Karin M. Anderson is Senior Counsel in Lozano Smith's San Diego Office. Ms. Anderson specializes in the Special Education, Students, Charter Schools, and Labor and Employment aspects of educational law.
Ms. Anderson represents educational agencies in all aspects of special education matters, including general advice, IEP meetings, mediations, due process cases, Office for Civil Rights and California Department of Education investigations and complaints, Section 504 issues, and related federal court litigation. She also assists clients in various student-related matters, including complaints and investigations under the UCP and before CDE, student fees disputes, student records, discipline issues, and policy development and review. Ms. Anderson often works with clients on charter school issues that involve related special education, student, MOU and general oversight matters.
Ms. Anderson frequently presents special education and student workshops and trainings on a wide-range of topics.
Prior to joining Lozano Smith, Ms. Anderson served as Staff Attorney at the Center for Education Policy and Law in San Diego, where she performed substantial research to draft collaborative reports addressing the legal and policy implications for various issues in education law, such as mayoral control over school districts, student misuse of electronic communication devices, and charter schools. She also served as a summer law clerk with the legal services office of the San Diego Unified School District, where she assisted on employee discipline, facilities and business, and board governance issues.
Ms. Anderson received her Juris Doctor degree from University of San Diego School of Law. As a student, she earned several awards, including the Highest Grade in Class Award for "Tax I" and "Employment Discrimination", High Pass Award for "Lawyering Skills I", and earned the Honor Scholarship for the 2010-2011 academic year. Ms. Anderson graduated from the University of California, San Diego with a Bachelor of Science in Psychology.
Ms. Anderson regularly volunteers as a mentor to local high school students, providing guidance to help students achieve success in their education and college and career preparation.
On September 8, 2016, the United States Department of Justice (DOJ) reached a settlement agreement with the California Department of Education and State Board of Education (CDE) to improve the CDE's compliance monitoring systems and ensure provision of language instruction services to English learner (EL) students in the state's public schools. In light of this agreement, school districts should expect changes and closer scrutiny from the CDE with respect to monitori...
On March 16, 2016, the Ninth Circuit Court of Appeals held that a parent of a child with a disability was not entitled to recover attorneys' fees incurred after the date a school district presented a settlement offer, even though the parent ultimately prevailed in a special education due process hearing. (Beauchamp v. Anaheim Union High School District (9th Cir. 2016), 2016 U.S. App. LEXIS 4805 (Beauchamp).) The Ninth Circuit found the relief that the parent obtained ...
Looking ahead to the 2015-2016 school year, school districts and county offices of education should ensure for full compliance with Senate Bill (SB) 1111, effective January 1, 2015. SB 1111 repealed certain Education Code provisions, while revising and adding others regarding the categories of students and the conditions under which they may be enrolled in a county community school, as well as certain student placements relative to the expulsion process.
The United States Supreme Court recently issued an order declining to review the Ninth Circuit Court of Appeals' decision in Dariano v. Morgan Hill Unified School District (March 30, 2015) 2015 U.S. Lexis 2190. As previously reported by Lozano Smith (See Client News Brief No. 15, March 2014), in Dariano, the Ninth Circuit held that school administrators did not violate students' constitutional rights to free speech when they prohibited students from wearing American f...
On July 1, 2014, amendments to the state special education regulations went into effect, found in title 5, sections 300-3088 of the California Code of Regulations. Many of the regulations had not been updated since December 1987. Since then, other sources of special education law, including the California Education Code, the Individuals with Disabilities Education Act (IDEA) and the federal regulations to the IDEA, have been changed. The State Board of Education (SBE...
On February 25, 2014, the United States Department of Education's Privacy Technical Assistance Center (PTAC) published guidance regarding protecting the confidentiality of student information when using online educational services. According to PTAC, the growing use of interactive and online teaching methods brings with it the challenges of ensuring that school districts protect private student information when the internet, technology, and third parties are involved....
On December 12, 2013, the California Supreme Court ruled on an interesting question of state law that could have significant financial implications for school districts. In Los Angeles Unified School District v. Garcia (2013) 9th Cir. No. 10-55879, the California Supreme Court concluded that Education Code section 56041 determines which local educational agency (LEA) is responsible to provide special education services to adult students who are incarcerated in coun...
The United States Department of Education's Office of Special Education Programs (OSEP) recently released a non-binding policy letter indicating that in a special education due process hearing addressing the student discipline process, a hearing officer is permitted to determine whether a student's behavior actually violated the code of student conduct.
Under the Individuals with Disabilities Education Act (IDEA), if a school district seeks to change the educationa...
The United States Department of Education (DOE) recently issued the final, revised regulations regarding when and how a school district or other local educational agency (LEA) must obtain parent consent to access a student's public benefits or insurance for purposes of special education services. The new regulations, which become effective March 18, 2013, will likely ease the administrative burdens and confusion LEAs face at times when seeking parent consent to acce...
Number 53In recent weeks, Governor Brown has approved several bills that will make changes to the Education Code regarding student assessment, instruction, and curriculum.
On August 17, 2012, the Governor approved Assembly Bill (AB) 1987, which revises Education Code section 51745. Section 51745 currently allows school districts to operate independent study programs and provides a list of examples of the types of programs that may be offered through independent study. AB 19...
In two recent decisions, the Office of Administrative Hearings (OAH) provided guidance regarding potential discipline safeguards and procedures for students not yet eligible for special education and related services. In Anaheim Union High School District (2012) OAH No. 2012031076 and Fairfield-Suisun Unified School District (2012) OAH No. 2012030917, OAH found that the school districts violated the Individuals with Disabilities Education Act (IDEA) by failing to provi...
A recent decision from the Office of Administrative Hearings (OAH) highlights that where California Children's Services (CCS) is providing services required by a student's individualized educational program (IEP), CCS staff must consult with the school district and participate in the IEP process prior to making changes to the services it provides to the student.
CCS is a state and county program administered by the state Department of Health Care Services that provid...