Court Admissions

U.S. District Court for the Northern District of California

Megan  Macy

Partner | Sacramento

More from Megan  Macy

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More from Megan  Macy

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More from Megan  Macy

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

Overview

Megan Macy is the Managing Partner of Lozano Smith's Sacramento office and provides general counsel to school districts and other public agencies. An active member of the Firm’s Labor and Employment, Facilities and Business and Charter School practice groups, Ms. Macy works closely with clients to appreciate their organizations, culture and goals, so Lozano Smith can support administrators in developing the right solution for each legal issue. From assisting clients in creating excellent business practices and encouraging positive labor relations, to advocating for their interests at the highest levels, she puts clients – and their communities – first.

Ms. Macy’s practice includes:
  • Governance
    • The Brown Act
    • Effective Board Governance
    • Conflicts of Interest
    • The Public Records Act
  • Employee/Employer Relations and Employment Law
    • Employee Evaluation, Discipline and Dismissal
    • Labor Law and Negotiations
    • First Amendment and Civil Rights Issues
    • Investigations of Discrimination and Harassment Complaints
    • Certificated and Classified Employee Issues
  • Facilities & Business
    • Public Works Construction
    • Bidding and Procurement
    • Development Issues, Mitigation and Developer Fees
    • Real Property Issues
    • California Environmental Quality Act (CEQA)
    • Audit Appeals before the Education Audit Appeal Panel (EAAP)
  • Charter Schools
    • Petition Review
    • Nonprofit Formation
    • 39 Requests and Facilities Issues
    • Charter School Oversight

Presenter Experience

Ms. Macy enjoys developing workshops that utilize the most current technology and other methods to engage the audience, while delivering valuable content. As a result, she is a frequent speaker at statewide conferences and trainer for clients on a wide range of topics.

Recent Presentations with Partner Organizations
Association of California School Administrators (ACSA)
  • Charter Schools: Navigating the New Landscape
  • The 2017 Paradigm: Leading in an Era of Complex Legal Issues
California Association of School Business Officials (CASBO)
  • Advanced Contracts
  • HR Legal Update
  • Navigating the Newest Legal Issues Impacting Charter Schools
California School Boards Association (CSBA)
  • Legal Webcast: What’s Next for Lease-Leaseback Construction?
Charter Authorizers Regional Support Network (CARSNet)
  • Nonclassroom-based Education and Charter Oversight after Anderson
Coalition for Adequate School Housing (CASH)
  • Changes in the Law You Need to Know
  • Construction 101
Fire Districts Association of California (FDAC)
  • The Brown Act and Electronic Communication
Regular Client Trainings
  • Board Governance
  • The Brown Act
  • Charter School Authorization and Oversight
  • Complaint Investigations
  • Conflicts of Interest
  • Evaluations and Discipline
  • General Legal Updates
  • Interest-Based Bargaining (IBB)
  • Labor Law
  • The Public Records Act
  • Public Works Construction
  • Real Property, Acquisition and Disposition
  • Sexual Harassment

Education

Megan earned her law degree from the University of Oregon, where she was trained in Alternative Dispute Resolution and certified as a mediator for the local court. Megan earned her B.A. in Public Policy and Religion from Washington and Lee University, also completing the Shepherd Program for the Interdisciplinary Study of Poverty.

Shielding Student Data

By: Megan Macy-

Today’s parents face tough questions when it comes to their children’s use of technology: Is my child being tracked by malicious or harmful cookies? Could my child’s personal information become public? Could this technology expose my child to pornography or other harm? Parents are understandably cautious about their children using technology: Student privacy matters. Parents entrust schools with monitoring and controlling their children’s use of education tech...

Part-Time Playground Positions to Join Classified Service

By: Megan MacyJanae Castellani-

November 2017 Number 76 School districts' part-time playground positions will join the classified service when Assembly Bill (AB) 670 becomes effective on January 1, 2018. Under the new law, part-time playground positions, including noon-duty aides, yard aides, noon-time assistants, and playground aides, will no longer be exempt from the classified service. The law will only apply to school districts that have not incorporated a merit system. AB 670 provides employees in part-time p...

ACSA Leadership - Flexible and personalized, nonclassroom-based education is on the rise

By: Megan MacyErin Hamor-

Lozano Smith attorneys Megan Macy and Erin Hamor publish article "Flexible and personalized, nonclassroom-based education is on the rise" in ACSA's Leadership magazine. Read the Article...

State Board of Education Adopts Waiver Policy for Unlawfully Located Nonclassroom-based Charter Schools

By: Megan MacyErin Hamor-

April 2017 Number 15 The State Board of Education (State Board) recently approved Policy No. 17-01 (Policy), which permits the board to issue temporary waivers to nonclassroom-based charter schools operating "resource centers" outside the geographical boundaries of their chartering school district. The State Board's decision comes on the heels of a closely watched charter school decision, Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 (Ander...

Closely Watched Charter School Decision Becomes Binding Precedent

By: Megan MacyEdward SklarRyan Tung-

January 2017 Number 5 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, ...

California Court Rules that Charter Schools Generally Cannot Locate Outside of Their Authorizing School District’s Boundaries

By: Megan MacySloan SimmonsDevon LincolnEdward Sklar-

October 2016 Number 79 In a case watched closely by the charter school community - including school districts, county offices of education and charter operators - California's Third District Court of Appeal has issued an opinion which holds that the geographic and site limitations of the Charter Schools Act (Ed. Code, § 47600 et seq.) are applicable to all charter schools, including "nonclassroom-based" programs. (Anderson Union High School District v. Shasta Secondary Home School (O...

FCC Issues Guidance on Schools' Use of Robocalls

By: Megan MacyShawn VanWagenen-

September 2016 Number 61 Last month, the Federal Communications Commission (FCC) confirmed that in limited circumstances, schools may make robocalls to their student community without violating the Telephone Consumer Protection Act (TCPA). The FCC determined that schools could "lawfully make robocalls or send automated texts to student family wireless phones pursuant to an 'emergency purpose' exception or with prior express consent." The ruling provides much-needed guidance for schools...

Level 3 Developer Fees are Again Moving Forward after Latest Court Decision

By: Harold FreimanMegan MacyShawn VanWagenen-

August 2016 Number 55 A recent court decision has again opened the door for eligible school districts to impose 'Level 3' developer fees. As Lozano Smith previously reported, the State Allocation Board (SAB) took unprecedented action in May to authorize eligible school districts to collect Level 3 fees. SAB's determination that state funds are no longer available for new school construction, which triggers the Level 3 fees, was challenged in court by the California Building Industry Assoc...

Significant Cases

  • In the precedent setting case, Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262, Ms. Macy argued before the Third District Court of Appeal, and was part of the Lozano Smith team that prevailed when the Court confirmed that the geographic and site limitations of the Charter Schools Act (Ed. Code, § 47600 et seq.) are applicable to all charter schools, including “nonclassroom-based” programs.
  • In New Jerusalem Elementary School District v. Academy of Arts & Sciences Charter School, San Joaquin County Superior Court Case No. STC-cv-UMC-2016-1072, Ms. Macy was part of the Lozano Smith team obtaining a $1.5 million settlement on behalf of New Jerusalem School District against a charter schools for recovery of funds allocated to two charter schools previously operated by the charter schools, which became dependent charter schools operated by the District. The settlement was reached after Lozano Smith successfully argued that such funds belonged and should follow the students to which the funding was allocated by the State. The charter school argued that any funds not expended on instruction properly belonged to the nonprofit operating the schools, a practice commonly known as “sweeping” – and which is prevalent in charter management organizations that have ties to for-profit service providers.
  • In an audit appeal by Orinda Union School District, the Education Audit Appeals Panel determined the District’s auditor erred in applying legal standards during an audit that were not applicable at the time the District’s questioned conduct occurred. As a result, the District retained over $635,000 in State Funding for its academic programs.  (Appeal of 2009-10 Audit Finding 10-07 by Orinda Union School District, EAAP Case No. 11-13.)
  • Successfully negotiating resolution of multi-party construction litigation stemming from contractor termination. (Air Systems, Inc., v. Campbell Union High School District.)
  • Successfully negotiating resolution of facilities accessibility issues related to existing consent decree. (Spieler v. Mt. Diablo Unified School District.)

Fulfilling the Promise of the Charter Schools Act – How Competition Sparked Trilingual Immersion in a Traditional Public School

By: Megan MacySloan Simmons-

In this Lozano Smith podcast, moderator Sloan Simmons engages with Dr. Daryl Camp, Superintendent of the Riverbank Unified School District, and Lozano Smith Partner Megan Macy, regarding a burgeoning and healthy competition between two separate dual immersion programs operated in Riverbank, one through a dependent charter school and another through in a traditional district school. Their discussion explores how this existing dynamic in Riverbank serves one of the original purposes of the Charter Schools Act, the benefits of this unique situation, and some of the challenges which arose along the way.