College administrators need partners who understand their world - the dynamic relationship between faculty and administration, the challenges of ensuring a stable and well-regulated student community, the expanding regulatory climate affecting education, and the technology that will frame the institutions of tomorrow.
Areas of Practice
We routinely advise administrators on compliance, best practices, and trends in the law uniquely affecting community colleges. These areas include:
- Institutional policies, including Employee, Faculty and Student Handbooks
- Admissions policies and practices
- Financial aid and scholarships
- Construction agreements and facilities finance
- Labor negotiations
- Compliance with laws regulating classified and certificated employees
- Wage and hour compliance
- Severance and separation agreements
- Technology and software licensing agreements
- Third-party vendor and multi-institution contracts
- Online education contracting
- Regulatory compliance
- Fundraising and development
- Bond counsel services
- Real Property
- Environmental Issues
Lozano Smith clients consistently turn to the Community College Practice Group for guidance in every aspect of claims and litigation. They assist this specialized group of clientele with:
- Employment litigation
- Harassment and discrimination complaints
- Student code of conduct violations and proceedings
- Tenure disputes
- First Amendment claims
- Layoff proceedings
- Labor arbitrations
- Breach of contract claims
- Embezzlement/fraud issues
- Unfair business practices claims
- Premises liability claims
- Vendor disputes
Investigations - Learn more
The inherent seriousness and sensitivity of workplace investigations often obligates an employer to hire an independent investigator to conduct a prompt and comprehensive investigation. Lozano Smith's Investigative Services Team, a specialist group within our Labor & Employment Practice Group, recognizes the challenges that come with investigations of employee, student, and parent complaints. These attorneys have expertly served as investigators and advisors to clients on a broad range of complaints and can help your district to navigate the investigations process. Working alongside K-12 school districts, community colleges, universities and other public agencies, the Investigative Services Team supports management in reviewing and responding to employee, student, and parent complaints in a fair, impartial, and legally compliant manner.
Real World Applications
By working with attorneys who specialize in the law of higher education, colleges save time and money, and can trust that the attorneys they are speaking to already understand their world. The Group's practical experience translates into proven, efficient solutions.
Meet-and-Confer Requirement Does Not Apply to Pension Reform Measure Placed on Ballot through Voter Initiative Process
April 2017 Number 20 In Boling v. Public Employment Relations Board (Apr. 11, 2017, D069626) ___ Cal.App.4th ___ (Boling), the Fourth District Court of Appeal invalidated a decision by the Public Employment Relations Board (PERB) holding that a city council violated the Meyers-Milias-Brown Act (MMBA) by placing a voter initiative to amend the city's charter on the ballot without first meeting and conferring with the unions representing affected city employees. In doing so, the court rejec...
March 2017 On March 6, 2017, the United States Supreme Court sent the case of Virginia transgender high school student Gavin Grimm back to an appellate court, which must now consider the case and the parties' arguments "in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017" that rescinded the Obama administration's May 2016 guidance on transgender student rights and facilities access. (Gloucester County School Board v. G.G. (...
March 2017 Number 11 Emails, text messages and other written communications sent to or from a public official's private account may be subject to disclosure under the California Public Records Act (CPRA), the California Supreme Court ruled unanimously in a highly anticipated decision published on March 2, 2017. (City of San Jose et al. v. Superior Court (March 2, 2017, No. S218066) ___ Cal.5th ___ < http://www.courts.ca.gov/opinions/documents/S218066.PDF>.) The court held that t...
February 2017 Number 9 Under new leadership following the 2016 presidential election, the United States Department of Justice (DOJ) and Department of Education (DOE) issued a joint "Dear Colleague" letter on February 22, 2017 withdrawing the Obama administration's May 2016 letter and guidance regarding transgender students and sex-based discrimination under Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et. seq.) and Title IX's regulations. The prior letter and guid...
February 2017 Number 8 In September 2015, Governor Jerry Brown signed into law Senate Bill (SB) 415. SB 415, which becomes operative on January 1, 2018, prohibits political subdivisions from holding odd-year regular elections if a prior odd-year election resulted in a "significant decrease in voter turnout," as defined by statute. The new law reflects a policy of encouraging election consolidations to defray election costs and encourage voter participation. It applies only to regular elec...
February 2017 Number 6 The Second District Court of Appeal has rejected arguments that sought to bar the University of California (UC) from making certain financial aid programs available to undocumented students. In decidingDe Vries v. Regents of University of California (2016) 6 Cal.App.5th 574, the appellate court has reaffirmed undocumented students' eligibility for such programs. As some colleges express concern about the potential for federal policies that could impact their undocumen...
January 2017 Number 4 In the wake of the recent presidential election, changes in immigration law and enforcement may be on the horizon. Some California K-12 school district and community college district officials have voiced concerns over the potential for increased enforcement of existing immigration laws, due in part to the president-elect's campaign statements that he would triple the number of enforcement agents at Immigration and Customs Enforcement (ICE) and deport 2 million un...