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.
California Passes New Law To Increase Protection And Safety Of Special Education Students In Nonpublic Schools
January 2020Number 3Governor Gavin Newsom signed Assembly Bill (AB) 1172 this fall, which imposes additional requirements upon nonpublic schools (NPSs), as well as the local educational agencies (LEAs) that place students in NPSs, in order to increase the safety and protection of students in NPS placements. This legislation was passed following the high profile death of a 13-year-old special education student, who passed away after being placed in a prone restraint at an NPS.AB 1172 places ne...
School District Cannot Avoid Responsibility For Residential Placement Despite Availability Of Financial Assistance From A Non-Educational Agency
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...
Department Of Labor Opinion Says Family Medical Leave Allowed For Parental Attendance At IEP Meetings At School
October 2019Number 50On August 8, 2019, the U.S. Department of Labor issued an opinion letter (Opinion Letter) stating that the Family Medical Leave Act (FMLA) covers intermittent leave to attend a child's Individual Education Program (IEP) meeting, so long as the child suffers from a qualifying "serious health condition" under the FMLA. Special education IEP meetings are convened to develop, review, and revise the written document created and implemented to meet the educational needs of a ch...
October 2019Number 51Governor Newsom recently signed Assembly Bill (AB) 605, which will require local educational agencies (LEAs) to allow students to use school-purchased assistive technology devices at the student's home or in other settings when the student's individualized education plan (IEP) team decides on a case-by-case basis that access to those devices is necessary in order for the student to receive a free appropriate public education (FAPE). This new law takes effect on January 1,...
New Law Expands Ban On Suspensions For “Willful Defiance” And “Disruption” In Both Public And Charter Schools, Emphasizes Importance Of Alternative Means
October 2019Number 52Governor Gavin Newsom recently signed into law Senate Bill (SB) 419, which expands the existing ban on suspending students in grades K-3 for disrupting school activities or committing an act of willful defiance. The ban on such suspensions now extends to grades 4-5 permanently and to grades 6-8 for five years. The new law, which takes effect on July 1, 2020, applies to both traditional public schools and charter schools.Subdivision (k), of Education Code section 48900, pr...
Ninth Circuit Addresses Impact Of Dismissals And Settlement Of Due Process Complaints On The IDEA’s Administrative Remedy Exhaustion Requirement
October 2019Number 43The recent opinion of the Ninth Circuit Court of Appeals in Paul G. v. Monterey Peninsula Unified School District clarifies that dismissal or settlement of a special education due process hearing inadvance of a hearing and final administrative decision from the Office of Administrative Hearings (OAH), does not satisfy the requirement that a plaintiff exhaust administrative remedies under the Individuals with Disabilities Act (IDEA) before initiating a lawsuit in federal c...
Ninth Circuit Upholds District’s Unilateral Change Of Location Of IEP Services, Emphasizes Importance Of Academic Needs In LRE Analysis
September 2019Number 41On April 24, 2019, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued a decision inR.M. v. Gilbert Unified School District, No. 17-16722 (9th Cir. Apr. 24, 2019), in which the parents of a special education student (Plaintiffs) challenged the Gilbert Unified School District's (District) decisions to: (1) increase the student's special education instruction by 20 minutes per day; and (2) unilaterally move the location of the student's service...
|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.|