Sloan R. Simmons is a Partner in Lozano Smith's Sacramento office and chair of the firm's Litigation Practice Group. His areas of expertise are civil rights litigation, law and motion practice, and appeals, as well as student issues. Mr. Simmons specializes in student issues such as student discipline, student free speech, fees, student records, the Equal Access Act, and other constitutional and statutory rights and requirements.
Mr. Simmons has presented on the intersection of student free speech rights, discipline, and the Internet and several other issues before the California School Boards Association (CSBA), Association of California School Administrators (ACSA), California Small School Districts' Association (SSDA), California Association of Supervisors of Child Welfare and Attendance (CASCWA), and the California County Superintendents Educational Services Association (CCSESA).
In Rimando v. Alum Rock Union Elementary School District (9th Cir. 2009) 356 Fed.Appx. 989, Mr. Simmons successfully argued that a California public school district is a "State employer" for purposes of the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and consequently suits against school districts under USERRA must be filed in state court. The Rimando decision is the first of its kind by the Ninth Circuit to address USERRA suits brought against California public school districts.
In Clovis Unified School District v. Chiang (2010) __Cal.App.4th__, 2010 WL 3637157, Mr. Simmons assisted school district in invalidating audits of several state mandated cost reimbursement claims worth more than $30 million, based upon the use of invalid, underground auditing documentation rule by the State Controller's Office.
Mr. Simmons conducted legal research and briefing preparation on the published decision Alex G. v. Board of Trustees (E.D. Cal. 2005) 387 F.Supp.2d 1119, as well as Chavez v. City of Los Angeles (2010) 47 Cal.4th 970, in support of the City of Los Angeles on behalf of amicus curiae the League of California Cities and the California State Association of Counties.
Mr. Simmons' article "Disciplining Students for E-Communications" was published in the Daily Journal in January 2010. His February 2012 article "What's Next in ACLU's Student Fee Case" was also published in the Daily Journal.
Mr. Simmons earned his J.D. from the University of California, Davis, School of Law, and his B.A. (summa cum laude), with Honors in the Major and Honors in General Education, from California State University, Chico.
While attending law school he received the honor of Outstanding Oral Advocate, was selected as a member of the Order of the Barristers, and as a member of the University of California, Davis, National Moot Court Team. He also held the position of Senior Articles Editor for the Journal of Juvenile Law and Policy for 2002-2003 and co-chaired the law school's Advocates for the Rights of Children student organization. As an undergraduate, Mr. Simmons presented his Honors Thesis, "Justice William J. Brennan Jr.: Bringing Justice to Education" at the 2001 Western Regional Honors Conference.