Claudia P. Weaver

Partner | Monterey

cweaver@lozanosmith.com
Tel: 831.646.1501
Fax: 831.646.1801
Vcard Bio

Overview

Claudia Weaver is a Partner in Lozano Smith's Monterey office where she practices in the firm's Facilities and Business and Charter School practice groups. Ms. Weaver focuses much of her practice on complex transactional matters, construction, solar projects and green energy, and general facilities and business issues. She also advises clients in matters concerning charter school governance and facilities and general board governance issues.

Additional experience

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.

Education

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.

2023 Updates: Annual Notice of Parental Rights and Responsibilities

By: Claudia Weaver-

April 2023Number 18As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2023-2024 school year.  The following is a summary of changes for updating Annual Notices, including four mandatory changes and other optional/advisable changes.Mandatory Annual Notice ChangesFirearm Safety and Safe Storage of Firearms Information (Assembly Bill 452 and Senate Bill 906)Beginning with the 2023-2024 school year, lo...

2022 Updates: Annual Notice of Parental Rights and Responsibilities

By: Claudia Weaver-

May 2022Number 23As a reminder, school districts and county offices of education should update their parental annual notices (Annual Notices) for the upcoming 2022-2023 school year. The following is a summary of considerations for updating Annual Notices, including one mandatory change and other optional/advisable changes.BackgroundExcused Absences – Cultural Events and Behavioral or Mental HealthThe Governor signed Assembly Bill (AB) 516 and Senate Bill (SB) 14 in 2021. AB 516 expanded...

2021 Updates: Annual Notice of Parental Rights and Responsibilities

By: Claudia Weaver-

April 2021Number 8As school districts and county offices of education prepare to update their parental annual notices (Annual Notice) for the upcoming school year, they should be aware of two mandatory changes to Annual Notices for 2021 concerning the transfer rights of bullying victims and Uniform Complaint Procedures, as well as new annual notification and posting requirements for school districts and county offices operating California state preschool programs.Mandatory Annual Notice Chang...

New Grant Funding for HVAC and Plumbing Improvements to K-12 Schools

By: Claudia Weaver-

March 2021Number 6Signed by Gavin Newsom in September 2020, Assembly Bill 841 (AB 841) created the “School Energy Efficiency Stimulus Program” (the SEES Program) which, in turn, created two new grant programs intended to fund specific air quality, ventilation, energy efficiency, plumbing, and water efficiency improvements.Funded by electric and gas companies, the SEES Program establishes: (1) the School Reopening Ventilation and Energy Efficiency Verification and Repair Program (S...

2020 Updates: Annual Notice of Parental Rights and Responsibilities

By: Claudia Weaver-

April 2020Number 28California school districts and county offices of education are required annually, at the beginning of each school year, to provide written notice of parental rights and responsibilities. Lozano Smith continuously tracks legislation impacting these notices. The following summarizes changes in California law that call for mandatory updates to the Annual Notice of Parental Rights and Responsibilities (Annual Notice) as well as other related changes that do not directly affect...

School District Cannot Avoid Responsibility For Residential Placement Despite Availability Of Financial Assistance From A Non-Educational Agency

By: Claudia WeaverRoxana Khan-

December 2019Number 78In a significant special education case published earlier this year, the California Court of Appeal ruled that a school district was responsible for funding the costs of residential placement for an adopted former foster child, despite funding assistance provided for the placement by the Department of Children and Family Services (DCFS).BackgroundB.H., a former foster child with significant disabilities, lived with his adoptive parents within the boundaries of the Manhat...

Appellate Court Finds That Solar Energy Project Was Not Exempt From City's Zoning Ordinance

By: Claudia Weaver-

November 2019Number 75A recent California appellate court ruling has clarified the requirements for a local agency's compliance with city or county zoning ordinances. In City of Hesperia v. Lake Arrowhead Community Services District, the Fourth Appellate District held that a community services district did not qualify for zoning compliance exemptions as provided in sections 53091(e) and 53096(a) of the Government Code, after the district had adopted a resolution finding the exemptions applica...

Legislature Postpones Sunset Of Civic Center Act Fee Provisions

By: Claudia Weaver-

October 2019Number 55Assembly Bill (AB) 1303, which was recently signed by the Governor, will postpone the sunset of central fee provisions within the Civic Center Act (Act).The Act generally requires school districts to permit the use of their facilities and grounds for particular purposes. The Act further authorizes, and in some cases requires, school districts to charge users for their use of school facilities. The Legislature originally provided that these provisions would be repealed as ...

Know Your Role, Know Your Risk

By: Claudia Weaver-

June 2019Number 28A Civic Center Act provision that allocates liability between a school district and the users of school facilities means what it says, according to a recent decision by the California Court of Appeal. In Grossman v. Santa Monica-Malibu Unified School District, the court found the district was not liable for injuries suffered by a parent-attendee at a carnival held by a booster group at one of the district's schools. The court also highlighted the statute's intent that school...

2019 Updates: Annual Notice Of Parental Rights And Responsibilities

By: Claudia Weaver-

April 2019Number 21California school districts and county offices of education are required annually, at the beginning of each school year, to provide written notice of parental rights and responsibilities. Lozano Smith continuously tracks legislation impacting these notices. The following summarizes changes in California law that call for mandatory or optional updates to the Annual Notice of Parental Rights and Responsibilities (Annual Notice).Discrimination Based on a Student's Parental, Fa...

Governor Signs Charter Transparency Bill

By: Claudia Weaver-

March 2019Number 15Newly elected Governor Gavin Newsom has signed a bill aimed at increasing charter school transparency. Senate Bill (SB) 126 settles, once and for all, the debate over whether charter schools and their governing bodies are subject to California's open meeting, conflicts of interest, and public records laws.BackgroundPrevious attempts to pass legislation intended to make charter schools subject to California's "sunshine laws" were vetoed by former Governor Jerry Brown. By com...

Changes To Skilled And Trained Workforce Requirements For Public Works Projects

By: Claudia Weaver-

January 2019Number 2Recent legislation modifies the skilled and trained workforce requirement for certain public works projects, shifting much of the burden for compliance to subcontractors. The new law also authorizes the California Labor Commissioner to investigate suspected violations of the statute and impose civil penalties in specified circumstances.Background In recent years, contractors have been required to utilize a "skilled and trained workforce" for "design-build" and "lease-lease...

2018 Updates: Annual Notice of Parental Rights and Responsibilities

By: Claudia Weaver-

March 2018 Number 12 California school districts and county offices of education are required annually, at the beginning of each school year, to provide written notice of parental rights and responsibilities. Lozano Smith continuously tracks legislation impacting these notices. The following summarizes changes in California law that call for required or optional updates to the Annual Notice of Parental Rights and Responsibilities. Children of Military Service Members - Residency Pr...

Federal Agencies Issue Joint Guidance for Implementing ESSA's New Provisions Regarding Foster Youth

By: Claudia Weaver-

July 2016 Number 43 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...

Deadlines for Compliance with New Paid Sick Leave Law

By: Darren KameyaClaudia Weaver-

January 2015 Number 1 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...

Legislature Expands What Community Colleges Can Charge for Use of Their Facilities

By: Claudia Weaver-

October 2014 Number 81 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...

New Legislation Expands the Types of "Direct Costs" School Districts May Charge under the Civic Center Act

By: Claudia Weaver-

October 2012 Number 64 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...

CDE Releases Emergency Regulations for Unlicensed School Employees to Administer Epilepsy Medication

By: Claudia Weaver-

May 2012 Number 21 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...

Charter School is Liable for Failing to Provide Special Education Services

By: Claudia Weaver-

January 2012 Number 03 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...

AB 1344: New Law Sets Limits On Local Agency Employment Contracts

By: Louis LozanoClaudia WeaverDavid Wolfe-

December 2011 Number 80 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 And Blue Shield Agree To Cover Therapy For Autistic Children

By: Claudia Weaver-

August 2011 Number 38 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...