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In addition to the SELC, we regularly provide in-service Other notable cases:
trainings to school districts on a wide variety of topics, G.M. v. Dry Creek Joint Elementary School District, Ninth
ranging from student discipline to Section 504 to avoiding Circuit Court of Appeals, Case No. 12-17242. In 2014,
disproportionate representation of minority students in on appeal, the Ninth Circuit issued an unpublished
special education. Our attorneys are also regularly invited memorandum affirming an OAH due process hearing in
to present at statewide and national conferences, including favor of the District. The Ninth Circuit panel affirmed the U.S.
the ACSA Every Child Counts Symposium, LRP National District Court’s grant of summary judgment in the District’s
Institute, and LRP School Attorneys Conference. favor on the plaintiff’s section 504 claims, as well as an
award of attorneys’ fees sanctions against the parent’s
Mediation and Litigation Support attorney.
The firm encourages its clients to build strong relationships
with parents, to consider alternative dispute resolution F.S.D. v. Santa Barbara Unified School District, U.S.D.C.
(including mediation), and to be proactive, fair minded, Central District of California, Case No. 2:13-cv-03191. Lozano
and responsive while setting reasonable limits. As do most Smith attorneys obtained a favorable outcome for the
school districts, the firm’s clients informally resolve most district on an appeal of a due process decision, coupled
special education due process cases at mediation or before with various civil rights claims under section 1983, section
hearing. When a hearing has been necessary, Lozano Smith 504 and the ADA. Lozano Smith represented the district
attorneys have successfully represented clients through successfully during the underlying due process decision and
that process. Our attorneys have successfully moved for appeal of same, defending OAH’s ruling, which the Court
affirmed in full. As a result of that victory and elimination of
dismissal of cases prior to hearing when circumstances allow.
any remaining viable theories for the plaintiff’s civil rights
claims, the plaintiff ultimately stipulated to dismissal of the
To minimize client costs, the firm’s Special Education
Practice Group has created for use by our attorneys an remaining causes of action in the litigation.
expansive internal library of special education templates
including settlement agreements, presentations, manuals, Alex G. v. Bd. of Trustees, U.S.D.C. Eastern District of
policies, procedures, forms, pleadings, statutory settlement California, Case No. 8:03-2258. Lozano Smith successfully
offers, legal opinion letters and memorandums, prehearing moved for partial summary judgment on behalf of the
conference statements, opening briefs, witness questions, District, resulting in one of the first published decisions
applicable in California to stand for the proposition that a
and closing briefs.
plaintiff seeking to impose liability under Section 504 “must
show that the educational decisions relating to the student
Special Education Litigation were so inappropriate as to constitute either bad faith or
Lozano Smith has brought and defended numerous lawsuits gross misjudgment.”
including appeals from administrative hearing decisions
and attorneys fee actions. We have filed actions to obtain
restraining orders to change the placement of special
education students who pose a danger to themselves or
others. The firm’s special education attorneys have handled
matters involving virtually every conceivable legal issue in
the field. For example, Lozano Smith:
> Represented CSBA in the mandated cost reimbursement
litigation against the State of California that resulted in a
$1 billion settlement in favor of the school districts.
> Represented districts in countless due process cases,
mediations, and numerous appeals to federal District
Court and the Ninth Circuit Court of Appeals.

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