Agenda

2014 Institute Agenda

Monday, September 29, 2014

8:00 am Registration Desk Opens
8:00 am – 9:00 am Continental Breakfast
9:00 am – 5:00 pm Pre-Institute Mini-Courses

Tuesday, September 30, 2014

7:30 am Registration Desk Opens
7:30 am – 8:30am Continental Breakfast
8:30 am – 10:00 am First General Session
Year in Review
Julie Weatherly, Attorney at Law/Owner, Resolutions in Special Education, Inc., Mobile, Alabama

As it has been in previous years, 2014 has been a very active year nationally for special education litigation and federal 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.
10:00 am – 10:15 am Break
10:15 am – 11:45 am Tuesday Morning Workshops:

1. Hot Topics in Special Education Law
Julie Weatherly, Attorney at Law/Owner, Resolutions in Special Education, Inc., Mobile, Alabama

What a litigious time it is in the area of special education!  There are a number of “hot topics” in special education law worthy of discussing in detail–some old and some new.  This session will discuss several “hot topic” areas that are commonly the source of special education legal disputes and litigation.

2. The Regular Educator: Legal Responsibilities and Rights Under the IDEA
Art Cernosia, Attorney at Law/Education Consultant, Willston, Vermont

This introductory level workshop will provide a legal overview for regular education teachers and other staff of their responsibilities under the IDEA.  The role of the regular educator in providing interventions, special education evaluations, eligibility determinations, IEP development and implementation and behavior/discipline issues will be covered.

3. Recent OCR Decisions: What the Office for Civil Rights Wants You to Know
Tim Sell and Paul Goodwin, Attorneys at Law, U.S. Department of Education, Office for Civil Rights, Seattle, Washington

Join two of OCR’s senior attorneys for a lively discussion of recent OCR complaint decisions that will cover a variety of hot topics.  The cases will be selected to provide information on current issues related to Section 504, Title II and OCR guidance.  This workshop will encourage attendee questions and participation in the discussion.

4. Parents and Their Rights Under the IDEA and Related State Law: What Does “Parent Participation” Really Mean?
Jose Martin, Attorney at Law, Richards Lindsay & Martin LLP, Austin, Texas

A cornerstone of IDEA since its inception is the prominent participation of parents in the special education process. This session examines parental rights and procedural safeguards under the IDEA, and how they work to ensure meaningful participation of parents in the IEP process. Subtopics will include requirements for parental participation in IEP meetings, the legal consequences of school predetermination and other serious procedural violations, harmless procedural violations, independent educational evaluations, the prior written notice requirement, and parental consent requirements, among others.

5. Transition Services Under IDEA 2004
Sue Ann Bube, Director, The Center for Change in Transition Services, Seattle, Washington

What are the legal components of transition services under IDEA? How does this roadmap assist students? How can schools provide these services for each student while balancing the responsibilities of teaching reading, writing, and math? This workshop will provide practical ways to view teaching through the lens of transition and how transition services can be interwoven into existing curriculum and practices.

6. Fast, Easy Effective FBA: The underpinnings of effective BIPs
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, California

Learn how to streamline data collection while simultaneously  reliably developing viable hypotheses on the function or purpose  of problem behavior. Effective observation tools for analyzing student/context fit and purposes of the problem behavior will be reviewed. Knowledge presented will be helpful for all members of an IEP/504 team.

7. Inclusive versus Exclusive Practices: Race, Discipline & Disabilities
Wayne Stewart, Attorney at Law, Hammonds, Sills, Adkins & Guice, LLP, Baton Rouge, Louisiana

The United States Department of Justice (DOJ) and the Department of Education’s Office for Civil Rights (OCR) released a clarion call to all public schools in January 2014 to address discriminatory discipline.  While the focus of their Dear Colleague Letter (DCL) was on racial disparities in discipline, this DCL when read in conjunction with other recent DCLs from OCR and OSEP should energize school districts to immediately and effectively address all forms of exclusionary discipline and take to heart system-wide positive behavioral support practices.

8. Satisfying OCR: The Importance of Process in Section 504
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

When OCR investigates a complaint, as a general rule, it’s focus is on procedural compliance. Did the right people look at the right data, ask the right questions, and provide the correct notices? While the Section 504 regulations are quite short, they establish a process by which schools are required to identify, evaluate and provide FAPE to qualified students with disabilities. This lively session will focus on how that process works, and through reliance on OCR Letters of Finding, and guidance documents, flesh out the skeletal process laid out in the regulations. We’ll also look at a few sample Section 504 forms created by the presenter that illustrate one way to work through the required process.

11:45 am – 12:00 pm Recess
12:00 pm – 1:30 pm Hosted Luncheon and Second General Session
BIP, Counseling or Both: You be the Judge!
Diana Browning Wright. Educational/Behavioral Consultant, Sierra Madre, California and
Clayton Cook, Associate Professor, Educational Psychology, University of Washington, Seattle, Washington
Clay and Diana will lead us through cases where we decide whether a supplementary aid (a BIP) or a related service (counseling-a CBT protocol) or both are needed for a variety of ages, disabilities and scenarios. In the process you will learn what observed behaviors suggest which approach will best address the needs of each student.
1:45 pm – 3:15 pm Tuesday Afternoon Workshops:

1. Hot Topics in Special Education Law
Julie Weatherly, Attorney at Law/Owner, Resolutions in Special Education, Inc., Mobile, Alabama

What a litigious time it is in the area of special education!  There are a number of “hot topics” in special education law worthy of discussing in detail–some old and some new.  This session will discuss several “hot topic” areas that are commonly the source of special education legal disputes and litigation.

3. Recent OCR Decisions: What the Office for Civil Rights Wants You to Know
Tim Sell and Paul Goodwin, Attorneys at Law, U.S. Department of Education, Office for Civil Rights, Seattle, Washington

Join two of OCR’s senior attorneys for a lively discussion of recent OCR complaint decisions that will cover a variety of hot topics.  The cases will be selected to provide information on current issues related to Section 504, Title II and OCR guidance.  This workshop will encourage attendee questions and participation in the discussion.

9. Legal Considerations In Implementing Behavior Interventions: Restraints, Seclusion, and Aversives
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

Data released by the United States Department of Education concludes that restraint, seclusion and aversive interventions are disproportionately used with students with disabilities. This intermediate level workshop will cover the legal and practice considerations in the implementation of these specific behavioral interventions.

11. Residential Placements- Current Issues and Trends in Residential Placements
Jose Martin, Attorney at Law, Richards Lindsay & Martin LLP, Austin, Texas

Disputes involving residential placement are high-stakes cases for all involved, and they can lead to complicated hearings and federal court appeals. This session will review recent residential placement cases of note to glean practical lessons for schools and parents to apply in these difficult situations. Subtopics will include the role of equitable considerations, parental notice prior to placement, parental cooperation with the IEP process, inappropriate public school IEPs, the nature of the selected residential programs, and LRE, among others . In addition, the session will address the evolving nature of the residential placement analysis in the federal courts, as some circuit courts are questioning the traditional legal standards that have been applied since the 1980′s in favor of a modernized analysis.

12. Wraparound as a “Tier 3” Support for Students with Complex Needs and their Families
Eric Bruns, Associate Professor, Department of Psychiatry and Behavioral Sciences, University of Washington Medical School, Seattle, Washington

This session will present an overview of the wraparound process and its use as an individualized, team-based, “Tier 3”/Tertiary Level Intervention in the multi-tiered system of supports that is recommended in education and mental health. A focus will be on increasing attendees’ understanding of characteristics of the practice model including identification of needs statements, development of individualized teams and plans, and measurement strategies. We will also present a review of the research base for wraparound and necessary school-and system-level supports for successful implementation.

13. Development of a Superior BIP
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, California

Learn how to integrate assessment findings into a viable BIP that staff will implement with fidelity. Learn how to evaluate your plans for adequacy using the BIP-QE II (Behavior Intervention Plan, Quality Evaluation Guide, 2nd edition, a free on-line system in use across the nation.

14. English Language Learners (ELL) and Special Education
Mary Schillinger, Assistant Superintendent Las Virgenes Unified School District, Simi Valley, California

For underachieving students who are English Language Learners, it is sometimes difficult to determine whether a disability or a language delay are the root cause of their lack of progress.  In this introductory level session; learn how to determine if a disability exists, as well as strategies for intervention and support with the new Common Core curricular demands.  Strategies for vocabulary development, writing tools, as well as addressing the standards for Speaking and Listening will be presented.  Technology tools specific to the needs of English Learners will also be shared.

15. Section 504 FAPE: Using Data to Determining What to Provide in the 504 Plan
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

What goes into a 504 Plan depends on evaluation data and student need. This lively 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 (and figuring out what’s NOT appropriate) for a range of impairments from diabetes to physical injuries arising from accidents to allergies and asthma. Questions are encouraged.

3:15 pm – 3:30 pm Refreshment Break
3:30 pm – 5:00 pm Third General Session
Practical Responses to Emerging Dynamics in Special Education & Section 504 Litigation
Dave Richards and Jose Martin, Attorneys at Law, Richards Lindsay and Martin, LLP, Austin, Texas

With the large number of cases and letters of finding released each year, updating compliance efforts can be difficult. This session focuses on six dynamics flowing from current IDEA & Section 504 disputes and provide some practical responses to discuss with your school attorney. Dave Richards will focus on the use of Section 504 to pursue money damages alleging negligence-like claims against IEP Teams, parents looking to Section 504 equal access for services or devices that IEP Teams refused to provide, and the counter-intuitive interaction between Section 504’s mitigating measures rule, child find, and RtI. Jose Martin will review the alarming phenomenon of suicide attempts and suicide and their intersection with the disabilities laws, the role of disability harassment/bullying in emerging money damages caselaw, and the potential evolution of the legal analysis in residential placement cases before the federal courts.

5:30pm – 6:30 pm Hosted Reception, light hors d’oeuvres

Wednesday, October 1, 2014

7:30 am Registration Opens
7:30 am – 8:15 am Continental Breakfast
8:15 am – 9:45 am Wednesday Early Morning Workshops:

2. The Regular Educator: Legal Responsibilities and Rights Under the IDEA
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

This introductory level workshop will provide a legal overview for regular education teachers and other staff of their responsibilities under the IDEA.  The role of the regular educator in providing interventions, special education evaluations, eligibility determinations, IEP development and implementation and behavior/discipline issues will be covered.

4. Parents and Their Rights Under the IDEA and Related State Law: What Does “Parent Participation” Really Mean?
Jose Martin, Attorney at Law, Richards Lindsay & Martin LLP, Austin, Texas

A cornerstone of IDEA since its inception is the prominent participation of parents in the special education process. This session examines parental rights and procedural safeguards under the IDEA, and how they work to ensure meaningful participation of parents in the IEP process. Subtopics will include requirements for parental participation in IEP meetings, the legal consequences of school predetermination and other serious procedural violations, harmless procedural violations, independent educational evaluations, the prior written notice requirement, and parental consent requirements, among others.

5. Transition Services Under IDEA 2004
Sue Ann Bube, Director, The Center for Change in Transition Services, Seattle, Washington

What are the legal components of transition services under IDEA? How does this roadmap assist students? How can schools provide these services for each student while balancing the responsibilities of teaching reading, writing, and math? This workshop will provide practical ways to view teaching through the lens of transition and how transition services can be interwoven into existing curriculum and practices.

6. Fast, Easy Effective FBA: The underpinnings of effective BIPs
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, California

Learn how to streamline data collection while simultaneously  reliably developing viable hypotheses on the function or purpose  of problem behavior. Effective observation tools for analyzing student/context fit and purposes of the problem behavior will be reviewed. Knowledge presented will be helpful for all members of an IEP/504 team.

8. Satisfying OCR: The Importance of Process in Section 504
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

When OCR investigates a complaint, as a general rule, it’s focus is on procedural compliance. Did the right people look at the right data, ask the right questions, and provide the correct notices? While the Section 504 regulations are quite short, they establish a process by which schools are required to identify, evaluate and provide FAPE to qualified students with disabilities. This lively session will focus on how that process works, and through reliance on OCR Letters of Finding, and guidance documents, flesh out the skeletal process laid out in the regulations. We’ll also look at a few sample Section 504 forms created by the presenter that illustrate one way to work through the required process.

10. Practical Tips for Facilitating IEP Meetings
Julie Gentili Armbrust, President, Mediation Northwest, Eugene, Oregon

This high-energy seminar will provide 20+ practical facilitation tips to create a durable and lasting IEP.  Tips will cover the structure of the high-conflict IEP process vs. the average IEP process, dealing with difficult team members (both district, parents, and coordinating agencies), team member roles in a high-conflict IEP vs. team member roles in the average IEP, and what facilitation techniques to use for the hot-head type vs. withdrawn type.  Julie has seen it all and has many tips to help you work through your worst IEP.

12. Wraparound as a “Tier 3” Support for Students with Complex Needs and their Families
Eric Bruns, Associate Professor, Department of Psychiatry and Behavioral Sciences, University of Washington Medical School, Seattle, Washington

This session will present an overview of the wraparound process and its use as an individualized, team-based, “Tier 3”/Tertiary Level Intervention in the multi-tiered system of supports that is recommended in education and mental health. A focus will be on increasing attendees’ understanding of characteristics of the practice model including identification of needs statements, development of individualized teams and plans, and measurement strategies. We will also present a review of the research base for wraparound and necessary school-and system-level supports for successful implementation.

16. IDEA State Complaints:  Process, Trends, and Lessons Learned
Pam McPartland, Program Supervisor, Office of Superintendent of Public Instruction, Olympia, Washington and Claudette Rushing, Legal and Dispute Resolution Specialist, Oregon Department of Education, Salem, Oregon

The workshop will compare  processes, trends, and  lessons learned from IDEA state complaints in two adjacent northwest states, Oregon and Washington.    This session will feature interesting facts and applicable conclusions and orders from  the two state agencies and will also highlight the practical IDEA legal implications for educators and attorneys in this field.

9:45 am – 10:00 am Refreshment Break
10:00 am – 11:30 am Wednesday Late Morning Workshops:

7. Inclusive versus Exclusive Practices: Race, Discipline & Disabilities
Wayne Stewart, Attorney at Law, Hammonds, Sills, Adkins & Guice, LLP, Baton Rouge, Louisiana

The United States Department of Justice (DOJ) and the Department of Education’s Office for Civil Rights (OCR) released a clarion call to all public schools in January 2014 to address discriminatory discipline.  While the focus of their Dear Colleague Letter (DCL) was on racial disparities in discipline, this DCL when read in conjunction with other recent DCLs from OCR and OSEP should energize school districts to immediately and effectively address all forms of exclusionary discipline and take to heart system-wide positive behavioral support practices.

9. Legal Considerations In Implementing Behavior Interventions: Restraints, Seclusion, and Aversives
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

Data released by the United States Department of Education concludes that restraint, seclusion and aversive interventions are disproportionately used with students with disabilities. This intermediate level workshop will cover the legal and practice considerations in the implementation of these specific behavioral interventions.

10. Practical Tips for Facilitating IEP Meetings
Julie Gentili Armbrust, President, Mediation Northwest, Eugene, Oregon

This high-energy seminar will provide 20+ practical facilitation tips to create a durable and lasting IEP.  Tips will cover the structure of the high-conflict IEP process vs. the average IEP process, dealing with difficult team members (both district, parents, and coordinating agencies), team member roles in a high-conflict IEP vs. team member roles in the average IEP, and what facilitation techniques to use for the hot-head type vs. withdrawn type.  Julie has seen it all and has many tips to help you work through your worst IEP.

11. Residential Placements- Current Issues and Trends in Residential Placements
Jose Martin, Attorney at Law, Richards Lindsay & Martin LLP, Austin, Texas

Disputes involving residential placement are high-stakes cases for all involved, and they can lead to complicated hearings and federal court appeals. This session will review recent residential placement cases of note to glean practical lessons for schools and parents to apply in these difficult situations. Subtopics will include the role of equitable considerations, parental notice prior to placement, parental cooperation with the IEP process, inappropriate public school IEPs, the nature of the selected residential programs, and LRE, among others . In addition, the session will address the evolving nature of the residential placement analysis in the federal courts, as some circuit courts are questioning the traditional legal standards that have been applied since the 1980′s in favor of a modernized analysis.

13. Development of a Superior BIP
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, California

Learn how to integrate assessment findings into a viable BIP that staff will implement with fidelity. Learn how to evaluate your plans for adequacy using the BIP-QE II (Behavior Intervention Plan, Quality Evaluation Guide, 2nd edition, a free on-line system in use across the nation.

14. English Language Learners (ELL) and Special Education
Mary Schillinger, Assistant Superintendent Las Virgenes Unified School District, Simi Valley, California

For underachieving students who are English Language Learners, it is sometimes difficult to determine whether a disability or a language delay are the root cause of their lack of progress.  In this introductory level session; learn how to determine if a disability exists, as well as strategies for intervention and support with the new Common Core curricular demands.  Strategies for vocabulary development, writing tools, as well as addressing the standards for Speaking and Listening will be presented.  Technology tools specific to the needs of English Learners will also be shared.

15. Section 504 FAPE: Using Data to Determining What to Provide in the 504 Plan
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

What goes into a 504 Plan depends on evaluation data and student need. This lively 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 (and figuring out what’s NOT appropriate) for a range of impairments from diabetes to physical injuries arising from accidents to allergies and asthma. Questions are encouraged.

16. IDEA State Complaints:  Process, Trends, and Lessons Learned
Pam McPartland, Program Supervisor, Office of Superintendent of Public Instruction, Olympia, Washington and Claudette Rushing, Legal and Dispute Resolution Specialist, Oregon Department of Education, Salem, Oregon

The workshop will compare  processes, trends, and  lessons learned from IDEA state complaints in two adjacent northwest states, Oregon and Washington.    This session will feature interesting facts and applicable conclusions and orders from  the two state agencies and will also highlight the practical IDEA legal implications for educators and attorneys in this field.

11:30 am 2014 Institute Adjourns