Agendas

Overcoming Hostility to IDEA and 504 FAPE by Nondisabled Students, their Parents and School Employees – presented by Dave Richards

The Nitty-Gritty of IEP Team Procedural Compliance from Identification to Dismissal – presented by Jose Martin

The IDEA is a law of procedures designed to achieve the outcome of a free appropriate public education (FAPE) to eligible students. While the law’s procedural requirements can seem overwhelming, they are driven by a purpose of ensuring meaningful parental participation in the IEP process. Thus, this session will review the process requirements applicable to IEP teams, starting with notices of IEP meeting, contents of the notices, the proper sequence of IEP team decision-making, establishing present levels of student performance, developing IEP annual goals, addressing the need for accommodations or other supplementary aids and services, stating the special education and related services accurately, determining placement in the least restrictive environment, required and discretionary IEP team participants, parent rights in meetings, audio and video recording of meetings, preparing for meeting while avoiding predetermination in the IEP process, dealing with difficult meeting moments, helpful and unhelpful staff comments in meetings, and dealing with disagreement, among others.

Student-Centered Manifestation Determinations Reviews – presented by Mandy Favaloro

The session will provide an introduction to the process of manifestation determination reviews (MDR) under the IDEA. Attendees will gain an understanding of the requirements for an MDR, strategies for holding a legally compliant MDR that takes into consideration information from parents and focuses on the needs of the student, steps to take after an MDR to address student’s needs, including functional behavior assessments, behavior intervention plans and expedited due process. The session will also provide an introduction to behaviors related to past trauma and adverse childhood experiences and how to take those into consideration during the MDR and when establishing a behavior intervention plan (BIP) to be implemented in the educational setting. Throughout the session, attendees will have the opportunity to review scenarios and discuss how the behaviors may or may not be considered to be manifestations of a child’s disability, when behaviors are directly related to a District’s failure, and how to advocate for the student who may be removed to an interim alternative educational setting.

Costs of Special Education Litigation – presented by Chris Schulz

This presentation will review special education dispute resolution procedures, including resolution sessions and mediations, and thoroughly examine parents’ entitlement to attorney fees and ways schools can reduce their exposure to attorney fee awards in cases in which the parent prevails.

Transitions, Transitions, and More Transitions – presented by Jonathan Read

The term “transition” when applied to students with disabilities can take many forms: Part C to Part B services, preschool to kindergarten, nonpublic school to public school, a change in service providers, a return to school from distance learning, and, of course, high school to post-school activities. And all of these transitions can—and have—presented districts with challenges and, unfortunately, litigation. This session will cover each of these transition topics, and others, with an overview of the law and an analysis of recent decisions, along with exploring best practices to better serve students during their various times of transition.

Transportation Issues in Special Education: Avoiding the Bumps and Legal Hazards – presented by Betsey Helfrich

From a review of recent case law to current hot-topics, this presentation will examine the legalities of transportation for students with disabilities. From curb-to-curb transportation to sharing information with contracted bus drivers, this presentation will cover your most frequently asked questions and include practical tips to minimize liability and keep students safe.

Section 504 Deep-Dive: Is this Student “Substantially Limited”? – presented by Dave Richards

This topic is crucial to eligibility but typically doesn’t get much attention, resulting in lots of confusion in the 504 Committee. It focuses on how the committee determines whether a student is impaired enough to be eligible.

What is the Current State of Discipline of IDEA Students? New USDE Guidance and Changing Perspectives – presented by Jose Martin

With the new administration comes a different approach to school discipline. Although the rules of IDEA discipline remain unchanged, how schools analyze their district-wide disciplinary practice is definitely changing. This session provides an update of the POTUS Executive Order on discipline, the resulting USDE guidance, and the impact on how schools study their discipline policies and practices. In addition, the session will provide a “user-friendly” method for understanding the rules of disciplinary removals under IDEA, as well as the role of functional behavioral assessments (FBAs) and behavior intervention plans (BIPs), the “special circumstances” offenses, extraordinary removal options, and the intersection of threat assessments and IDEA regulations.

Solidifying the IEP for Students with Autism – presented by Chris Schulz

This presentation will examine many of the strategies typically used to support students with autism and other disabilities. This includes Extended School Year services, in-home training, and staff to student ratios.

Dyslexia Eligibility, Goals, and Services – presented by Jan Tomsky

Dyslexia—the most common learning disability—remains one of the hottest topics in special education law across the country.  Through an examination of the law, the latest guidance and selected recent court and due process decisions, Jan Tomsky focuses on some of the most problematic issues for IEP teams in determining eligibility, drafting appropriate measurable goals and providing services for students diagnosed with dyslexia.  This session imparts important lessons for school staff and administrators, along with several practical compliance takeaways.

Thoughts on Distinguishing DEI from Legal Compliance under IDEA and Section 504 – presented by Dave Richards

This topic addresses a concern that schools are so fearful of committing DEI that they may not do all that federal disability law requires. This dynamic is often referred to in the law as the “chilling effect” as folks don’t want to get too close to what is rejected policy or practice sometimes resulting in inadequate compliance efforts. The focus will be on identifying the boundary and the danger areas so that schools can comply with confidence.

Executive Functioning Deficits: A Legal Overview – presented by Jonathan Read

Executive functioning encompasses the mental processes that enable students to plan, focus attention, remember instructions and handle multiple tasks successfully.  Focusing on key case law decisions, this session, presented by Jonathan Read, analyzes the adequacy of how IEP teams have addressed a student’s executive functioning deficits.  In particular, we will cover the adequacy of assessments, goals, services and placement for this group of students, including addressing such deficits in postsecondary transition planning.  In addition to legal overview, you’ll receive numerous practical pointers to help IEP teams avoid mistakes that can lead to costly and time-consuming litigation for both districts and parents.

Developing an IEP to Address School Avoidance – presented by Mandy Favaloro

School avoidance or school refusal is when a child refuses to attend a school or has difficulty remaining in school the entire day. School refusal behavior affects about 5-28% of school-aged youths at one time or another and is present fairly equally across gender, racial, and income groups. As school personnel, advocates and attorneys see a rise in these types of cases following extended school closures and pressures put on modern students, we need to be able to address the issue before too much learning loss takes place. The presentation provides participants with information about the common causes and functions of school avoidance. Attendees will gain an understanding which assessments address common issues of students with school avoidance, establishing eligibility, and drafting an IEP document that addresses all of the student’s needs including goals, BSP, accommodations, modifications, related services and placement. In addition, the presentation will include examples, taken from case law, of how this issue is addressed within the courts.

General Session: Parent v. District: Perspectives from Each Side – presented by Lara Hruska and Carlos Chavez, moderated by Dr. Vanessa Tucker

Please join parent attorney Lara Hruska, and school district attorney Carlos Chavez as they offer their unique perspectives on current special education issues and topics during this interactive session, facilitated by Dr. Vanessa Tucker, Ph.D., BCBA-D.  Ms. Hruska is the founder of Cedar Law PLLC, an education law firm representing families in California, Oregon and Washington.  Mr. Chavez is a partner at a Seattle law firm, Pacifica Law Group and represents school districts throughout Washington.  Dr. Tucker is a university professor, behavior analyst, and expert witness focused on supporting effective programming for students with low incidence disabilities, particularly autism.

Ensuring Meaningful Parental Participation – presented by Jan Tomsky

School districts have encountered many legal challenges in making sure that parents have the opportunity to participate in the development and implementation of their child’s IEP.  Scheduling IEP meetings, ensuring parents understand the proceedings, holding meetings without parents, and making team decisions are all issues that districts must approach carefully so that parents of students with disabilities are partners in the IEP process.  Look with us at the statutes, regulations and cases addressing these topics and get practical tips on how to comply with the myriad of legal requirements.

Navigating the Legal Crossroads: The Complex Intersection of Title IX and the IDEA – presented by Elizabeth Polay

This presentation delves into the complex overlap between Title IX, which mandates gender equity in educational programs, and special education laws, which protect students with disabilities. It highlights the nuanced challenges schools face when addressing the unique needs of students who may be impacted by both gender-based discrimination and disability-related issues. By examining case law, rapid changes in federal guidance and policy, and practical considerations, the session underscores the intricate legal and ethical responsibilities educators must navigate to ensure all students are equitably supported.