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 nearly 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

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.

Aimee  Perry Senior Counsel
Anahid  Hoonanian Senior Counsel
Los Angeles, Bakersfield ahoonanian@lozanosmith.com
Aria  Link Associate
Walnut Creek alink@lozanosmith.com
Sacramento, San Diego dmaruccia@lozanosmith.com
Desiree  Serrano Senior Counsel
Joanne J. Kim Associate
Los Angeles jkim@lozanosmith.com
Walnut Creek, Sacramento, San Diego krezendes@lozanosmith.com
Fresno, Bakersfield msmith@lozanosmith.com
Penelope R. Glover Senior Counsel
Walnut Creek, Fresno sgarcia@lozanosmith.com
Vivian  Chen Associate
Walnut Creek vchen@lozanosmith.com

Supreme Court Finds Trademark Disparagement Clause Unconstitutional

By:Michael Smith, Sloan Simmons, Jacqueline Castle -

July 2017 Number 44 The United States Supreme Court has held that trademarks are private speech protected by the First Amendment, even if some find the ideas they express offensive. In Matal v. Tam (2017) 582 U.S. ___, the Court held the Lanham Act's disparagement clause to be unconstitutional because it discriminated based on a viewpoint. The Court, noting that the First Amendment is a bedrock principle of government, wrote that the public expression of ideas may not be prohibited mer...

New Law Removes Restriction on Funding Student Field Trips

By:Thomas Manniello, Leila Alamri-Kassim -

July 2017 Number 43 A bill signed by Governor Jerry Brown on July 10 allows school districts to pay the expenses of students participating in field trips or excursions to other states, the District of Columbia or a foreign country. Assembly Bill (AB) 341 goes into effect on January 1, 2018. Education Code section 35330(b)(3) currently prohibits the use of school district funds to pay the expenses of a student participating in a field trip or excursion to any other state, the District o...

California Travel Ban Does Not Apply to Local Agencies

By:Thomas Gauthier, Stephanie White -

July 2017 Number 41 A California law that bars state agencies from funding travel, and from requiring employees to travel, to states that permit discrimination on the basis of sexual orientation, gender identity or gender expression - and Attorney General Xavier Becerra's recent expansion of the list of states covered by the ban - have raised questions regarding whether the law applies to cities, counties, school districts and community college districts. While there is no definitive l...

School Wellness Policies Must be Revised for the 2017-18 School Year

By:Desiree Serrano, Joshua Whiteside -

July 2017 Number 35 Local educational agencies (LEAs) that participate in the national school lunch and school breakfast programs must update their school wellness policies to include new requirements for the 2017-18 school year. The requirements were included in regulations finalized by the U.S. Department of Agriculture (USDA) Food and Nutrition Service in 2016. LEAs that participate in federal breakfast and lunch programs are required to create school wellness policies that describe...

OCR Issues New Instructions on Transgender Student Complaints

By:Sloan Simmons, Sara Santoyo -

July 2017 Number 36 The U.S. Department of Education's Office for Civil Rights (OCR) has issued new instructions to its regional directors regarding how to handle complaints involving transgender students. The document is intended to offer OCR staff additional guidance in light of recent court developments and the Trump Administration's withdrawal of the Obama Administration's guidance on transgender students. (See 2017 Client News Brief No. 9.) The instructions affirm that transgender...

IDEA Regulations Amended to Align with ESSA

By:Summer Dalessandro, Jessi Gasbarro -

July 2017 Number 37 The United States Department of Education has released amended regulations implementing Parts B and C of the Individuals with Disabilities Education Act (IDEA) intended to align the Act's terminology with that under the Every Student Succeeds Act of 2015 (ESSA). The amended regulations, which were released on June 30, are effective immediately. A copy of the new regulations can be found here. Most of the changes will not significantly affect the day-to-day practices...

Attorney General Sessions Defines Federal Funding Subject to Withholding Due to Sanctuary Policies

By:William Curley III, Joshua Whiteside -

June 2017 Number 27 U.S. Attorney General Jeff Sessions provided clarity on which federal funding would be subject to a withholding for implementing "sanctuary" policies that direct employees to refuse to communicate with, or frustrate communication of immigration status information to, Immigration and Customs Enforcement (ICE) as required by federal law. On May 22, 2017, the Attorney General issued a memorandum regarding one of President Donald J. Trump's executive orders that would w...