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 more than 35 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:
Title IX
Lozano Smith’s Title IX Practice Area is comprised of specialists dedicated to the pressing issues faced clients. From athletics to sexual violence, this team advises, trains, and educates clients on the various components of Title IX – from prevention and mitigation to investigations resulting in disciplinary action. Areas in which the group provides advice and training include:
- Athletics, including audits of athletic programs
- Sex-based discrimination
- Pregnant and parenting students
- Single-sex education
- Issues relating to transgender and students
- Developing and auditing complaint grievance procedures and policies
- Responding to reports of sexual misconduct and harassment
- Investigating complaints of sexual misconduct and harassment
- Title IX Coordinator roles and responsibilities
- District and employee liability
- Reporting obligations
- Interaction with law enforcement agencies
- Discipline of students
- Litigation
- VAWA/Clery Act
- Trainings
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.
District Court Mandates Parental Option to Opt Out of Gender Identity Activities in Buddy Program
June 16, 2025 Number 24 In a decision signed on May 12, 2025, the United States District Court for the Southern District of California prohibited the Encinitas Union School District (District) from covering gender identity topics in health instruction in its elementary school buddy program, unless it provides parents with advance notice and an opportunity to opt out.Background InformationThe lawsuit, S.E. et al. v Andree Grey, (S.D.Cal. May 12, 2025, No.3:24-cv-1611-L-SBC) 2025 WL 1387061, ...
Citing Existing Compliance, CDE Declines to Re-Certify Title VI Compliance on Behalf of California Schools
June 2025Number 22On April 3, 2025, the United States Department of Education (DOE) sent letters (Request for Certification) to State Commissioners overseeing K-12 state education agencies requesting they certify compliance with Title VI and SFFA v. Harvard (SFFA v. Harvard) (2023) 600 U.S. 181, a recent U.S. Supreme Court decision. The four-page Request for Certification discussed Title VI prohibitions against discrimination on the basis of race, color, or national origin, which serve as a c...
The President Signs an Executive Order Regarding School Discipline Policies
May 2025Number 20On April 23, 2025, President Trump signed an Executive Order for public schools to develop student discipline polices without consideration of disparate racial and ethnic impacts on students. The Executive Order states; “The Federal Government will no longer tolerate known risks to children’s safety and well-being in the classroom that result from the application of school discipline based on discriminatory and unlawful ‘equity’ ideology.” In sum...
President Trump Signs Executive Order: Advancing Artificial Intelligence Education for Youth
May 2025Number 19On April 23, 2025, President Trump signed an Executive Order (EO) entitled “Advancing Artificial Intelligence Education for American Youth,” which establishes a national framework to integrate Artificial Intelligence (AI) into education and increasing training on AI for teachers and administrators. This EO creates the “White House Task Force on AI Education,” mandates development of K-12 AI educational resources, establishes teacher training programs, ...
Annual Notice of Parental Rights and Responsibilities Requirements, Recommendations, and Reminders for 2025
May 2025Number 18School districts, county offices of education, and charter schools should update their parental annual notice (Annual Notice) for the upcoming 2025-2026 school year. The following is a summary of the required Annual Notice updates, as well as some optional provisions.Mandatory Annual Notice ProvisionsExcused Absences – Military Entrance Processing (Senate Bill (SB) 1138)SB 1138 has added a student’s participation in military entrance processing to the list of excu...
Ninth Circuit Remands Case to Trial Court to Determine if District Policy Regarding Disclosure of Student’s Gender Identity to Parents Implicates a “Fundamental Liberty Interest”
April 2025Number 17The United States Court of Appeals for the Ninth Circuit has vacated the decision of the Eastern District of California dismissing a parent-plaintiff’s constitutional facial and as-applied challenges to the Chico Unified School District’s (District) Administrative Regulation (AR) 5145.3 - Nondiscrimination/Harassment (the Policy), specifically as it relates to student gender identity, privacy, and disclosure of information to parents. The Ninth Circuit remanded ...
Ninth Circuit Leaves in Place Idaho Law that Requires K-12 Students to Use Facilities Consistent with their Biological Sex
April 2025Number 14In Roe v. Critchfield (9th Cir. Mar. 20, 2025), Case No. 23-2807, __ F.4th __, the United States Court of Appeals for the Ninth Circuit held that pro-LGBTQ+ Plaintiffs’ challenge to Idaho Senate Bill 1100 (SB 1100), regarding access to bathrooms and like facilities based upon biological sex, was unlikely to succeed on the merits. As a result, Idaho public schools generally must require K-12 students to use the restrooms and facilities which correspond with their biolo...
