Endless innovation and the increasing use of technology - from cloud computing to harassment and cyberbullying - have created the need for best practices and sound policies. Our attorneys regularly counsel clients in the areas of governance, management of employees' and students' use of policies and regulations regarding technology, software and other technology licensing, email retention, and more.

Governance:

Questions regarding use of e-communications, and retention of and public access to electronic documents, continue to present challenges for local governments and their staffs. Lozano Smith regularly advises clients on evolving issues, including e-communications and the Brown Act, public records, social media, email retention policies, and use of personal devices.

Business:

Our procurement expertise and transactional experience enable us to assist clients in negotiating contracts in the areas of software agreements, cell tower leases, E-rate and technology equipment leases.

Students:

New technologies find their way into classrooms on a daily basis. Lozano Smith assists clients in establishing a framework for successfully utilizing and addressing new technologies while remaining legally compliant. This includes issues related to cloud computing, electronic student records systems, student discipline related to use of technology on and off campus, and social media.

Labor & Employment:

Employee privacy and free speech rights, along with employee discipline and technology use in the school and governmental setting continue to present legal challenges. Lozano Smith counsels clients on the developments in this area, including employee use of personal devices for public business, social media, appropriate use of the internet, and bring your own device (BYOD) policies.

Training for Administrators

Our attorneys regularly speak at major conferences for CASBO, CSBA, ACSA, CASCWA and other organizations on technology legal issues. Various presentations on technology in the workplace and in schools are updated annually to address the latest real-world issues faced by districts.

Data Breach Notification Law Gets Updates With Important Implications

By:Devon Lincoln, James McCann -

January 2020Number 2Data breaches are all but inevitable and occur in all types of organizations. Public entities are no exception, with cyber criminals increasingly targeting the wide-range of sensitive information they maintain (e.g., student data, resident data, confidential government infrastructure data, etc.). Against the backdrop of and in response to this looming threat of cyber-attacks, Governor Newsom recently signed into law Assembly Bill (AB) 1130, which makes small but significan...

Bill Intended To Establish E-Mail Retention Requirement For Public Agencies Vetoed By Governor Newsom

By:Harold Freiman -

December 2019Number 82California lawmakers recently proposed Assembly Bill (AB) 1184, which would have required public agencies to retain business related e-mails for at least two years. While the Governor did not sign the bill, this legislative effort again shows the significant interest in preserving e-mails as part of a public agency's public record.AB 1184: Public Records E-Mail RetentionThe California Public Records Act establishes that every person has a right to inspect public records....

New Law Will Allow Students With IEPs To Take Assistive Technology Devices Home With Them

By:Marcy Gutierrez -

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,...

Legislature Addresses Student Use Of Smartphones At School

By:Ruth Mendyk, Aimee Perry, Joshua Whiteside -

October 2019Number 46The California Legislature recently passed Assembly Bill (AB) 272, which will become effective January 1, 2020, specifically authorizing school districts to adopt a policy to limit or prohibit student smartphone use, while also granting students certain specific rights to possess and use a smartphone at school. Even though smartphone policies or guidelines are widely used already, this bill provides specific authorization, while also defining some limitations. In particul...

Schools And Public Agencies Face A Rise In Digital Copyright Infringement Claims For Use Of Protected Photos

By:Harold Freiman -

April 2019Number 19Cease and desist letters alleging copyright infringement for the unauthorized use of digital photos-along with demands for settlement payments ranging from hundreds to tens of thousands of dollars-are being sent to public agencies. This trend seems to be on the rise, whether it is a journalism student's use of a photo for the online student newspaper, or a social media manager's use of a graphic for the agency's Facebook feed. Although the initial demands can be quite high,...

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

By:Marcy Gutierrez -

December 2018Number 92Governor 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 information regardi...

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, ...