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Doubletree Seattle Airport
October 8-10, 2012

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

The Planning Committee is currently organizing the 2012 agenda. Please check back for updates. Below is 2011 program information.

2011 AGENDA

Monday, September 26

8:00amRegistration Desk Opens

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

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

Mini-Courses

Tuesday, September 27

7:30amRegistration Desk Opens

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

8:30am - 10:00amFirst General Session

The Year in Review
Wow! What a year it's been for special education and "legal happenings." Though there have been no changes to the IDEA or its regulations, a lot has happened during the past year. This session will review important court and agency decisions that have been rendered since last year's Institute, as well as the finalization of important regulations under Title II and Title III of the Americans with Disabilities Act. - Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama

10:00am - 10:15amBreak

10:15am - 11:45amTuesday Morning Workshops

  1. Section 504: Does a 504 Plan Include THAT?
    Too often, faced with a request for services or accommodations Section 504 Committees ask "does 504 require us to provide X?" The question seems to assume that the regulations list every approved service and accommodation, and if something on the list is requested, it must be provided. That is not the Section 504 process. Instead, what goes into a 504 Plan depends on evaluation data and student need. This session will examine the Section 504 FAPE, and provide examples from OCR Letters of Finding and case law on using data to determine appropriate Section 504 accommodations and services. - Dave Richards, Attorney, Richards Lindsay & Martin LLP, Austin,, Texas
  2. Discipline Under The IDEA
    What options are available for the discipline of special education students? What procedures must be followed when using those options? A practical discussion of discipline under the IDEA, including suspensions, expulsions, manifestation determinations, behavioral assessments and plans, interim alternative education settings, dealing with dangerous students, providing services during removals, “stay put†during appeals, treatment of students not yet identified as disabled under the IDEA, and more. How many days of suspension a year are allowed? What counts as a day of suspension? When is a manifestation determination required and how does the new standard work? When are functional behavioral assessments required? What services must be provided during a removal? When is an interim alternative education setting available and what procedures are required? - Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
  3. Assistive Technology
    We are challenged by students with learning disabilities, attention deficits, autism spectrum disorders, psychiatric impairments, Tourette's syndrome, seizure conditions to create a meaningful education environment. In educational environments, it is important for practitioners to keep in mind they can create school situations that are welcoming and accessible to individuals by effectively using technology. In this workshop, a seasoned IT professional will share practical technological solutions to make education more accessible. - Dan Comden, Access Technology Consultant, UW Adaptive Technology Lab, Seattle, Washington
  4. Developing Effective Educational Services for Students with Emotional/Behavioral Disability
    Historically, the last group of students considered for inclusion were those with moderate to severe emotional disabilities. Unfortunately, since students with emotional behavioral/disabilities (EBD) have an "invisible" handicap and look normal, there are some real myths surrounding their disability and the level of control they possess over their condition. The obligations of LEA's and SEA's to provide educational programs under IDEA and 504 for students with EBD are wide ranging and may include residential placements, mental health counseling, positive behavior interventions and supports, and distinctions between educational and medical services. This workshop will explore the various issues that arise when providing services for these students, evidence based practices to meet student needs, and a program evaluation and professional development approach that has been productive in several school districts in the Puget Sound. - Doug Cheney, Professor, Special Education, University of Washington, Seattle, Washington
  5. Avoiding the Pitfalls in the IEP's Process
    What You Need to Know and How to Do It. This session will look at the challenges presented in the IEP process including predetermination, attendance, clarity of language, etc - Jan Tomsky, Attorney at Law, Fagen Friedman & Fulfrost LLP, Oakland, California
  6. Restraints and Other Aversive Techniques: Permissible or Not?
    May we use physical restraints with a student? Can an IEP incorporate techniques that are viewed as aversive? What do courts do when confronted with these issues? This session will include a review of IDEA regulations, OSEP interpretation, case law and state regulations - Andree Larose, Attorney at Law, Morrison, Motl & Sherwood, PLLP, Helena, Montana
  7. Hot Topics in FERPA
    Family Educational Rights and Privacy Act can be a slippery slope to educators and administrators alike. Hot topics of this very important issue will be discussed. - Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho
  8. Response to Intervention: Lessons Learned
    An advanced session highlighting a system that has been successfully implemented, 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. - Michael Baskette, Life Skills Teacher, Skyview High School, Vancouver, Washington

11:45am - 12:00pmRecess

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

Fixing the IDEA Mistake
IDEA is a complex law and schools will make mistakes as they work to comply and serve students. This lively session addresses how to identify and fix the FAPE damage that may result from a mistake, and what to do to prevent the mistake from recurring. Utilizing research from medical malpractice literature, we'll also discuss the importance of building good relationships with parents prior to a mistake, and the need to restore trust once a mistake has occurred. - Dave Richards, Attorney, Richards Lindsay & Martin LLP, Austin, Texas


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

  1. A School's Right To Choose
    The focus of this session is on the controversy over the use of specific methodologies in the education of children with disabilities, including cochlear implants, autism, reading, and other instructional methodologies. We will also discuss when a District's "right" to choose a particular methodology may morph into an impermissible pre-determination of services - Patrick Tomblin, Executive Director of Special Services, Lake Oswego School District, Lake Oswego, Oregon
  2. Untangling Manifestation Determinations
    As educators we are asked to decipher the complex web of law and regulations governing the discipline protections for students with disabilities and applying the "manifestation determination" process. This session will cover the hows, whens and whys of doing a manifestation determination and when the exception for "no pattern" applies. This will prove to be a hands on, relevant discussion of a sometimes frustrating process. - Suzy Harris, Attorney at Law, Portland, Oregon
  3. "But My Son is Allergic to that Pony!" - Service Animals, Students with Allergies and Chemical Sensitivities
    Hardly a week goes by without reading an article in the newspaper about service animals or students with allergies and chemical sensitivitiesS. This session will present information on two growing areas of the law and discuss when they present a conflict with each other. 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 in these growing areas - Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL
  4. Athletics, Clubs and the Student with Disabilities under Section 504 and Title II of the ADA
    A senior attorney from the Seattle Office of the U.S. Department of Education Office for Civil Rights will discuss the requirements of Section 504 and Title II relating to athletic eligibility and participation in extracurricular activities by students with disabilities.  Get an update on how OCR applies the law and regulations in this area through a discussion of specific scenarios based on recent OCR letters.- Tim Sell, Senior Attorney, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
  5. Ninth Circuit Special Education Decisions
    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). - Art Cernosia, Attorney/Education Consultant, Williston, Vermont
  6. Special Education and the Criminal Justice System
    Youth with disabilities are over-represented in the juvenile justice system. Common disabilities in this population include attention deficit hyperactivity disorder (ADHD), learning disabilities (LD), developmental disabilities (DD), depression, conduct disorder, post-traumatic stress disorder (PTSD), and anxiety. Court procedures can be confusing and frightening. Parents, teachers and administrators need information about procedures and due process rights in language that they can understand. This workshop will fill in those gaps. This session will explore the relationship between public defenders, probation officers, judges, and others involved in the justice system with the school, special education student and parent. The issues underlying a young person's problem behavior and the success of community-based services to meet these needs will also be covered. - Paul Alig, Staff Attorney, TeamChild, Tacoma, Washington and Hillary Behrman, Statewide Legal Supervisor, TeamChild, Seattle, Washington
  7. Q & A – Ask the Experts
    A panel of experts will provide a framework to answer your questions on issues that arise in the school setting and on issues that develop at the building and classroom level. - Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon and Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho and Diane Wiscarson, Attorney at Law, Wiscarson Law, Portland, Oregon
  8. Transition Services Under IDEA 2004
    There is recognition under the new law that transition has been a weak link in the special education process. Individuals with disabilities remain unemployed and underemployed at alarming rates. A discussion of the legal history of transition services as well as court and agency decisions that attempt to define what services are appropriate to meet the law's requirements. What are the ramifications of IDEA 2004's revised focus on transition services? - Cinda Johnson, Assistant Professor and Director, Special Education Program, Seattle University, Seattle, Washington

3:15pm - 3:30pmBreak

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

Repeat workshops 1 through 8
1-2-3-4-5-6-7-8

EveningDinner on your own

Wednesday, September 28

7:30amRegistration Opens

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

8:15am - 9:45amThird General Session

Point/Counterpoint: Special Education Style
Many of you recall Point/Counterpoint, a program feature from of the long running 60 Minutes television show. These segments illustrated that two opposing positions can remain unreconciled, and served, in three-minute debates between opposing critics, to agitate viewer emotions with ideological battles. We will recreate these mini debates with a series of hot topics that call for firm positions on both sides of the issue but very little room for agreement based on the experiences of our speakers.Let the sparks fly! - Art Cernosia, Attorney/Education Consultant, Williston, Vermont and Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL

9:45am - 10:00amBreak

10:00am - 11:30amWednesday Morning Workshops

Repeat workshops 9 through 16
9-10-11-12-13-14-15-16

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

Re-Drawing The Lines
Neurodiversity: A Compass to a Changing World

"Neuro-diversity may be every bit as crucial for the human race as biodiversity is for life in general." – Harvey Blume, The New York Times

Renowned writer, neuro-diversity activist and author Jonathan Mooney vividly, humorously and passionately brings to life this wonderful world of neuro-diversity: the research behind it, the people who live in it, and the lessons it has for all of us who care about the future of education. Explaining the latest theories, Jonathan helps teachers and parents redefine what it is for students in the 21st century to think and to learn and to be successful. He provides concrete examples of how to prepare students and implement frameworks that best support their academic and professional pursuits.

In this lecture, Jonathan takes the audience to life in high schools organized around the principles of video gaming and visual culture. He transports the audience to snow-bound strip malls in Sweden where a software design company has decided to only hire people with Asperger's syndrome – not as charity, but because this company believes programmers with Asperger's make superior employees. As with Jonathan's other lectures, the audience will leave this talk fundamentally changed and empowered. "Re-drawing the lines" blends research and human interest stories with concrete tips that parents, students, teachers, and administrators can follow to transform learning environments and create a world that truly celebrates cognitive diversity. - Jonathan Mooney, Writer and Activist, President, Project Eye-To-Eye, Santa Monica, California

1:15 pm2011 Institute Adjourns