Lozano Smith's Student Practice Group is recognized statewide for its steadfast, proactive and creative assistance to school districts and expertise on a broad range of student issues, due to the large number of school districts that we represent and the fact that we have represented schools for more than 30 years.

Areas of Practice

To best serve the needs and promote the success of its clients, the firm's Student Practice Group has broad expertise in:

• Student Free Speech Rights
• Student Publications
• Dress Codes
• Religion in Schools
• Search & Seizure
• Constitutional Due Process
• The Equal Access Act
• Jurisdiction for Discipline
• Suspension & Expulsion
• Expulsion Hearings
• Rehabilitation Plans
• Alternative Discipline
• Expulsion Appeals
• Involuntary Transfers
• Continuation Schools
• Student Fees & Charges
• Student Records
• Directory Information
• Access to Records
• Grade Changes
• Custody & Education Rights
• Caregiver Affidavits
• Retention of Records
• Public Records Act
• Law Enforcement at School
• Gang-Related Activity
• Child Abuse Reporting
• Megan's Law
• Media Access to Campus
• Community Day Schools
• Compulsory Education
• Student Residency
• Residency Verification
• Student Truancy & SARB
• All Student Transfers
• Open Enrollment
• Extracurricular Activities
• Student Athletics
• Athletic Eligibility
• Student Drug Testing
• Title IX, Title XI, Section 504
• Harassment & Discrimination
• Cyberbullying
• Graduation Requirements
• Promotion & Retention

Title IX Impact Team

Title IX has taken center stage on a number of fronts. Long before the national attention, Lozano Smith’s Title IX Impact Team was formed as a specialized group dedicated to the pressing issues faced by school districts. From athletics to sexual violence, this team advises, trains, and educates clients on the various components of Title IX – from prevention and mitigation to investigation and response. The Title IX Impact Team draws from multiple practice groups and focuses to streamline advice and counsel. Areas in which the group provides advice and training include:

  • Audit of athletic programs
  • Audit of grievance procedures and policies
  • Discipline of employees and students
  • Sexual misconduct and harassment
  • Student and employee protections
  • Investigations
  • Title IX Coordinator roles and responsibilities
  • District and employee liability
  • Interaction with law enforcement agencies
  • Litigation

Real World Applications

The Student Practice Group at Lozano Smith understands the hurdles and opportunities facing its clients, and has an unsurpassed level of experience and expertise to protect the interests and promote the success of school districts, their staff and students. Of particular significance is the firm's leadership in student discipline matters. Lozano Smith regularly helps districts to develop comprehensive policies and regulations aimed at preventing student discipline problems, as well as all other policy issues impacting student rights, including student speech, student clubs, student transfers, and student fees, to name only a few. When discipline problems do surface, the firm provides practical advice and assistance as to all aspects of suspensions, expulsions, involuntary transfers and alternative forms of discipline.

Carolyn L. Gemma Senior Counsel
Sacramento, San Diego dmaruccia@lozanosmith.com
Desiree  Serrano Senior Counsel
Erin M. Hamor Senior Counsel
Walnut Creek, Sacramento, San Diego krezendes@lozanosmith.com
Kyle A. Raney Senior Counsel
Sacramento, Los Angeles mgutierrez@lozanosmith.com
Fresno, Bakersfield msmith@lozanosmith.com
Walnut Creek, Los Angeles sgarcia@lozanosmith.com
Stephanie M. White Senior Counsel
Walnut Creek swhite@lozanosmith.com

Student Newspaper Sues University After All Print Media Is Defunded Following The Publication Of A Satirical Article

By:Steve Ngo, Stephanie White, Brittaney Contreras -

January 2020Number 4A University of California San Diego (UCSD) student newspaper, The Koala, brought suit against UCSD officials alleging that they defunded all print media in violation of the First Amendment. In The Koala v. Khosla (9th Cir. 2019) 931 F.3d 887, the Ninth Circuit sided with the student newspaper, reversing in part and vacating in part a district court's dismissal of the complaint, holding that the Eleventh Amendment did not bar The Koala's claims, and allowing the case to pr...

New State Laws Aimed At Protecting LGBTQ Students And Students Who Are Pregnant Or Parenting

By:Marisa Lincoln, Stephanie White, Lauren Lyman -

January 2020Number 1Assembly Bills (AB) 493 outlines new requirements for school districts, county offices of education, and charter schools to train certificated employees, serving in grades 7 to 12, to support Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning (LGBTQ) youth. AB 809 outlines new requirements for public colleges and universities to increase awareness of the Title IX rights provided to pregnant and parenting students. Additionally, AB 34 requires that specific informa...

New Laws Promote Student Safety: Bullying, Harassment, And Suicide Prevention

By:Ruth Mendyk -

November 2019Number 70The Governor has signed legislation that promotes student safety by providing additional resources for suicide prevention and combating bullying and sexual harassment.Assembly Bill (AB) 1767: Suicide Prevention Policies for Kindergarten and Elementary School StudentsCurrently, local educational agencies serving students in grades 7-12 are required to have adopted student suicide prevention policies pertaining specifically to students in those grades. AB 1767 amends Educa...

Two New Laws Add Duties Regarding Student Sexual Harassment Policies And Domestic Violence Resource Information

By:Ruth Mendyk -

November 2019Number 71The Governor has signed legislation that promotes student safety by providing additional resources for combating sexual harassment and domestic violence.Assembly Bill (AB) 543: Student Sexual Harassment Policy PostersStarting January 1, 2020, schools serving grades 9-12 must create and display posters that notify students of the school's student sexual harassment policy. AB 543 requires that the posters be age appropriate, culturally relevant, no smaller than 8.5 by 11 i...

New Law Requiring Later Start Times For Middle Schools And High Schools Creates Uncertainty For Educational Agencies

By:Ruth Mendyk, Joshua Whiteside -

November 2019Number 66Governor Gavin Newsom signed Senate Bill (SB) 328, which establishes new mandatory school day start times for most middle schools and high schools. SB 328 adds section 46148 to the Education Code, requiring high schools to set the beginning of the school day no earlier than 8:30 a.m., and middle schools at no earlier than 8:00 a.m. The reasoning behind this new law is based on studies showing increased academic performance, school attendance, and health for students at s...

Students Suspended For Two Or More Days Must Now Be Provided Homework Assignments

By:Manuel Martinez, Alyse Pacheco Nichols -

October 2019Number 64In an effort to prevent suspended students in grades 1-12 from falling behind in class assignments or homework, Governor Newsom has signed Assembly Bill (AB) 982, requiring all public and charter school teachers to provide homework assignments to suspended students, upon request. Teachers have historically had the option whether or not to require suspended students to complete any assignments and tests missed during the term of their suspension.AB 982 Beginning January 1,...

School Districts May Develop A Policy Permitting Parents To Administer Medical Marijuana To Students On Campus

By:Aimee Perry, Alyssa Bivins -

October 2019Number 57On October 9, 2019, Governor Gavin Newsom signed Senate Bill (SB) 223, which allows local educational agencies to adopt a policy regarding administration of medicinal cannabis to students on campus. The new law, referred to as "Jojo's Act," becomes effective on January 1, 2020, and was named after a San Francisco teenager who takes medicinal cannabis to control serious seizures. Jojo's Act adds section 49414.1 to the California Education Code and authorizes, but does not ...