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Yakima Convention Center
October 7-9, 2013

An Annual Overview of Selected Legal Issues Affecting Special Education Administration and Practices

Monday, October 7, 2013

8:00amRegistration Desk Opens

8:00am - 9:00amCoffee and tea service

9:00am - 5:00pmPre-Institute Mini-Courses

Mini-Courses



Tuesday, October 8, 2013

7:30amRegistration Desk Opens

7:30am - 8:30amCoffee and tea service

8:30am - 10:00amFirst General Session

Current Decisions in Special Education Law
Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
As with previous years, 2013 has been an active year of special education litigation and agency action. Although the IDEA has not been recently reauthorized, current decisions in the area of special education continue to flow from the courts and the U.S. Department of Education, and educators need to stay on the cutting edge of this decisional law. This presentation will provide a whirlwind tour of relevant decisions since last year's Institute.

10:00am - 10:15amBreak

10:15am - 11:45amTuesday Morning Workshops

Workshops 1 through 7
1-2-3-4-5-6-7

  1. The Principal and Special Education
    Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
    This session specially designed for building administrators will cover those area of special education that confront a building administrator from the time they first walk in a building. Tips will be shared to avoid common traps that prevent compliance with the law and build strong relationships.
  2. Ninth Circuit Special Education Decisions
    Art Cernosia, Attorney/Education Consultant, Williston, Vermont
    An overview and analysis of significant Ninth Circuit, United States Court of Appeals decisions interpreting IDEA rights affecting special education professional practices in the Pacific Northwest, and other western states and territories. (Alaska, Idaho, Oregon, Washington, Montana, Arizona, California, Guam, Hawaii, Nevada and Northern Mariana Islands).
  3. The Changing Landscape of Interventions for Autism Spectrum Disorders
    Dr. Raphe Bernier, Director of Clinical Services for the UW Autism Center, Assistant Professor of Psychiatry and Behavioral Sciences, Adjunct Assistant Professor of Psychology, University of Washington, Seattle, WA
    There are hundreds of approaches that have been proposed for the treatment of autism spectrum disorders and providers and families must make sense of the myriad options. This session will provide a foundational understanding of the scientific literature regarding autism intervention, including behavioral models, educational models, medical perspectives, and complementary and alternative approaches. Additionally, tools for working with families to make informed decisions about treatment options will be discussed.
  4. Avoiding the Pitfalls of Co-teaching While Achieving Job Satisfaction For Both!
    Diane Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
    Learn how to support effective partnerships, preventing the special educator from feeling like an aide, and the general educator feeling challenged over who "owns" which students in MY classroom.
  5. Sports and the Special Needs Athlete- Go Team?
    Tim Sell, Senior Attorney, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
    Policy guidance relating to compliance with Section 504 and Title II of the ADA regarding athletic eligibility and participation in extracurricular activities by students with disabilities in light of the recent Department of Education ruling.
  6. Parent Rights Under the IDEA and Related State Law: What is Required?
    Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon
    Parents play an important role in the special education process. Accordingly, the IDEA and corresponding state laws afford parents a variety of rights designed to ensure their informed and meaningful participation in that process. What are those rights and what must districts do to avoid violating them? A practical discussion of parental rights regarding notice, consent, native language, evaluations, participation in IEP meetings, placement, education records, discipline, dispute resolution, and more.
  7. Response to Intervention (RTI) : Lessons Learned
    David Putnam, Director, Oregon RTI, Tigard-Tualatin School District, Tigard, OR
    An advanced session highlighting successfully implementation of RTI, the outcomes with respect to identification of students and evolving instructional practices, what issues have developed over time, what policies and procedures have been developed to address those issues.

11:45am - 12:00pmRecess

12:00pm - 1:30pmHosted Luncheon and Second General Session

Diagnostic and Statistical Manual of Mental Disorders (DSM-5) What it Might Mean to You!
Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA and Diane Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA


1:45pm - 3:15pmTuesday Early Afternoon Workshops

Workshops 8 through 14
8-9-10-11-12-13-14

  1. Legally Defensible Threat Assessments
    Diane Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
    In alignment with the FBI, Secret Service and Department of Ed. findings in the Safe School Initiative, and in collaboration with Dr. Dewey Cornell, University of Virginia, review the components of team-based onsite Threat Assessment protocol and how to avoid legal pitfalls in the process. Also review the intersection of school safety and special education law that provides safeguards for all.
  2. Social Media and Special Education
    Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL
    Understanding the role of social media in the education world is critical. If businesses can utilize social media platforms to increase sales, why can't teachers use social media platforms to increase student grades? Teachers and students alike are using technology in the classroom, including social media in all its various forms. Learn about common pitfalls and issues involving technology that schools should focus attention on.
  3. Students with Allergies and other Health Related issues
    Suzy Harris, Legal Counsel (Special Education/Section 504), Portland Public Schools, Portland, Oregon
    Hardly a week goes by without reading an article in the newspaper about allergies and other health related issues - they are epidemic. School districts must be particularly sensitive to the needs of students with health issues as they serve a large number of students with varying needs in an environment that is not easily controlled. This session will highlight recent cases and stories from around the country and provide practical advice for drafting policies and responding to parental requests for accommodations.
  4. Effective and Legally Sound Programming for Students with Emotional and Behavioral Disorders (EBD)
    Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA
    This presentation will discuss how to create an effective program for students with E/BD that provides a continuum of supports and placement options ranging from full inclusion to 100% placement in a self-contained classroom. The audience will learn about an approach to creating E/BD programs that is predicated on the integration of evidence-based practices and Response to Intervention procedures (e.g., progress monitoring to make data-based decisions and implementation of a multi-tiered system of support
  5. Q & A--Ask the Experts OCR Style
    Panel from the U.S. Department of Education, Office for Civil Rights, Seattle, Washington
    A panel of experts from the Office of Civil Rights will provide a framework to answer your questions on issues that develop at the building and classroom level.
  6. Dispute Resolution: The Citizen Complaint Process
    Pam McPartland, Program Supervisor, Special Ed., Washington OSPI, Olympia, Washington
    This intermediate level workshop spotlights the complaint resolution process. This presentation will benefit SEA level complaint investigators, covering complaint investigation methods and procedures; LEA level school staff and administrators charged with responding to complaints and potential complainants on writing a clear complaint and providing supporting information.
  7. English Language Learners (ELL) and Special Education
    Julie Esparza Brown, Julie Esparza Brown, EdD, Graduate School of Education, Special Education, Portland State University
    Research shows that ELLs are typically either over-represented or under-represented in district special education programs across the U.S.. The ELL population percentages are disproportionate when compared to their English speaking peer populations' percentages. Research demonstrates that English language learners with the least amount of language support are most likely to be referred to special education. ELLs receiving all of their instruction in English were almost three times as likely to be in special education as those receiving some native language support. Challenge are also face when parents are also non English speaking. This session will delve into the legal issues impacting your school districts.

3:15pm - 3:30pmBreak

3:30pm - 5:00pmTuesday Late Afternoon Workshops

Repeat workshops 1 through 4 and add
15-16-17-18

  1. The Principal and Special Education
    Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
    This session specially designed for building administrators will cover those area of special education that confront a building administrator from the time they first walk in a building. Tips will be shared to avoid common traps that prevent compliance with the law and build strong relationships.
  2. Ninth Circuit Special Education Decisions
    Art Cernosia, Attorney/Education Consultant, Williston, Vermont
    An overview and analysis of significant Ninth Circuit, United States Court of Appeals decisions interpreting IDEA rights affecting special education professional practices in the Pacific Northwest, and other western states and territories. (Alaska, Idaho, Oregon, Washington, Montana, Arizona, California, Guam, Hawaii, Nevada and Northern Mariana Islands).
  3. The Changing Landscape of Interventions for Autism Spectrum Disorders
    Dr. Raphe Bernier, Director of Clinical Services for the UW Autism Center, Assistant Professor of Psychiatry and Behavioral Sciences, Adjunct Assistant Professor of Psychology, University of Washington, Seattle, WA
    There are hundreds of approaches that have been proposed for the treatment of autism spectrum disorders and providers and families must make sense of the myriad options. This session will provide a foundational understanding of the scientific literature regarding autism intervention, including behavioral models, educational models, medical perspectives, and complementary and alternative approaches. Additionally, tools for working with families to make informed decisions about treatment options will be discussed.
  4. Avoiding the Pitfalls of Co-teaching While Achieving Job Satisfaction For Both!
    Diane Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
    Learn how to support effective partnerships, preventing the special educator from feeling like an aide, and the general educator feeling challenged over who "owns" which students in MY classroom.
  1. Dangerous Students: District Liability
    Michael Rorick, Attorney at Law, Porter Foster Rorick LLP , Seattle, WAThis presentation will look at Risk to Fellow Students and Staff; Section 1983 Liability; Negligence and Workers' Compensation "Deliberate Intention" Exception; Recommended Preventive Action to Avoid Liability; Temporary and Permanent Removal from Current Placement, Including Interim Alternative Setting and Honig Injunction; and Criminal Assault and Role of Law Enforcement Authorities.
  2. Primer on the IEP Process--What You Need to Know and How to Do It.
    Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, IdahoThis session will look at the challenges presented in the IEP process including predetermination, attendance, clarity of language,use of the common core standards to increase learning, etc. How do we effectively and accurately report achievement in the world of high stake testing and education reform? Progress reports, report cards, transcripts, and various modifications involved in reporting progress will be addressed.
  3. Regular Educators Who do Too Much (or Too Little) and How to Get it Just Right!
    Jill L. Geary, Attorney at Law, Wolf Bay Law, Seattle, WAThe legal underpinnings of the regular educators' role in educating Students with Disabilities in their classes. It will include issues of accommodations and modifications; "leveling the playing field" vs. "changing the game;" LRE and inappropriate programming; grades, report cards, and transcripts; and the "side effects" of doing "too much." The workshop will be practical, provide real-class examples, and hints for good practice to help lead regular and special educators from confusion to confidence! Includes interaction of NCLB and IDEIA
  4. Bridging Research to Practice: The Support, Management and Preparation of Paraeducator Daily Practices and Responsibilities
    Regina Moreno, Director of Special Education Programs, Associate Professor, College of Education, Concordia University, Portland, ORLegal requirements related to Paraeducators: professional qualifications: use of paraeducators for instruction or other tasks; and supervision of paraeducators.

EveningDinner on your own

Wednesday, October 9, 2013

7:30amRegistration Opens

7:30am - 8:15amCoffee and tea service

8:15am - 9:45amWednesday Early Morning Workshops

Repeat workshops 5-6-8-9-10-11
and add workshop 19

  1. Sports and the Special Needs Athlete- Go Team?
    Tim Sell, Senior Attorney, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
    Policy guidance relating to compliance with Section 504 and Title II of the ADA regarding athletic eligibility and participation in extracurricular activities by students with disabilities in light of the recent Department of Education ruling.
  2. Parent Rights Under the IDEA and Related State Law: What is Required?
    Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon
    Parents play an important role in the special education process. Accordingly, the IDEA and corresponding state laws afford parents a variety of rights designed to ensure their informed and meaningful participation in that process. What are those rights and what must districts do to avoid violating them? A practical discussion of parental rights regarding notice, consent, native language, evaluations, participation in IEP meetings, placement, education records, discipline, dispute resolution, and more.
  1. Legally Defensible Threat Assessments
    Diane Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
    In alignment with the FBI, Secret Service and Department of Ed. findings in the Safe School Initiative, and in collaboration with Dr. Dewey Cornell, University of Virginia, review the components of team-based onsite Threat Assessment protocol and how to avoid legal pitfalls in the process. Also review the intersection of school safety and special education law that provides safeguards for all.
  2. Social Media and Special Education
    Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL
    Understanding the role of social media in the education world is critical. If businesses can utilize social media platforms to increase sales, why can't teachers use social media platforms to increase student grades? Teachers and students alike are using technology in the classroom, including social media in all its various forms. Learn about common pitfalls and issues involving technology that schools should focus attention on.
  3. Students with Allergies and other Health Related issues
    Suzy Harris, Legal Counsel (Special Education/Section 504), Portland Public Schools, Portland, Oregon
    Hardly a week goes by without reading an article in the newspaper about allergies and other health related issues - they are epidemic. School districts must be particularly sensitive to the needs of students with health issues as they serve a large number of students with varying needs in an environment that is not easily controlled. This session will highlight recent cases and stories from around the country and provide practical advice for drafting policies and responding to parental requests for accommodations.
  4. Effective and Legally Sound Programming for Students with Emotional and Behavioral Disorders (EBD)
    Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA
    This presentation will discuss how to create an effective program for students with E/BD that provides a continuum of supports and placement options ranging from full inclusion to 100% placement in a self-contained classroom. The audience will learn about an approach to creating E/BD programs that is predicated on the integration of evidence-based practices and Response to Intervention procedures (e.g., progress monitoring to make data-based decisions and implementation of a multi-tiered system of support
  1. Restraints and Other Aversive Interventions: Changing the Practice
    Laura Matson, Program Specialist, Learning Support Services, Franklin Pierce Schools, Tacoma, WA
    In light of the focus on evidenced based practices and increased publicity regarding injuries and death resulting from these aversive interventions, the continued use of aversive interventions in public school settings is questioned by many at the national, state and district level. This session will provide participants with current and pending policies regarding the regulation of aversive interventions. Systematic practices and strategies being used by schools and districts to reduce the need for aversive interventions will be shared.

9:45am - 10:00amBreak

10:00am - 11:30amWednesday Late Morning Workshops

Repeat workshops 12, 13, 15 through 18 and add 20

  1. Q & A--Ask the Experts OCR Style
    Panel from the U.S. Department of Education, Office for Civil Rights, Seattle, Washington
    A panel of experts from the Office of Civil Rights will provide a framework to answer your questions on issues that develop at the building and classroom level.
  2. Dispute Resolution: The Citizen Complaint Process
    Pam McPartland, Program Supervisor, Special Ed., Washington OSPI, Olympia, Washington
    This intermediate level workshop spotlights the complaint resolution process. This presentation will benefit SEA level complaint investigators, covering complaint investigation methods and procedures; LEA level school staff and administrators charged with responding to complaints and potential complainants on writing a clear complaint and providing supporting information.
  1. Dangerous Students: District Liability
    Michael Rorick, Attorney at Law, Porter Foster Rorick LLP , Seattle, WAThis presentation will look at Risk to Fellow Students and Staff; Section 1983 Liability; Negligence and Workers' Compensation "Deliberate Intention" Exception; Recommended Preventive Action to Avoid Liability; Temporary and Permanent Removal from Current Placement, Including Interim Alternative Setting and Honig Injunction; and Criminal Assault and Role of Law Enforcement Authorities.
  2. Primer on the IEP Process--What You Need to Know and How to Do It.
    Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, IdahoThis session will look at the challenges presented in the IEP process including predetermination, attendance, clarity of language,use of the common core standards to increase learning, etc. How do we effectively and accurately report achievement in the world of high stake testing and education reform? Progress reports, report cards, transcripts, and various modifications involved in reporting progress will be addressed.
  3. Regular Educators Who do Too Much (or Too Little) and How to Get it Just Right!
    Jill L. Geary, Attorney at Law, Wolf Bay Law, Seattle, WAThe legal underpinnings of the regular educators' role in educating Students with Disabilities in their classes. It will include issues of accommodations and modifications; "leveling the playing field" vs. "changing the game;" LRE and inappropriate programming; grades, report cards, and transcripts; and the "side effects" of doing "too much." The workshop will be practical, provide real-class examples, and hints for good practice to help lead regular and special educators from confusion to confidence! Includes interaction of NCLB and IDEIA
  4. Bridging Research to Practice: The Support, Management and Preparation of Paraeducator Daily Practices and Responsibilities
    Regina Moreno, Director of Special Education Programs, Associate Professor, College of Education, Concordia University, Portland, ORLegal requirements related to Paraeducators: professional qualifications: use of paraeducators for instruction or other tasks; and supervision of paraeducators.
  1. Bargaining and Special Education
    Mike McNett, Advocacy Specialist, Washington Education Association, Federal Way, WA and Connie Compton, President, Kent Education Association, Kent, WA
    Bargaining has a major impact on both the teacher's association and the district. Issues arise at the table impacting both general and special educators, including meeting participation and preparation, workload, equity, evaluation, assessment and placement, and safety. This session, conducted by two seasoned union negotiators, will explore the labor relations aspects of these and other areas, and suggest constructive approaches that may be considered through the negotiations process

11:45am - 1:15pmHosted Lunch and Third General Session
Ralph E. Julnes Memorial Keynote Address

Urban Myths and "Mythstakes"
Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL

1:15 pm2013 Institute Adjourns