Overview

Kaitlyn M. Tucker is Senior Counsel in Lozano Smith's Sacramento office and co-chair of the firm's Special Education Practice Group. Ms. Tucker primarily represents public school district clients on issues related to special education and student matters.

Experience

Ms. Tucker represents local educational agencies in various legal forums in California, including the Office of Administrative Hearings, Office for Civil Rights, and the California Department of Education. This includes representing school districts in all aspects of due process, including resolution sessions, mediations, settlement negotiations, and hearings. She also regularly advises and represents school districts through state and federal law related to special education, such as the IEP and 504 processes, including attending IEP meetings, reviewing assessments, participating in 504 meetings, and ensuring compliance at all stages. Ms. Tucker has obtained successful decisions related to a school district's right to assess, right to implement an IEP without parental consent, and interim alternative educational setting placements.

Ms. Tucker also provides guidance and represents school districts with student-discipline related matters, including suspensions, expulsion hearings, expulsion appeals, temporary restraining orders, etc. She also focuses on assisting school districts with taking proactive measures to avoid disputes and create strong relationships with the community, including reviewing policies and procedures and assisting in alternative dispute resolutions. Her professional experience includes working with the California College Guidance Initiative, the Office of Fair Housing and Equity, and the Office of Senate Counsel.

Education

Ms. Tucker earned her Juris Doctor from Northeastern University School of Law and her Bachelor of Arts from Santa Clara University. While in law school, Ms. Tucker was a member of the International Refugee Association, the Women's Caucus and the Human Rights Caucus.

AB 2508: Reimagining Mental Health and Substance Abuse Services in Schools

By: Sarah Garcia, Kaitlyn Tucker-Marchini- 10/28/2022

UPDATE: Ninth Circuit Finds Lawsuit Regarding COVID-19 Limits on In-Person Learning Now Moot

By: Sloan Simmons, Kaitlyn Tucker-Marchini- 08/08/2022

AB 309 & SB 224: Addressing Student Mental Health in The Wake of COVID-19

By: Sarah Garcia, Kaitlyn Tucker-Marchini- 10/27/2021

UPDATE: Please Note, this Opinion has Been Vacated to Be Heard En Banc by Ninth Circuit

Ninth Circuit Finds COVID-19 Limits on Public School In-Person Learning Permissible, but Not for Private Schools

By: Sloan Simmons, Kaitlyn Tucker-Marchini- 09/23/2021

Episode 61 Responding to Student Behavior and Student Discipline in the Special Education Context

By: Sarah Garcia, Kaitlyn Tucker-Marchini- 04/20/2023

In this Lozano Smith Podcast episode, host Sloan Simmons talks with Lozano Smith special education Partner Sarah Garcia and special education attorney Kaitlyn Tucker about the nuances and options when responding to student behavior, including imposition of student discipline and other options, in the special education context.

Episode 55 Special Education - Private Schools and Alternatives to Public School Placements

By: Lauri Arrowsmith, Kaitlyn Tucker-Marchini- 07/05/2022

In the wake of COVID-19, many families have experienced or explored new ways for their children to receive education. Lozano Smith attorneys Lauri Arrowsmith and Kaitlyn Tucker will examine the recent trend of more parents seeking alternative placements for their children with disabilities and how educational agencies should handle such requests, including those seeking placement at a private or home school. This episode will also address recent case law in the past year which provides meaningful directives on this issue.