied an interdistrict transfer may appeal the de...
Local educational agencies (LEAs) that participate in the national school lunch and school breakfast programs must update their school wellness policies to include new requirements for the 2017-18 school year. The requirements were included in regulations finalized by the U.S. Department of Agriculture (USDA) Food and Nutrition Service in 2016.
LEAs that participate in federal breakfast and lunch programs are required to create school wellness policies that describe...
U.S. Attorney General Jeff Sessions provided clarity on which federal funding would be subject to a withholding for implementing "sanctuary" policies that direct employees to refuse to communicate with, or frustrate communication of immigration status information to, Immigration and Customs Enforcement (ICE) as required by federal law.
On May 22, 2017, the Attorney General issued a memorandum regarding one of President Donald J. Trump's executive orders that would w...
On July 27, 2016, the United States Department of Education (DOE) issued non-regulatory guidance to the nation's schools addressing changes to the Elementary and Secondary Education Act of 1965 as implemented by the Every Student Succeeds Act of 2015 (ESSA) to the definition of homeless students under the McKinney-Vento Act (42 U.S.C. § 11301 et seq.). The guidance addresses state and local requirements for educating homeless youth, including local educational ...
On July 25, 2016, Governor Jerry Brown signed two Assembly bills related to K-12 school district student attendance. Assembly Bill (AB) 2537 indefinitely extends Education Code section 48204 subdivision (b), which permits a student to attend school near where their parent works. Assembly Bill (AB) 1593 makes a student's attendance at a naturalization ceremony an excused absence.
AB 2537: Interdistrict Transfers Because of Parent Employment to Continue Indefinitely...