Marcy  Gutierrez

Partner | Sacramento, Los Angeles

Attorney Insights
Tel: 916.329.7433
Fax: 916.329.9050
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Marcy Gutierrez is a Partner in Lozano Smith's Sacramento office and co-chair of the firm's Special Education Practice Group. She began her career in education as a public school teacher, and has been advising and representing school districts and other education entities for over fifteen years. Her areas of expertise include special education, student discipline, Title IX, the Brown Act, and litigation.

Ms. Gutierrez has effectively represented school districts in many venues, including cases successfully litigated at the administrative agency level as well as in the federal courts. In addition to special education, she also advises and represents school districts and other education entities with regard to student discipline, public records requests, and the broad spectrum of anti-discrimination and anti-harassment requirements that apply to public education agencies.

Presenter Experience

Ms. Gutierrez is a frequently requested guest speaker who has presented on many topics, such as Transition Planning, Autism, IEP Facilitation, and other topics related to special education as well as Section 504. She finds her expertise is best used by providing training to staff, where she emphasizes hands-on tools to provide educationally and legally appropriate programs for students with special needs.


Ms. Gutierrez earned her J.D. from University of the Pacific, McGeorge School of Law, and her B.A. from the University of California, Davis.

Professional Affiliations

California Council of School Attorneys
California Women Lead
Law and Public Policy Advisory Committee
Sacramento County Bar

Special Considerations for Students with Exceptional Needs Related to School Closures Due to COVID-19

By: Marcy GutierrezAlyssa BivinsErin FrazorTilman Heyer-

Special Considerations for Students with Exceptional Needs Related to School Closures Due to COVID-19

By: Marcy GutierrezDeniss Escorcia Dimas-

California Passes New Law To Increase Protection And Safety Of Special Education Students In Nonpublic Schools

By: Marcy Gutierrez-

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

By: Marcy Gutierrez-

Ninth Circuit Addresses Impact Of Dismissals And Settlement Of Due Process Complaints On The IDEA's Administrative Remedy Exhaustion Requirement

By: Marcy GutierrezSloan SimmonsAmanda Cordova-

Ninth Circuit Upholds District's Unilateral Change Of Location Of IEP Services, Emphasizes Importance Of Academic Needs In LRE Analysis

By: Marcy GutierrezKyle Raney-

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

By: Marcy GutierrezAmanda Cordova-

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

By: Marcy Gutierrez-

Non-Binding Order from OAH Requires School District Administer Medical Marijuana on Campus

By: Marcy GutierrezAimee PerryAlyssa Bivins-

The Pot Thickens: Legal Updates on Marijuana and Schools

By: Marcy GutierrezAimee PerryAlyssa Bivins-

Ninth Circuit Loosens Time Limits on IDEA Claims

By: Marcy Gutierrez-

Ninth Circuit Focuses on Timing of Student's Due Process Complaint for Stay Put Placement

By: Marcy Gutierrez-

Court of Appeal Weighs In On Non-Educational State Agency's Role in Providing Related Services

By: Marcy Gutierrez-

Court Denies Preliminary Injunction Barring Enforcement of Senate Bill 277

By: Marcy GutierrezAimee Perry-

Episode 48 COVID-19 School Closures: Compensatory Education in the Special Education Context

By: Marcy GutierrezColleen Villarreal-

Following COVID-19 school closures during the 2019-2020 school year, many school districts are faced with making determinations regarding potential compensatory education for their special education student populations. Host Sloan Simmons discusses the concept of compensatory education and school closures with Lozano Smith special education experts Marcy Gutierrez and Colleen Villarreal, including important factors for districts to consider on this subject and the latest OAH rulings on point.

Return to School in the COVID-19 Era - Special Education Issues (Part 2)

By: Marcy GutierrezAlyssa Bivins-

Host Sloan Simmons talks with Lozano Smith Special Education Practice Group leaders Marcy Gutierrez and Alyssa Bivins about the latest developments on COVID-19 and special education, with a focus on Senate Bill 98 and the most recent state and federal directives and guidance heading into the 2020-2021 school year.

Fall 2019 Legislative Roundup - Special Education Bills

By: Marcy GutierrezKyle RaneyAlyssa Bivins-

Sloan Simmons sits down with Lozano Smith Special Education Practice Group Leaders Marcy Gutierrez and Aly Bivins, along with special education, 504, and student attorney Kyle Raney, to discuss this year's legislative activity in the area of special education, as well to get their views on what school officials should be thinking about in the special education arena looking forward to 2020.

What Is Least Restrictive Environment? What the Courts Say

By: Marcy Gutierrez-

Host Sloan Simmons talks to Lozano Smith's Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit.