Lozano Smith is known for and provides the highest quality special education expertise in California. The firm's special education attorneys have collectively handled matters involving virtually every conceivable legal issue in the field.

For example, Lozano Smith:

  • Was selected to represent CSBA in the mandated cost reimbursement litigation against the State of California that resulted in a $1 billion settlement in favor of the school districts.
  • Has represented districts in countless mediations, due process cases, and numerous appeals to federal District Court and the Ninth Circuit Court of Appeals.
  • Has advised Special Education Local Plan Areas (SELPAs) throughout California to develop Joint Powers Authorities (JPAs) and local plans, and has advised school districts through the process of becoming single district SELPAs.
  • Developed special education manuals, sample policies and procedures and a variety of forms and checklists.
  • Is often asked to present at local, state, and national conferences, including ACSA's Every Child Counts Conference and LRP.
  • Develops and presents annual Special Education Legal Consortiums and webinar series at numerous locations throughout the state.

Additionally, Lozano Smith represents and advises clients regarding:

  • Individualized Education Program (IEP) team meetings
  • Section 504 meetings
  • Unilateral placement of students by their parents in nonpublic schools or residential treatments centers
  • IDEA and Section 504 resolution sessions, mediations, prehearing conferences and hearings
  • IDEA and Section 504 discipline issues and hearings
  • Bullying, discrimination and harassment claims and complaints
  • Office for Civil Rights and California Department of Education investigations and complaints
  • Special education issues related to charter school students
  • Interagency disputes
  • Case analysis and preparation
  • Revocation of consent issues
  • Pre-hearing motions, evidence preparation and witness preparation
  • Settlement analysis and agreements
  • Provision of mental health services
  • California Superior Court writs of administrative mandamus
  • California Superior Court applications for temporary restraining orders (removing dangerous students and/or protecting school personnel)
  • United States District Court and the Ninth Circuit Court of Appeals
  • United States District Court claims for attorneys' fees and costs

To minimize client costs, the firm's Special Education Practice Group has created an expansive internal library of special education templates including settlement agreements, presentations, manuals, policies, procedures, forms, pleadings, statutory settlement offers, legal opinion letters and memorandums, prehearing conference statements, opening briefs, witness questions and closing briefs.

Training for Special Education Administrators

Hundreds of special education administrators attend the Lozano Smith Special Education Legal Consortium (SELC) each year. This half-day seminar is conducted throughout the state and for individual clients as requested. It provides in-depth information on a variety of topics. Recent topics include Responding to Parent Requests, Parent Participation, Common Core and Special Education, and the ever-popular Legal Update. Topics for the SELC and all of the firm's workshops are carefully selected to highlight changes in the legal environment in which administrators must work.

In addition to the SELC, we provide in-service trainings to school districts on a wide variety of topics, ranging from student discipline to Section 504 to avoiding disproportionate representation of minority students in special education. Our attorneys have also been invited to make presentations at numerous conferences, such as the ACSA Every Child Counts Symposium, LRP National Institute, and LRP School Attorneys Conference.

Aimee  Perry Senior Counsel
Eleanor M. Welke Senior Counsel
Sacramento, Los Angeles mgutierrez@lozanosmith.com
Ryan P. Tung Senior Counsel
Los Angeles, Walnut Creek rtung@lozanosmith.com
Walnut Creek, San Diego sgarcia@lozanosmith.com

New Law Limits the Use of Seclusion and Restraints in Schools, Requires Annual Data Report

By:Marcy Gutierrez, Amanda Ruiz, Amanda Cordova -

December 2018 Number 90 The California Legislature recently passed a new law aiming to promote student rights and safety by imposing limits on the use of behavioral restraints and seclusion in schools. Assembly Bill (AB) 2657, which prohibits the use of restraint or seclusion for any student except in specified circumstances, becomes effective on January 1, 2019. Current Law Existing law limits the use of seclusion and restraints in schools for students with exceptional needs. Speci...

Pregnant and Parenting Pupils Afforded New Accommodations Beginning January 1, 2019

By:Sarah Garcia, Michelle Sliwa -

December 2018 Number 91 Beginning January 1, 2019, significant amendments to the Education Code provide pregnant and parenting pupils with new rights and accommodations designed to afford them the opportunity to succeed while protecting their health and the health of their children. In 2015, over 24,000 children were born to individuals between the ages of 15 and 19 in California. Fewer than 4 in 10 young mothers graduate from high school by the age of 18, and 70 percent of young paren...

Two New Laws Require Educational Agency Actions to Enhance Student Access to Health Services

By:Marcy Gutierrez, Maryn Oyoung -

December 2018 Number 92 Governor Jerry Brown recently signed two Assembly Bills (AB) into law, designed to increase student access to health services. Both laws focus on mental health services for students. AB 2022: Bi-Annual Notice Requirement Regarding Access to Student Mental Health Services AB 2022 adds Education Code section 49428 and requires public schools, including charter schools, to provide students and their parents or guardians at least twice per school year with infor...

New Law Limits School District Collection of Debts from Students and Penalties for Debts

By:Sloan Simmons -

December 2018 Number 85 The California Legislature recently passed Assembly Bill (AB) 1974, which places new prohibitions and restrictions on the collection of debt owed by parents to public schools, including state special schools and charter schools, and school districts, including county offices of education (all referred to herein as school districts). The new law prohibits the practice of punishing students for the failure of their parents to pay debt owed to the school district, add...

New Bills Remove Obstacles to Graduation for Migrant and Immigrant Students

By:Edward Sklar, Bradley Sena -

December 2018 Number 83 Assembly Bills (AB) 2121 and 2735 will make it easier for migrant students and English learners to access courses in core curriculum subjects and obtain course credit necessary for graduation. Both bills were signed by Governor Jerry Brown in September 2018. AB 2121 will become effective on January 1, 2019, while AB 2735 will take effect at the beginning of the 2019-2020 school year. AB 2735 Existing law requires schools to ensure that students with limited E...

Legislature Expands Sexual Health Education Resources

By:Roberta Rowe, Jayme Duque -

November 2018 Number 79 In September 2018, Governor Jerry Brown approved a series of bills that expand on the instruction of comprehensive sexual health education for California public school students. The California Healthy Youth Act requires that school districts ensure that pupils in grades 7 through 12 receive comprehensive sexual health education, including human immunodeficiency virus (HIV) prevention education, and information on sexual harassment, sexual assault, sexual abuse, ...

California Department of Education Issues Dyslexia Guidelines

By: -

September 2017 Number 50 The California Department of Education (CDE) has published new guidelines for serving students with dyslexia. The California Dyslexia Guidelines can be found here. Assembly Bill (AB) 1369, which became effective on January 1, 2016, required the CDE to develop and disseminate the guidelines in time for use no later than the beginning of the 2017-2018 school year. The guidelines are not mandatory, but they offer practical methods to identify and comprehensivel...

Representative Cases

Represented CSBA in the mandated cost reimbursement litigation against the State of California that resulted in a $1 billion settlement in favor of the school districts.
Represented districts in countless due process cases, mediations and numerous appeals to federal District Court, and the Ninth Circuit Court of Appeals.
G.M. v. Dry Creek Joint Elementary School District, Ninth Circuit Court of Appeals Case No. 12‐ 17242. In 2014, on appeal, the Ninth Circuit issued an unpublished Memorandum affirming an OAH due process hearing in favor of the District. The Ninth Circuit panel affirmed the U.S. District Court’s grant of summary judgment in the District’s favor on the plaintiff’s section 504 claims, as well as an award of attorneys’ fees sanctions against the parent’s attorney.
F.S.D. v. Santa Barbara Unified School District, U.S.D.C. Central District of California, Case No. 2:13‐cv‐03191‐RGK‐PJW. Received a favorable decision for the district on an appeal of a due process decision, coupled with various civil rights claims under section 1983, section 504 and the ADA. Lozano Smith represented the district successfully during the underlying due process decision and appeal of same, defending OAH’s ruling, which the Court affirmed in full. As a result of that victory and elimination of any remaining viable theories for the plaintiff’s civil rights claims, plaintiff ultimately stipulated to dismissal of the remaining causes of action in the litigation.
Alex G. v. Board of Trustees (E.D. Cal. 2004) 332 F.Supp.2d 1315. Lozano Smith attorneys successfully defended Davis Joint Unified School District on all counts in federal civil rights litigation arising out of a special education dispute. Most notably, the District's successful motion to dismiss resulted in one of the first published decisions applicable in California to stand for the proposition that a plaintiff cannot predicate a suit for damages under 42 U.S.C. section 1983 on alleged violations of the Individuals with Disabilities Education Act.
Alex G. v. Bd. of Trustees (E.D. Cal. 2005) 387 F.Supp.2d 1119. Lozano Smith successfully moved for partial summary judgment on behalf of the District, resulting in one of the first published decisions applicable in California to stand for the proposition that a plaintiff seeking to impose liability under Section 504 "must show that the educational decisions relating to the student were so inappropriate as to constitute either bad faith or gross misjudgment."
Huerta v. San Francisco Unified School District (N.D. Cal. 2011). Lozano Smith successfully opposed a parent's appeal of the OAH's denial of a very expensive stay put placement.
J.F. v. Magnolia School District, U.S.D.C. Central District California, Case No. CV14‐01136‐JVS-AJWx. On behalf of the District, Lozano Smith obtained a victory before OAH regarding a student’s placement, which was subsequently appealed to federal district court. Lozano Smith successfully obtained resolution of the matter, through mediation and a written settlement agreement, resulting in the student’s private placement coupled with a waiver of all claims, and certainty for the district going forward.
In the case In re Q.N., Sacramento County Superior Court Juvenile Division, Lozano Smith successfully opposed a motion for joinder of Sacramento City Unified School District (Minute Order Apr. 1, 2010). In the juvenile matter, a minor attempted to join multiple school districts, alleging they were responsible for his special education out-of-state residential placement to which he was referred by the County Mental Health Department, while housed in juvenile hall. Lozano Smith successfully demonstrated that so long as the student remained in juvenile hall, the County Office of Education, and not any individual school district, had responsibility for placement.