Alyssa R. Bivins

Associate | Sacramento

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Tel: 916.329.7433
Fax: 916.329.9050
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Alyssa R. Bivins is an Associate in Lozano Smith's Sacramento office and co-chair of the firm's Special Education Practice Group. She represents public schools and other educational agencies in litigation and special education issues.


Prior to joining Lozano Smith, Ms. Bivins served as a judicial law clerk to United States District Court Judge John A. Mendez of the Eastern District of California. She researched and analyzed legal issues pertinent to motions before the Court, and drafted orders and bench memoranda on pending civil motions, including motions for class certification, summary judgment, preliminary injunction, enforcement of arbitration awards, and more.

While pursuing her J.D., Ms. Bivins worked as a legal extern for the Duke University Office of Counsel, where she investigated facts and wrote position statements in response to EEOC wrongful termination claims and analyzed implications of executive orders and administrative regulations on the university.


Ms. Bivins earned her J.D. from Duke University School of Law, where she was a staff editor for the Duke Law Journal. She earned her B.A. in Political Science, with a minor in Education Studies, from the University of California, Los Angeles.

School Districts May Develop A Policy Permitting Parents To Administer Medical Marijuana To Students On Campus

By: Aimee PerryAlyssa Bivins-

October 2019Number 57On October 9, 2019, Governor Gavin Newsom signed Senate Bill (SB) 223, which allows local educational agencies to adopt a policy regarding administration of medicinal cannabis to students on campus. The new law, referred to as "Jojo's Act," becomes effective on January 1, 2020, and was named after a San Francisco teenager who takes medicinal cannabis to control serious seizures. Jojo's Act adds section 49414.1 to the California Education Code and authorizes, but does not ...

New Guidance Answers Questions Regarding FERPA And School Law Enforcement Units

By: Edward SklarAlyssa Bivins-

May 2019Number 23The United States Department of Education (Department) issued answers to 37 Frequently Asked Questions (FAQs) regarding the Family Educational Rights and Privacy Act (FERPA). The FAQs focus on how FERPA relates to school law enforcement units and school resource officers (SROs). The full document, issued by the Department on February 12, 2019, is available here.The Department issued the FAQs in response to the Final Report of the Federal Commission on School Safety (Report), ...

Non-Binding Order from OAH Requires School District Administer Medical Marijuana on Campus

By: Marcy GutierrezAimee PerryAlyssa Bivins-

October 2018Number 55In a non-binding order, a California state administrative law judge from the Office of Administrative Hearings ("OAH") ruled that a public school district must allow a student's nurse to administer medical marijuana, as needed, on campus and transportation. The September 21, 2018 decision inStudent v. Rincon Valley Union Elementary School District (2018) OAH Case No. 2018050651 is unprecedented, but is not binding on other school districts.BackgroundThe case arose from a ...

The Pot Thickens: Legal Updates on Marijuana and Schools

By: Marcy GutierrezAimee PerryAlyssa Bivins-

October 2018Number 56Schools may soon be getting requests to permit students to take a marijuana-based epilepsy drug at school, thanks to a change in the way the federal government regulates it. Read on to learn more about Epidiolex and the state of the law regarding administration of medication at school, including marijuana based drugs.Separately, but related to administration of marijuana based drugs, Governor Jerry Brown recently vetoed a state bill that would have permitted school boards...

FDA Approves Marijuana-Based Drug for Pediatric Epilepsy

By: Sloan SimmonsAimee PerryAlyssa Bivins-

July 2018Number 32Schools may soon be fielding requests to administer Epidiolex, a drug containing cannabidiol (CBD), a chemical component of marijuana that does not create a "high," to students.On June 25, 2018, the U.S. Food and Drug Administration (FDA) approved Epidiolex to treat two types of pediatric epilepsy. The approval of Epidiolex will pave the way for school districts, for the first time, to administer a medicine derived from marijuana, provided that the Drug Enforcement Administr...

Vanquishing "Vaping" on Campus

By: Michelle CannonAlyssa Bivins-

March 2018 Number 11 This article originally appeared on the Association of California School Administrators' ACSA Resource Hub. School administrators are facing a growing threat to student health that is often disguised as a standard school tool. JUULs are a type of vaporizing device-commonly referred to as "vapes"-that is soaring in popularity among young people. The use of vapes, JUULs, and similar products is extremely prevalent among high school students, creating a new generat...

School District Need Not Accommodate Coach's Request to Publicly Pray at Football Games

By: Sloan SimmonsAlyssa Bivins-

October 2017 Number 58 A Washington school district was not required to allow a high school football coach to pray on the 50-yard line at the end of each game, the Ninth Circuit Court of Appeals ruled in Kennedy v. Bremerton School District (9th Cir. 2017, No. 16-35801) ___F.3d___ <>. The court found that the District did not violate the coach's First Amendment rights by placing him on administrative leave for ref...

Fall 2019 Legislative Roundup – Special Education Bills

By: Marcy GutierrezKyle RaneyAlyssa Bivins-

Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year’s legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020.

From ABC to CBD – When Marijuana and Schools Collide

By: Aimee PerryAlyssa Bivins-

The issue of students using marijuana in California’s public schools is an ever evolving issue, and leaves many confused as to the state of the law. Sloan Simmons engages experts in this area of school law, Aimee Perry and Alyssa Bivins, on the most recent developments, including what hasn’t changed in terms of student discipline, what may have changed in special education, and proposed legislation poised to impact students and schools on this topic. This thoughtful discussion fully explores the latest on this topics, including trending practices and options for school officials.