Agenda


Preliminary Agenda for 2019

Note: The format has changed  this year. On Tuesday, there will be four General Sessions and on Wednesday, you will choose to attend two workshops.

 


Institute Agenda 2019

Monday, September 23, 2019

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, September 24, 2019

7:30 AM
Registration Desk Opens
7:30 – 8:00 AM
Continental Breakfast
8:30 – 10:00 PM
First General Session
GS 1
Hot Topics in Special Education Law
Karen Haase, Attorney at Law, KSB School Law, PC, LLO, Lincoln, Nebraska

I’m Judging You: What courts, IHOs, and ALJs are saying about special education in 2019

10:30 – 12:00 PM
Second General Session
GS 2
Update of Recent Ninth Circuit Decisions
  Jan Tomsky, Attorney at Law, owner, Fagen Friedman & Fulfrost, Oakland, California

Every year brings new and important case law related to the education of students with disabilities.  In this fast-paced presentation, Jan Tomsky offers an overview of the most recent decisions issued by the 9th U.S. Circuit Court of Appeals concerning issues related to special education. 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 all educators.

12:15 – 1:15 PM
Hosted Lunch
1:30 – 3:00 PM
Third General Session
GS 3
Building Sustainable MTSS Initiatives for Social/Emotional and Behavioral Wellbeing across K-12 Sites
  Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright, INC., Sierra Madre, California

Learn a model of motivating and sustaining multi-year district wide change that produces measurable change in student outcomes across elementary, middle and high school campuses. This session will outline common errors and solutions based on MTSS initiatives across the country to increase staff and student well being and academic success. Hawaii, Wyoming, New York, Washington, Nebraska and Alaska are some of the initiatives that will be discussed.

3:00 – 3:30 PM
Refreshment Break
3:30 – 5:00 PM
Fourth General Session
GS 4
Four Faces of FAPE
  Perry Zirkel, University Professor Emeritus of Education and Law at Lehigh University, Bethlehem, Pennsylvania

“Free appropriate public education” (FAPE) is the primary and central obligation of the Individuals with Disabilities Education Act (IDEA).  During the 45 years since the original passage of the Act, Congress and the courts have evolved four successive dimensions of FAPE: procedural, substantive, failure to implement, and capability to implement.  This session will provide a current and systematic synthesis of the applicable standards for each of these dimensions that is useful for school districts, parents, hearing officers, and other interested stakeholders.

5:00 – 6:30 PM
Hosted Networking Reception

Wednesday, September 25, 2019

7:30 AM
Registration Opens
7:30 – 8:15 AM
Continental Breakfast
8:15 – 9:45 AM
Wednesday Early Morning Workshops
WS 1
English Language Learners and Special Education – Guidelines and Effective Practices for Identification, Development of Sound FAPE Offers, Maximizing Achievement, and More!
  Mary Schillinger, Educational Consultant/ former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California

This session will provide guidelines relating to underachieving students who are English Language Learners and who may be eligible for Special Education. Legal requirements relating to referral, assessment, ensuring meaningful parent participation, and determination of eligibility and services for special education, including the development of legally compliant IEPs, will be covered. Multi-Tiered Systems of Support models for supporting English Learners who are underachieving compared to their same age peers who are also English Learners as well as best practices for alignment of instruction for English Language Learning students will be reviewed.

WS 2
Student Discipline under the IDEA:  From the FAPE-Free Zone to Special Circumstances Removals, and Everything in Between
  David Garner, Attorney at Law, Osborn Maledon, Phoenix, Arizona

When a student with disabilities get in hot water, schools can get in hot water themselves if they don’t have a clear understanding of how to navigate the ins and outs of discipline under the IDEA. In this workshop, Dave Garner provides a refresher of the procedures for discipline under the IDEA, including key issues such as: Can a student with disabilities be expelled? When does a suspension constitute a change in placement? What if the misconduct is a manifestation of the student’s disability? What if the student claims to be disabled, but only after being “caught”? What are my options if the student presents a risk of danger to him/herself or others but has not yet acted out?  Going beyond a mere summary of the IDEA regulations, Dave separates out “two fundamentals” to know by heart, and then dives into the “three special rules” of sped discipline that help practitioners in the trenches raise a red flag when a stickier issue requires closer attention.  Be prepared to handle some hypotheticals “ripped from the headlines,” as Dave’s presentation style puts you in the captain’s seat and equips you with all of the tools necessary to navigate safely through MDRs, FBAs, BIPs, IAESs, “special circumstances,” and other strange creatures that dwell in these sometimes murky waters.

WS 3
Your FBA is a Fantasy: Creating Trauma-Informed, Neurobiologically-Grounded, Skill-Focused FBA’s and Behavior Support Plans that Improve Emotional / Behavioral / Social and Academic Performance
  Rick Bowman, Director of Coaching/Consultation & Doris Bowman, Director of Training/Behavioral Consultant, Bowman Consulting Group LLC, Newberg, Oregon

Description: Stop chasing “temporary compliance” and start building skills! Traditional approaches to FBA’s and Behavior Support Plans have long fallen short of getting the results we hope for, and continue to fail many of those children to whom they are applied most. With a foundation of the “why” of behavior being based in something kids want to “get” or “avoid”, it has left us with little to do but attempt to externally motivate through rewards and consequences, or to try to teach replacement behaviors with didactic instruction to a cortex that is largely unavailable for learning.

Come learn how conducting an FBA and creating a Behavior Support Plan that is grounded in well-defined trauma principles and the most current neuroscience research can result in not only emotional/behavioral gains, but academic gains in children with the most challenging behavior or the most significant trauma histories.

Overview will include:

  • Strategies for looking deeper, beyond what a child is trying to “get or avoid”, to assess the underlying needs and skills to be built
  • Comparisons of how brain-based, skill-focused FBA’s & BSP’s more effectively address the impacts of trauma than traditional models
  • Processes to assess and plan proactive regulation to help a child become more accessible for intervention
  • Strategies for intervention components of the FBA and BSP to ensure that the brain can tolerate and grow from the experience
WS 4
Child Find and Eligibility: An Adjudicative Checklist
  Perry Zirkel, University Professor Emeritus of Education and Law at Lehigh University, Bethlehem, Pennsylvania

This session will provide a practical checklist that shows the applicable current standards for and relationship between the ongoing and overlapping child find and eligibility obligations under the Individuals with Disabilities Education Act (IDEA). It includes an illustrative sampling of the case law that shows both the most frequent and the not yet settled issues for these threshold steps for proper identification under the IDEA.

WS 5
Establishing and Maintaining Effective Tiered Programs for Students with Emotional Disturbance: Part 1: Effective Restrictive Setting
  Diana Browning Wright, ED Initiative Leader, Sierra Madre, California; Michelle Palmer, Spec. Ed. Teacher/Admin Intern, Newbridge Learning Academy, ESD 105, Yakima, WA; Dana Floyd, Director of Special Services, ESD 105, Yakima, WA; Wade Desa, SBBH/District Education Specialist, Hilo, HI; Shawn  Slater, Behavioral Health Specialist, State of Hawaii Dept. of Ed., Honolulu, HI

These sessions will overview components of programming in restrictive settings for students with significant emotional disturbance as disseminated by Diana Browning Wright. The presenters represent administrators who establish and supervise programming from regions in the state of Hawaii and in Washington, a mental health provider and two teachers who will describe the difference between this programming and previous methods as well as the successes and challenges of meeting the needs of these special education students k-12.

Part One: Effective Restrictive Settings

  • Learn specially designed instruction methods of serving students that results in a return to LRE in less than 1.5 years for 65-75% of eligible students
  • Learn interventions based on behavior contrast theory to support rule following behavior and eliminate suspension for dangerous behaviors
  • Review 14 core program components led by Teachers k-12
  • Learn data collection and management that supports decision making processes
  • Learn when to add two additional layers of support for non responders
WS 6
Using Evaluation Data to Create the IEP or 504 Plan
  Dave Richards, Richards Lindsay & Martin, LLP, Austin, Texas

How do you know what should and shouldn’t be on the IEP or 504 Plan? In this lively session, veteran school attorney Dave Richards will examine how federal disability law utilizes data to determine what the student’s IEP or 504 Plan should include. In short, data helps the Team determine need under IDEA and 504 and helps the Team utilize the appropriate resources to meet that need to satisfy the school’s FAPE and access responsibilities. We’ll examine court cases and OCR letters of finding and guidance on a variety of services and accommodations including homebound/home instruction, technology, peanut bans or restrictions, assistance with extracurricular activities, and other areas of interest. Questions are encouraged.

WS 7
Current Legal Issues in Serving Students with Dyslexia, ADHD, and Anxiety Disorders
Jose Martin, Richards Lindsay & Martin, LLP, Austin, Texas

Increasingly, public schools are dealing with the challenges in identifying, evaluating, and serving students with ADHD, Dyslexia, and Anxiety Disorders. This session will review current issues related to these populations, including a review of recent US Department of Education Resource Guide on ADHD and its letters addressing Dyslexia. In addition, the session will address caselaw involving child-find for these students, evaluation issues, the interplay of SLD eligibility and Dyslexia, IEP issues, and the tendency for homebound placement requests for students with anxiety, and other related issues.

9:45 – 10:00 AM
Refreshment Break
10:00 – 11:30 AM
Wednesday Late Morning Workshops
WS 1
English Language Learners and Special Education – Guidelines and Effective Practices for Identification, Development of Sound FAPE Offers, Maximizing Achievement, and More!
  Mary Schillinger, Educational Consultant/ former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California

This session will provide guidelines relating to underachieving students who are English Language Learners and who may be eligible for Special Education. Legal requirements relating to referral, assessment, ensuring meaningful parent participation, and determination of eligibility and services for special education, including the development of legally compliant IEPs, will be covered. Multi-Tiered Systems of Support models for supporting English Learners who are underachieving compared to their same age peers who are also English Learners as well as best practices for alignment of instruction for English Language Learning students will be reviewed.

WS 2
Student Discipline under the IDEA:  From the FAPE-Free Zone to Special Circumstances Removals, and Everything in Between
  David Garner, Attorney at Law, Osborn Maledon, Phoenix, Arizona

When a student with disabilities get in hot water, schools can get in hot water themselves if they don’t have a clear understanding of how to navigate the ins and outs of discipline under the IDEA. In this workshop, Dave Garner provides a refresher of the procedures for discipline under the IDEA, including key issues such as: Can a student with disabilities be expelled? When does a suspension constitute a change in placement? What if the misconduct is a manifestation of the student’s disability? What if the student claims to be disabled, but only after being “caught”? What are my options if the student presents a risk of danger to him/herself or others but has not yet acted out?  Going beyond a mere summary of the IDEA regulations, Dave separates out “two fundamentals” to know by heart, and then dives into the “three special rules” of sped discipline that help practitioners in the trenches raise a red flag when a stickier issue requires closer attention.  Be prepared to handle some hypotheticals “ripped from the headlines,” as Dave’s presentation style puts you in the captain’s seat and equips you with all of the tools necessary to navigate safely through MDRs, FBAs, BIPs, IAESs, “special circumstances,” and other strange creatures that dwell in these sometimes murky waters.

 WS 3
Your FBA is a Fantasy: Creating Trauma-Informed, Neurobiologically-Grounded, Skill-Focused FBA’s and Behavior Support Plans that Improve Emotional / Behavioral / Social and Academic Performance
 
Rick Bowman, Director of Coaching/Consultation & Doris Bowman, Director of Training/Behavioral Consultant, Bowman Consulting Group LLC, Newberg, Oregon

Description: Stop chasing “temporary compliance” and start building skills! Traditional approaches to FBA’s and Behavior Support Plans have long fallen short of getting the results we hope for, and continue to fail many of those children to whom they are applied most. With a foundation of the “why” of behavior being based in something kids want to “get” or “avoid”, it has left us with little to do but attempt to externally motivate through rewards and consequences, or to try to teach replacement behaviors with didactic instruction to a cortex that is largely unavailable for learning.

Come learn how conducting an FBA and creating a Behavior Support Plan that is grounded in well-defined trauma principles and the most current neuroscience research can result in not only emotional/behavioral gains, but academic gains in children with the most challenging behavior or the most significant trauma histories.

Overview will include:

  • Strategies for looking deeper, beyond what a child is trying to “get or avoid”, to assess the underlying needs and skills to be built
  • Comparisons of how brain-based, skill-focused FBA’s & BSP’s more effectively address the impacts of trauma than traditional models
  • Processes to assess and plan proactive regulation to help a child become more accessible for intervention
  • Strategies for intervention components of the FBA and BSP to ensure that the brain can tolerate and grow from the experience
WS 4
Child Find and Eligibility: An Adjudicative Checklist
Perry Zirkel, University Professor Emeritus of Education and Law at Lehigh University, Bethlehem, Pennsylvania

This session will provide a practical checklist that shows the applicable current standards for and relationship between the ongoing and overlapping child find and eligibility obligations under the Individuals with Disabilities Education Act (IDEA). It includes an illustrative sampling of the case law that shows both the most frequent and the not yet settled issues for these threshold steps for proper identification under the IDEA.

WS 5
Establishing and Maintaining Effective Tiered Programs for Students with Emotional Disturbance: Part 2: All Stakeholders Perspective
  Diana Browning Wright, ED Initiative Leader, Sierra Madre, California; Michelle Palmer, Spec. Ed. Teacher/Admin Intern, Newbridge Learning Academy, ESD 105, Yakima, WA; Dana Floyd, Director of Special Services, ESD 105, Yakima, WA; Wade Desa, SBBH/District Education Specialist, Hilo, HI; Shawn  Slater, Behavioral Health Specialist, State of Hawaii Dept. of Ed., Honolulu, HI

These sessions will overview components of programming in restrictive settings for students with significant emotional disturbance as disseminated by Diana Browning Wright. The presenters represent administrators who establish and supervise programming from regions in the state of Hawaii and in Washington, a mental health provider and two teachers who will describe the difference between this programming and previous methods as well as the successes and challenges of meeting the needs of these special education students k-12.

Part Two : All stakeholders Perspective

  • Continue descriptions of programming from a student and parent perspective
  • Admission and Reentry criteria
  • Architectural changes to support programming
  • Delivering support to the classroom from school based and other mental health providers
  • The nuts and bolts of funding, establishing and maintaining programs from an administrator perspective
  • Q and A Panel of presenters: administrators, providers, teachers
  • addressing pivotal issues that arise in preparation for change, establishment, maintenance and supervision of service delivery
WS 6
Using Evaluation Data to Create the IEP of 504 Plan
Dave Richards, Richards Lindsay & Martin, LLP, Austin, Texas

How do you know what should and shouldn’t be on the IEP or 504 Plan? In this lively session, veteran school attorney Dave Richards will examine how federal disability law utilizes data to determine what the student’s IEP or 504 Plan should include. In short, data helps the Team determine need under IDEA and 504 and helps the Team utilize the appropriate resources to meet that need to satisfy the school’s FAPE and access responsibilities. We’ll examine court cases and OCR letters of finding and guidance on a variety of services and accommodations including homebound/home instruction, technology, peanut bans or restrictions, assistance with extracurricular activities, and other areas of interest. Questions are encouraged.

WS 7
Current Legal Issues in Serving Students with Dyslexia, ADHD, and Anxiety Disorders
Jose Martin, Richards Lindsay & Martin, LLP, Austin, Texas

Increasingly, public schools are dealing with the challenges in identifying, evaluating, and serving students with ADHD, Dyslexia, and Anxiety Disorders. This session will review current issues related to these populations, including a review of recent US Department of Education Resource Guide on ADHD and its letters addressing Dyslexia. In addition, the session will address caselaw involving child-find for these students, evaluation issues, the interplay of SLD eligibility and Dyslexia, IEP issues, and the tendency for homebound placement requests for students with anxiety, and other related issues.

11:30 AM

2019 Institute Adjourns