Agenda

2016 Agenda

Monday, October 3, 2016

8:00 AM Registration Desk Opens
8:00 – 9:00 AM Continental Breakfast
9:00 AM – 5:00 PM Optional Pre-Institute Mini-Courses

Tuesday, October 4, 2016

  7:30 AM
  Registration Desk Opens
  7:30 – 8:30 AM
  Continental Breakfast
  8:30 – 10:00 AM
  First General Session
Year in Review
Art Cernosia,
Attorney at Law/Education Consultant, Williston, Vermont
Keep current in special education law! Art Cernosia will provide a review and analysis of significant special education legal developments within the last year.  The session will cover both new federal policy and judicial decisions impacting students with disabilities under both the IDEA and Section 504.
  10:00 – 10:20 AM
  Refreshment Break
  10:20 – 11:50 AM
  Tuesday Morning Workshops
1 FAPE: IDEA Procedural Requirements for Parental Participation
Selene Almazan, Attorney at Law, Selene Almazan Law, LLC, Silver Springs, Maryland
For parents (and schools) the cooperative process envisioned by the framers of IDEA, can quickly devolve into distrust on both sides of the table. This session explores the meaningful parental participation requirements of the IDEA. The session will discuss ideas and strategies related to meaningful parental participation in the IEP process, with strategies to avoid conflict.This presentation, led by an experienced student and parent attorney, will provide legal and practical guidance and reflection on this important topic.
 2 Finding. And Keeping, the Fives
Carol Bartz,
Consultant, Carol Bartz Education Consulting, Indio, California
The most important factor in the effectiveness of any organization is the quality of the staff. Developing job descriptions, recruiting, selecting, training, supervising and retaining high-quality personnel will be the most important parts of any administrator’s job.  Tips, strategies, and pitfalls for each step will be explored through an interactive format. Workshop participants will be encouraged to identify specific actions they can implement immediately to find and keep the “5’s.”
3 Special Education Student Discipline: the Basics and Beyond
Karen Haase, Attorney at Law, KSB School Law, PC, LLO, Lincoln, Nebraska
Some families and advocates for special education students that those students cannot be subjected to the student code of conduct.  Some school administrators think that they can remove a special education student from the classroom so long as they don’t actually send the child home from school.  Both of these extremes in perspective are well-intentioned but flatly wrong.  School attorney Karen Haase will take you through the basic legal requirements and practical considerations in the world of student discipline for special education students.  From “10 free days” to “FBAs” and “BIPs,” Karen will provide both educators and advocates with practical advice on this hot-button topic.
4 The Ten R’s of Behavior Management
Eric Hartwig,
Administrator/Psychologist, Marathon County Special Education,Wausau, Wisconsin
Positive behavioral change for even your most challenging students starts with a process. The 10 R’s is that process. This presentation will provide a clockwork review of the 10 R’s to help establish a behavioral protocol to address behavior management. This step-wise process will redefine, refocus, and re-energize your approach to addressing disruptive behaviors.
5 Differentiating Emotionally Driven vs. Purposeful Behavior
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright, INC., Sierra Madre, California
The full title of this session is: Differentiating Emotionally Driven vs. Purposeful Behavior: Behavior Plans as a Supplementary Aid and Service To Maintain LRE vs. Cognitive Approaches in Related Service to Benefit from Special Education. Learn how to distinguish explosive behaviors associated with dysregulation vs purpose driven behavior selected by the student to get something or escape something and the different interventions associated with each. Learn methods to address each type of behavior that results in rule following behavior and what critical elements need to be in place to achieve student outcomes.
6 An Update of Ninth Circuit Court Decisions
Jonathan Read, Attorney at Law, Fagen Friedman & Fulfrost, San Diego, California
In this session, Jonathan Read offers a comprehensive overview of the latest decisions issued by the United States Court of Appeals, Ninth Circuit concerning the provision of services to students under the IDEA and Section 504.  You will receive an analysis of the facts and the court’s rationale for each decision, as well as the practical implications of the case for special education providers.
7 How to Get it Just Right! Legal Requirements and Promoting Educational Success Through Regular Educators
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont
The role and responsibility of regular educators in the provision of special education services has been enhanced over the years by the law and more inclusive programming for students with disabilities. This workshop will cover, from a legal perspective, the importance of regular educators in supporting both access to and success in the general curriculum for students with disabilities.
11:50 – Noon
Recess
Noon-1:30 PM
Second General Session Lunch Breakouts (You will choose one to attend)
Option1
Selling your Autism Program – If Non Public Schools do it – so can you!

Mary Schillinger, Educational Consultant/former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California
You’ve developed your programs, trained your staff, provided solutions and strategies for EVERY need and nuance of a student’s unique profile. Surely parents will agree to such an amazing offer – and yet – they decline your offer and choose to unilaterally place in a Non Public School! Why? What do they offer that the parents can’t refuse?This breakout will help you think about HOW you ‘sell’ your offer of FAPE! Take some tips from the marketing strategies of NPSs. Identify parent fears, and plan for them. Promote your outstanding offer! Sell it and seal it! You will come away with eyes opened and a new perspective on the critical ‘offer of FAPE”!

Option 2
Digital Citizenship: Stupid Decisions Made in a Snap!
Karen Haase, Attorney at Law, KSB School Law, PC, LLO, Lincoln, Nebraska
The advent and incredible evolutionary power of technology has been a tremendous boon to students with special needs.  Although social media may be a godsend to the child with social anxiety or communication deficits, the dark underbelly of this technology is that it can also expose disabled students to cyberbullying, sextortion, and predators.  Technology should be leveraged as a tool for educating students of all kinds, but a necessary and often-neglected component of this technology is the need for digital citizenship education.  In this presentation, Karen Haase will combine her two greatest loves as a school attorney: digital citizenship and special education.  She’ll cover the newest apps and cases from across the country.  Be ready to laugh, cry, and download some practical advice.

Option 3
Getting Through Tough IEP Meetings
Jonathan Read, Attorney at Law, Fagen Friedman & Fulfrost, , San Diego, California
IEP meetings all too frequently become adversarial and, often, can result in long-term damage to the relationship between the school and parents.  Special education attorney Jonathan Read provides essential need-to-know strategies and tips to avoid and overcome common IEP meeting troublespots so that all team members can work together in designing appropriate services.  You will receive important take-aways to help minimize conflict and keep the team’s focus where it needs to be—on meeting the needs of the student.
1:40 – 3:10 PM
Tuesday Afternoon Workshops
2 Finding. And Keeping, the Fives
Carol Bartz, Consultant, Carol Bartz Education Consulting, Indio, California
The most important factor in the effectiveness of any organization is the quality of the staff. Developing job descriptions, recruiting, selecting, training, supervising and retaining high-quality personnel will be the most important parts of any administrator’s job.  Tips, strategies, and pitfalls for each step will be explored through an interactive format. Workshop participants will be encouraged to identify specific actions they can implement immediately to find and keep the “5’s.”
8 Specially Designed Instruction for Students with Emotional/Behavioral Disability
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright, INC., Sierra Madre, California
Learn the fourteen core components that address content, methodology and instructional strategies to address the social and emotional skills of students with behavioral excesses and deficits and what goals should be developed based on deficits shown. Learn why behavioral contrast theory and cognitive approaches provide the underpinning for classes and programs serving these students and how to avoid lackluster outcomes often seen in programs hypothetically designed to ameliorate or remove symptoms.
9 Discipline and Behavior:  Balancing Procedural Expectations with Positive Educational Practice
Eric Hartwig, Administrator/Psychologist, Marathon County Special Education,Wausau, Wisconsin
One of the greatest professional challenges facing educators today is to provide educational opportunities in a safe and welcoming environment while addressing student behavior.  This workshop will focus on current issues of discipline and behavior, legal concerns and practical, functional options that school districts can use in the development and implementation of positive educational practice for all students.
10 Compensatory Education
Selene Almazan, Attorney at Law, Selene Almazan Law, LLC, Silver Springs, Maryland
For some children, compensatory education is a critical remedy for the denial of a free appropriate public education. Lost time for a child is very different than lost time for an adult. Compensatory education for a child can be a broad, prospective, equitable remedy to “compensate” a child for lost time or services. As is often the case in special education law, the remedies vary by state and individual facts. Courts continue to grapple with the why, when and how much?This presentation, led by an experienced student and parent attorney, will provide legal and practical guidance and reflection on this important topic.
11 What Does It Mean to Need Special Education
Jonathan Read, Attorney at Law, Fagen Friedman & Fulfrost, , San Diego, California
Under the IDEA, a student is eligible for special education if he or she is found to have at least one of a statutory list of disabilities and needs special education as a result.  But how do IEP teams determine whether or not a student “needs” special education?  In this session, special education attorney Jonathan Read looks at the meaning of this term through an overview of the relevant law, as well as important interpretations from the courts and due process hearing decisions.  He will cover issues such as the need for individualized instruction vs. classroom accommodations, whether academic success automatically means that a student does not require special education, and much more.
12 Defensible Programs for Students with High Functioning Autism / Meeting Unique Needs with Unique Programs
Mary Schillinger, Educational Consultant/former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California
Serving the needs of students with high functioning Autism can be challenging and sometimes contentious.  Learn the essentials to develop and sustain a continuum of effective, legally compliant, and defensible programs and services. Mary Schillinger will provide strategies to develop and maintain individualized services across settings. She’ll provide sample schedules to help school staffs offer a variety of placements to students on the autism spectrum and explain how to embed ABA into general education settings.  Details regarding the structure of supportive and successful autism programs will be presented including case law relating to programming for students with HFA (High Functioning Autism).  Addressing the issues of bullying and harassment of – and by students with HFA will be included in the presentation. From strategies on evaluating your current autism program to avoiding the most common mistakes during the IEP process, to effective strategies and methods, Mary will show you the way to a comprehensive strategy based on best practices. Also included will be charts, checklists and training agendas, you can share with staff who help build and implement your autism program.
 13 School Health Services: A Complex Related Service
Chris Borreca, Attorney at Law, Partner, Thompson & Horton LLP, Houston, Texas
School personnel are serving a population of students with ever-increasingly complex medical needs. Determining the difference between proper school health services and school nurse services and excluded medical services can be a significant challenge. How do courts evaluate  the responsibilities of educators, nurses, paraprofessionals, bus drivers and parents? Attorney Chris Borreca will review the legal and practical issues involving health care related services under the IDEA as well as Section 504 and the ADA.  This 90 minute presentation will highlight how the courts have determined when medical services are necessary to be provided by  school district personnel, the range and type of school health services and school nurse services, school district obligations related to private  duty nurses, legal issues involving medication (including when to administer and when not to), the difference between individual health care plans and plans under the IDEA and Section 504, required services and accommodations for students with food and other allergies and students with diabetes, the use of epinephrine and how it should be obtained, as well as a thorough review of recent case law related to school health services from courts within the 9th circuit.
3:10 – 3:30 PM
Refreshment Break
3:30 – 5:00 PM
Third General Session
NCLB v ESSA: What’s Changed for Special Education?
William Coats, Attorney at Law, Vandeberg Johnson & Gandara, LLP, Tacoma, Washington
A review of the Every Student Succeeds Act, how it compares with the No Child Left Behind Act, and with an emphasis on special education.
5:15 – 6:30 PM
Hosted Reception

Wednesday, October 5, 2016

  7:30 AM
  Registration Opens
  7:30 – 8:15 AM
  Continental Breakfast
  8:15 – 9:45 AM
  Wednesday Early Morning Workshops
1 FAPE: IDEA Procedural Requirements for Parental Participation
Selene Almazan, Attorney at Law, Selene Almazan Law, LLC, Silver Springs, Maryland
For parents (and schools) the cooperative process envisioned by the framers of IDEA, can quickly devolve into distrust on both sides of the table. This session explores the meaningful parental participation requirements of the IDEA. The session will discuss ideas and strategies related to meaningful parental participation in the IEP process, with strategies to avoid conflict.This presentation, led by an experienced student and parent attorney, will provide legal and practical guidance and reflection on this important topic.
3 Special Education Student Discipline: the Basics and Beyond
Karen Haase, Attorney at Law, KSB School Law, PC, LLO, Lincoln, Nebraska
Some families and advocates for special education students that those students cannot be subjected to the student code of conduct.  Some school administrators think that they can remove a special education student from the classroom so long as they don’t actually send the child home from school.  Both of these extremes in perspective are well-intentioned but flatly wrong.  School attorney Karen Haase will take you through the basic legal requirements and practical considerations in the world of student discipline for special education students.  From “10 free days” to “FBAs” and “BIPs,” Karen will provide both educators and advocates with practical advice on this hot-button topic.
5 Differentiating Emotionally Driven vs. Purposeful Behavior
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright, INC., Sierra Madre, California
The full title of this session is: Differentiating Emotionally Driven vs. Purposeful Behavior: Behavior Plans as a Supplementary Aid and Service To Maintain LRE vs. Cognitive Approaches in Related Service to Benefit from Special EducationLearn how to distinguish explosive behaviors associated with dysregulation vs purpose driven behavior selected by the student to get something or escape something and the different interventions associated with each. Learn methods to address each type of behavior that results in rule following behavior and what critical elements need to be in place to achieve student outcomes.
9 Discipline and Behavior:  Balancing Procedural Expectations with Positive Educational Practice
Eric Hartwig, Administrator/Psychologist, Marathon County Special Education,Wausau, Wisconsin
One of the greatest professional challenges facing educators today is to provide educational opportunities in a safe and welcoming environment while addressing student behavior.  This workshop will focus on current issues of discipline and behavior, legal concerns and practical, functional options that school districts can use in the development and implementation of positive educational practice for all students.
11 What Does It Mean to Need Special Education
Jonathan Read, Attorney at Law, Fagen Friedman & Fulfrost, , San Diego, California
Under the IDEA, a student is eligible for special education if he or she is found to have at least one of a statutory list of disabilities and needs special education as a result.  But how do IEP teams determine whether or not a student “needs” special education?  In this session, special education attorney Jonathan Read looks at the meaning of this term through an overview of the relevant law, as well as important interpretations from the courts and due process hearing decisions.  He will cover issues such as the need for individualized instruction vs. classroom accommodations, whether academic success automatically means that a student does not require special education, and much more.
12 Defensible Programs for Students with High Functioning Autism / Meeting Unique Needs with Unique Programs
Mary Schillinger, Educational Consultant/former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California
Serving the needs of students with high functioning Autism can be challenging and sometimes contentious.  Learn the essentials to develop and sustain a continuum of effective, legally compliant, and defensible programs and services. Mary Schillinger will provide strategies to develop and maintain individualized services across settings. She’ll provide sample schedules to help school staffs offer a variety of placements to students on the autism spectrum and explain how to embed ABA into general education settings.  Details regarding the structure of supportive and successful autism programs will be presented including case law relating to programming for students with HFA (High Functioning Autism).  Addressing the issues of bullying and harassment of – and by students with HFA will be included in the presentation. From strategies on evaluating your current autism program to avoiding the most common mistakes during the IEP process, to effective strategies and methods, Mary will show you the way to a comprehensive strategy based on best practices. Also included will be charts, checklists and training agendas, you can share with staff who help build and implement your autism program.
  9:45 – 10:00 AM
  Refreshment Break
  10:00 – 11:30 AM
  Wednesday Late Morning Workshops
4 The Ten10 R’s of Behavior Management
Eric Hartwig, Administrator/Psychologist, Marathon County Special Education,Wausau, Wisconsin
Positive behavioral change for even your most challenging students starts with a process. The 10 R’s is that process. This presentation will provide a clockwork review of the 10 R’s to help establish a behavioral protocol to address behavior management. This step-wise process will redefine, refocus, and re-energize your approach to addressing disruptive behaviors.
6 An Update of Ninth Circuit Court Decisions
Jonathan Read, Attorney at Law, Fagen Friedman & Fulfrost, , San Diego, California
In this session, Jonathan Read offers a comprehensive overview of the latest decisions issued by the United States Court of Appeals, Ninth Circuit concerning the provision of services to students under the IDEA and Section 504.  You will receive an analysis of the facts and the court’s rationale for each decision, as well as the practical implications of the case for special education providers.
7 How to Get it Just Right! Legal Requirements and Promoting Educational Success Through Regular Educators
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont
The role and responsibility of regular educators in the provision of special education services has been enhanced over the years by the law and more inclusive programming for students with disabilities. This workshop will cover, from a legal perspective, the importance of regular educators in supporting both access to and success in the general curriculum for students with disabilities.
8 Specially Designed Instruction for Students with Emotional/Behavioral Disability
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright, INC., Sierra Madre, California
Learn the fourteen core components that address content, methodology and instructional strategies to address the social and emotional skills of students with behavioral excesses and deficits and what goals should be developed based on deficits shown. Learn why behavioral contrast theory and cognitive approaches provide the underpinning for classes and programs serving these students and how to avoid lackluster outcomes often seen in programs hypothetically designed to ameliorate or remove symptoms.
10 Compensatory Education
Selene Almazan, Attorney at Law, Selene Almazan Law, LLC, Silver Springs, Maryland
For some children, compensatory education is a critical remedy for the denial of a free appropriate public education. Lost time for a child is very different than lost time for an adult. Compensatory education for a child can be a broad, prospective, equitable remedy to “compensate” a child for lost time or services. As is often the case in special education law, the remedies vary by state and individual facts. Courts continue to grapple with the why, when and how much?This presentation, led by an experienced student and parent attorney, will provide legal and practical guidance and reflection on this important topic.
 13 School Health Services: A Complex Related Service
Chris Borreca, Attorney at Law, Partner, Thompson & Horton LLP, Houston, Texas
School personnel are serving a population of students with ever-increasingly complex medical needs. Determining the difference between proper school health services and school nurse services and excluded medical services can be a significant challenge. How do courts evaluate  the responsibilities of educators, nurses, paraprofessionals, bus drivers and parents? Attorney Chris Borreca will review the legal and practical issues involving health care related services under the IDEA as well as Section 504 and the ADA.  This 90 minute presentation will highlight how the courts have determined when medical services are necessary to be provided by  school district personnel, the range and type of school health services and school nurse services, school district obligations related to private  duty nurses, legal issues involving medication (including when to administer and when not to), the difference between individual health care plans and plans under the IDEA and Section 504, required services and accommodations for students with food and other allergies and students with diabetes, the use of epinephrine and how it should be obtained, as well as a thorough review of recent case law related to school health services from courts within the 9th circuit.
11:30 AM
  2016 Institute Adjourns