Marisa Montenegro is an Associate in Lozano Smith’s Los Angeles office. Her practice is focused on the special education and student aspects of education law. Ms. Montenegro provides legal guidance to school districts on a variety of special education and general education matters, and assists clients through a range of human resources issues.
Ms. Montenegro is experienced in reviewing and responding to special education due process complaints, participating in resolution sessions, mediations, and drafting settlement agreements. She represents school districts through all stages of the Individualized Education Program process. She often drafts prior written notices and responds to compliance complaints.
She has also drafted documents for education clients related to the Brown Act, Public Records Act, and Special Education Due Process Hearings.
Ms. Montenegro was awarded her Juris Doctor from Whittier Law School with a Certificate in Children’s Rights. She earned a Master of Arts in Special Education with a Mild/Moderate Educational Specialist Credential. Her undergraduate degree was earned from the University of California, Los Angeles, with a Bachelor of Arts in English.
February 2019Number 14In Ricasa v. Office of Administrative Hearings, certified for publication on January 14, 2019, the California Court of Appeal attempted to harmonize an apparent dissonance between the Ralph M. Brown Act's personnel exception, and the disciplinary procedures of the Education Code. The opinion constitutes the first time an appellate court has ruled on the Brown Act's personnel exception in the context of community college districts, and the opinion's implications reach to ...
February 2019Number 9The United States Department of Education's Office for Civil Rights (OCR) and Department of Justice (DOJ) have withdrawn their 2014 joint Dear Colleague Letter (DCL) on Nondiscriminatory Administration of School Discipline, which provided recommendations and guidance on remediating disproportionate student discipline of minority and disabled students. The stated justification for the agencies' reversal is that implementation of the 2014 DCL resulted in schools easing up o...
November 2018Number 77In Scott v. County of San Bernardino (9th Cir.) 903 F.3d 943, the Ninth Circuit Court of Appeals affirmed a district court's summary judgment in favor of three students in an action alleging that two Sheriff's deputies arrested a group of middle school students in violation of their Fourth Amendment rights and state law. The group of female students were handcuffed, arrested, and transported to the Sheriff's station after a series of bullying and assault incidents betwee...