
Show Notes
Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future. Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.
Show Notes & References
1:26 – What is inclusion?
2:38 – The history of inclusion and why it matters
2:54 – Individuals with Disabilities Education Act (IDEA)
7:07 – Inclusion levels in classrooms
8:40 – What an inclusive environment should look like
10:36 – Least Restrictive Environment (LRE)
11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 – April 2023)
18:40 – Learning recovery and addressing disparities
21:45 – Referrals for inclusion programs
22:32 – Social Emotional Learning (SEL) curriculum
23:15 – Next steps for the future
25:14 – Multi-Tiered System of Supports (MTSS)
26:48 – Behavior, discipline, and support for students and teachers in the classroom
33:38 – Check-in’s and coming back
35:26 – Final thoughts
For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.
Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
More from Let’s Talk - Lozano Smith Podcast
When it comes to school and community college district projects, correctly classifying work as “maintenance” or “construction” can make or break your bidding and contracting process. In this episode, Lozano Smith attorneys Arne Sandberg and Andrea Olivarez join host Sloan Simmons to unpack the key distinctions between these two categories, how they impact contract structure and bidding requirements, and what your team needs to know about competitive thresholds and UPCCAA procedures. Whether you’re drafting a contract or preparing to go out to bid, this discussion offers essential guidance to ensure compliance and clarity.
In this episode, host Michelle Cannon engages with Lozano Smith Litigation Practice Group Co-Chair Sloan Simmons and Student Practice Group Co-Chair Kyle Raney to discuss the current state of the law in California under Mirabelli v. Bonta and Mahmoud v. Taylor. The discussion reviews developments and what is anticipated in the courts through the conclusion of 2026 in relation to these cases and parallel litigation, and covers best practices and policy options for school officials due to the current status of the law.
Public employees and officials have the right to participate in political activity, but important restrictions apply when personal advocacy intersects with public employment and agency resources. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Scott Cross and Gail Zurek to discuss how public employees and officials can distinguish between permissible private political activity and conduct performed in an official capacity. The conversation explores campaign activity during work and personal time, the use of agency facilities and resources, political forums and campaign materials, and the rules governing uniforms, agency logos, and equipment. The discussion also examines how public agencies may provide neutral information about ballot measures without engaging in advocacy, along with restrictions involving campaign solicitations, political benefits, and the Levine Act.
California’s SB 848 introduces significant new requirements for educational agencies related to ensuring the safety of students. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Carolyn Gemma and Brianna Ramos to discuss the background behind these new requirements and what educational agencies need to know as implementation continues. The conversation explores key changes, including new legal obligations regarding employment screening, comprehensive safety plans, mandated reports, and employee trainings. The discussion provides practical insights to help educational agencies understand the law’s various effective dates and take steps to maintain compliance moving forward.
California’s AB 126 introduces significant changes to charter school oversight and authorizer responsibilities. In this episode, host Sloan Simmons connects with Lozano Smith’s Charter Practice Group Co-Chairs, Ed Sklar and Erin Hamor, to discuss the background behind these reforms and what they mean for charter schools and authorizers. The conversation explores key changes, including expanded oversight requirements, enhanced fiscal monitoring obligations, fraud reporting responsibilities, and further clarifications to California’s Charter Schools Act. The discussion provides practical insights to help authorizers prepare through policy updates, strengthened protocols, and improved documentation practices.