Claudia Weaver is Senior Counsel in Lozano Smith's Monterey office. Her practice is focused primarily on special education. She represents clients in all aspects of special education law, including providing day-to-day advice, attending IEP team meetings, and representing clients in mediations and due process hearings.
Ms. Weaver assists clients with a wide range of special education matters including eligibility, assessments, placement, programs and related services. She also advises clients in matters concerning facilities and business, board governance, and charter schools.
In addition to her work as an attorney, she has served as trustee for the Pacific Elementary School District since 2000, which has provided her with a client's perspective regarding the need for timely, practical legal counsel.
Ms. Weaver received her J.D. (magna cum laude) from the University of San Francisco in 2004 and her B.A. from the University of California, Santa Cruz.
The U.S. Department of Education and the U.S. Department of Health and Services recently issued non-regulatory guidance for implementing provisions of the Every Student Succeeds Act of 2015 (ESSA), successor to the No Child Left Behind Act, which enhance school enrollment protections for students in foster care.
On June 23, 2016, the departments released their 28-page guidance, along with two "Dear Colleague" letters summarizing the provisions and timeline for implementa...
On September 10, 2014, Governor Brown signed into law Assembly Bill (AB) 1522, the Healthy Workplaces, Healthy Families Act of 2014. AB 1522 provides that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave at the rate of at least one hour of paid sick leave for every 30 hours worked. AB 1522 includes part-time, seasonal, and temporary employees within its sc...
Until recently, community college districts have not been permitted to charge organizations a share of the costs associated with maintenance and normal "wear and tear" incurred during the use of college facilities and grounds under the Civic Center Act. However, on August 21, 2014, Governor Brown signed into law Assembly Bill (AB) 1906, expanding the types of "direct costs" that community college districts may charge for the use of college facilities or grounds. Eff...
The Governor has signed into law Senate Bill (SB) 1404, which amends the Civic Center Act and, until January 1, 2020, expands the types of direct costs that school districts may charge for use of school facilities or grounds.
Existing law under the Civic Center Act (Ed. Code § 38130 et seq.) provides that a school district may charge a fee, which may not exceed the school district's direct costs, for use of the school facilities or grounds by organizations t...
Following approval by the Office of Administrative Law, the California Department of Education (CDE) has issued emergency regulations regarding the administration of anti-seizure medication to epileptic students by trained, volunteer nonmedical school personnel. The regulations provide guidance on the implementation of Senate Bill (SB) 161, enacted as Education Code section 49414.7, which allows volunteer nonmedical school personnel to administer anti-seizure medicatio...
In a recent decision issued by the California Office of Administrative Hearings (OAH), an administrative law judge (ALJ) ruled that a charter school was liable for failing to provide a special education student with needed transition services. ( Student v. Horizon InstructionalSystemsCharterSchool (2012) OAH Case No. 2011060763.) The case is noteworthy because the charter school, which provided an independent study program, was operating as its own local educational...
Governor Jerry Brown recently signed into law Assembly Bill (AB) 1344, one of a series of "Bellbills" introduced during the last legislative session in response to public outrage triggered by the City ofBellcorruption and compensation scandals.
AB 1344 adds and amends various sections of the Elections Code and the Government Code, placing new restrictions on executive employment contracts for "local agencies." The bill also makes certain changes to the Brown Act...
Anthem Blue Cross ("Anthem") and Blue Shield of California ("Blue Shield"), two of California's largest health insurers, have recently agreed to pay the initial costs of a particular type of behavioral therapy for autistic children. Both insurers reached settlement agreements with the California Department of Managed Health Care, agreeing to cover a minimum of six months of the costly therapy known as applied behavioral analysis ("ABA").
ABA is a popular autism th...