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.
California Attorney General Publishes Updated Guide on the Rights of Undocumented Immigrant Students and Families
January 2025Number 1In December 2024, the California Attorney General’s Office (AG) published a new edition of their guide addressing policies to protect the rights of undocumented students and their families. The guide is titled, “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues.”BackgroundIn April 2018, the AG published the first edition of the guide and model...
OCR Warns of Discrimination Risks Caused by Use of AI
January 2025Number 3The U.S. Department of Education’s Office for Civil Rights (OCR) published new guidance, “Avoiding the Discriminatory Use of Artificial Intelligence,” highlighting how schools’ use of artificial intelligence (AI) could lead to civil rights violations related to racial, sexual, and disability discrimination. The guidance document provides examples of AI-related scenarios that might trigger OCR investigations under federal civil rights laws. While AI ...
All Homework and No Play Makes Students Have a Bad Day – California Seeks to Ease Homework Related Stress
November 2024Number 48On September 27, 2024, Governor Gavin Newsom signed Assembly Bill (AB) 2999, also known as the Healthy Homework Act, into law, following growing concern about students’ mental health amid an increasing volume of homework. AB 2999 encourages (but does not require) local educational agencies (LEAs) to develop a homework policy by the 2027-28 school year and adopt it by the 2028-2029 school year. More Homework, More ProblemsAccording to the legislative declaratio...
Attending to Student Absences: New Laws Address Valid Excuses and Truancy Notifications
Ocotber 2024Number 45Governor Gavin Newsom signed two new bills into law impacting student truancy and absences for students in grades K-12, including those attending charter schools. Senate Bill 1138 (SB) excuses a student’s absence from school due to military entrance processing, as of January 1, 2025. SB 691 removes punitive language in initial truancy letters sent by schools on or after July 1, 2025. Senate Bill 1138—Excuses Military Entrance Processing AbsencesCalifornia...
Changes in Student and Curriculum Laws: Religious Fasting Accommodations in PE, and Menstrual Health Curriculum in Sexual Health Education
October 2024Number 46Among the many recent bills passed by the California Legislature and signed into law are two bills impacting students and curriculum: Assembly Bill (AB) 2377 and AB 2229. Both bills go into effect January 1, 2025.AB 2377 – Religious Fasting AccommodationAB 2377 adds section 51240.5 to the Education Code and requires any student from kindergarten through 12th grade who is participating in religious fasting to be granted an accommodation during any physical activ...
School Districts Will Soon be Required to Adopt Policies Restricting Student Cell Phone Use
September 2024Number 40On August 28, 2024, the Legislature passed Assembly Bill (AB) 3216, known as the Phone-Free Schools Act, which was signed into law by the Governor on September 23, 2024. The bill amends Education Code section 48901.7 to require school districts to develop and adopt, no later than July 1, 2026, a policy to limit or ban the use of smartphones by students during the school day. This development follows the enactment of AB 272 in 2019, which added Education Code section 489...
Important Updates Regarding Independent Study Programs
August 2024Number 38The 2024 Education Omnibus Budget Trailer Bill, also known as Senate Bill (SB) 153, includes notable changes to the parameters for independent study programs. These changes, as further outlined below, affect both traditional and course-based independent study, and were made effective as of June 29, 2024. In addition, SB 114, last year’s budget trailer bill, made changes to independent study requirements in the event of emergency school closures.Changes to Traditional...
