Agenda

Agenda 2017

 

Monday, September 25, 2017

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 26, 2017

7:30 AM
Registration Desk Opens
7:30 – 8:30 AM
Continental Breakfast
8:30 – 10:00 AM
GS 1
First General Session
Year in Review
Jan Tomsky, Attorney at Law, Fagen Friedman & Fulfrost, Oakland, California

In this fast-paced and entertaining session, Jan Tomsky looks back at the most important, interesting and enlightening legal decisions from the past year. Jan offers her expert insight and analysis of what has been a truly watershed year in special education law and provides her thoughts on the future impact of several of these key rulings.
10:00 – 10:20 AM
Refreshment Break
10:20 – 11:50 AM
Tuesday Morning Workshops
WS 1
Trauma Informed Practice
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright INC., Sierra Madre, California

Learn the effects of trauma in children and youth, how to respond when trauma triggers occur and what all educators can do across all three tiers of interventions to aid the students’ development of resilience.
WS 2
Ninth Circuit Case Law Update
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

This workshop will provide an overview and analysis of the latest decisions issued by the Ninth Circuit Court of Appeals interpreting the IDEA and Section 504. The Ninth Circuit covers the following states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
WS 3
Modern Trends in Sp Ed Placements: Vouchers and Virtual Programs
Jose Martin, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

Two placement issues are emerging as involving potential paradigm shifts in the provision of special education services: private school vouchers and virtual/online programs. This session will review the legal issues in both, including use of IDEA-B funds in voucher programs, federal investment in vouchers, implications for students with disabilities, the issue of IDEA procedures and safeguard for voucher students with disabilities, and the relative availability of private school options. With respect to virtual programs, the session will review the areas in which the IDEA framework is a poor fit to virtual program contexts, application of LRE in virtual programs, eligibility and admissions issues, appropriateness of virtual programs for certain types of students, the dilemma of open enrollment virtual programs and students with disabilities, the emerging caselaw on the issue, and sample policies establishing non-discriminatory admission criteria.
WS 4
When ADA and Section 504 Choices Interfere with IDEA and FAPE
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

IDEA students also have Section 504 and ADA rights. That mix of rights can result in some very interesting situations involving IDEA FAPE and 504/ADA rights to service animals, effective communication, and school choice. We’ll discuss the issues to consider when students with IEPs look to 504 for equal access, addressing tough questions such as, “Who runs the show when the laws collide?” and, “What should the IEP team do when 504/ADA choices interfere with IDEA FAPE?”
WS 5
Least Restrictive Environment
Jonathan Martinis, Senior Director for Law and Policy, The Burton Blatt Institute at Syracuse University, Washington D.C.

This course will provide an overview of students with disabilities’ right to receive appropriate education services in the least restrictive environment. It will include a review of existing law, recent developments in the region, and advocacy tips for securing appropriate supports and services.
WS 6
Behavioral Emotional Social Needs: A Review of the importance of Behavioral Health
Eric Hartwig, Recently retired Administrator/Psychologist, Marathon County Special Education, Wausau, Wisconsin

There is a continuing and growing concern about the number of young children identified with emergent forms of challenging behaviors. At least half of the preschool children who display challenging behavior before kindergarten maintain these behavior patterns into elementary school. The concepts of prevention and early interventions are very simple, do something to keep something bad from happening. Behavioral health is commonly regarded as a cooperative mandate to academic success and this presentation will offer the consideration that behavioral , emotional and social health is a legitimate priority, classroom by classroom.
11:50 – Noon
Recess
Noon-1:30 PM
Hosted Lunch
1:40 – 3:10 PM
Tuesday Afternoon Workshops
WS 1
Trauma Informed Practice
Diana Browning Wright, Educational/Behavioral Consultant, DianaBrowningWright INC., Sierra Madre, California

Learn the effects of trauma in children and youth, how to respond when trauma triggers occur and what all educators can do across all three tiers of interventions to aid the students’ development of resilience.
WS 2
Ninth Circuit Case Law Update
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

This workshop will provide an overview and analysis of the latest decisions issued by the Ninth Circuit Court of Appeals interpreting the IDEA and Section 504. The Ninth Circuit covers the following states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
WS 5
Least Restrictive Environment
Jonathan Martinis, Senior Director for Law and Policy, The Burton Blatt Institute at Syracuse University, Washington D.C.

This course will provide an overview of students with disabilities’ right to receive appropriate education services in the least restrictive environment. It will include a review of existing law, recent developments in the region, and advocacy tips for securing appropriate supports and services.
WS 7
Extraordinary Behavior Interventions and the Law: Restraint, Seclusion, and Aversives
Jose Martin, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

Increasingly, states are regulating schools’ use of restraint and seclusion for students with disabilities, although some areas remain in question. This session addresses the legal issues of restraint and seclusion of students with disabilities, including proper use of restraint, key US Department of Education guidance, areas where state laws encounter problems, the role of the IEP team in the use of restraint, caselaw examples of restraint-related disputes, the role (if any) of true seclusion as opposed to time-out, and cases on the use of other types of aversives for students with disabilities, among other topics.
WS 8
Advanced Section 504 Issues
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

How does Section 504 address eligibility for learners who are gifted and disabled? Which students on health plans need to be referred for Section 504 evaluations? What about students in RtI or early intervention? How does Section 504 discipline work in a state with medical marijuana laws? What’s happening with service animal cases? This lively session will address these and other advanced 504 topics.
WS 9
Writing Legally Defensible and Meaningful IEPs
Jan Tomsky, Attorney at Law, Fagen Friedman & Fulfrost, Oakland, California

Crafting IEPs that are clear, specific and measurable is an art that takes practice and experience.  Veteran special education attorney Jan Tomsky will guide you through each essential component of an IEP, providing guidance and practical drafting pointers so that you can remain legally compliant and offer the most appropriate program for the student.
3:10 – 3:30 PM
Refreshment Break
3:30 – 5:00 PM
Second General Session
Tips for Demonstrating FAPE after Endrew F.
Julie Weatherly, Attorney at Law, owner, Resolutions in Special Education, Inc., Mobile, Alabama

On March 22, 2017, the U.S. Supreme Court re-visited the legal standard for the provision of FAPE to students with disabilities–a standard that was first addressed by the Court in 1982. Now, more than ever, certain considerations must be kept in mind when providing services to students with disabilities. This session will provide a number of practical tips, in light of the Endrew F. decision, for demonstrating the provision of FAPE to students with disabilities
5:15 – 6:30 PM
Hosted Networking Reception

Wednesday, September 27, 2017

7:30 AM
Registration Opens
7:30 – 8:15 AM
Continental Breakfast
8:15 – 9:45 AM
Wednesday Early Morning Workshops
WS 3
Modern Trends in Sp Ed Placements: Vouchers and Virtual Programs
Jose Martin, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

Two placement issues are emerging as involving potential paradigm shifts in the provision of special education services: private school vouchers and virtual/online programs. This session will review the legal issues in both, including use of IDEA-B funds in voucher programs, federal investment in vouchers, implications for students with disabilities, the issue of IDEA procedures and safeguard for voucher students with disabilities, and the relative availability of private school options. With respect to virtual programs, the session will review the areas in which the IDEA framework is a poor fit to virtual program contexts, application of LRE in virtual programs, eligibility and admissions issues, appropriateness of virtual programs for certain types of students, the dilemma of open enrollment virtual programs and students with disabilities, the emerging caselaw on the issue, and sample policies establishing non-discriminatory admission criteria.
WS 4
When ADA and Section 504 Choices Interfere with IDEA and FAPE
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

IDEA students also have Section 504 and ADA rights. That mix of rights can result in some very interesting situations involving IDEA FAPE and 504/ADA rights to service animals, effective communication, and school choice. We’ll discuss the issues to consider when students with IEPs look to 504 for equal access, addressing tough questions such as, “Who runs the show when the laws collide?” and, “What should the IEP team do when 504/ADA choices interfere with IDEA FAPE?”
WS 10
Secondary Transition: Building a Pathway from School to Adulthood
Sam Blazina, Education Ombuds, Washington State Office of the Education Ombuds, Ellensburg, Washington

Transition planning is a partnership involving students with disabilities, their families, school personnel, local community, adult service representatives, employers, and interested others. The purpose is to assist students identify opportunities and experiences during their school years to help prepare them for life as an adult. Transition is an integral component of the student’s IEP, focusing both on present and future needs. Planning for the future should help the IEP team design functional instructional programs that reflect the student’s interests and needs for life as an adult in the areas of employment, community living and community involvement, post-secondary education, leisure activities and the development of friendships. Effective transition services should enable the student to help manage his/her future.
WS 11
Collaborative Problem-Solving: Facilitation, Mediation, and Other ADR Strategies
Carrie Basas, Director, Washington State Governor’s Office of the Education Ombuds, Seattle, Washington and Rose Spidell, Education Ombuds, Washington State Office of the Governor, Seattle, Washington

In this session, Carrie Basas and Rose Spidell from the Washington State Governor’s Office of the Education Ombuds (OEO) will provide an overview of ADR tools and strategies used within their office to address conflict in the K-12 system. Through case examples and interactive brainstorming, the session leaders will engage participants in leveraging collaborative problem-solving techniques to address both individual and systems-level barriers. The examples offered will draw from key areas of education equity, such as discipline, discrimination, bullying, and special education.
WS 12
Legally Defensible Programs for Students with Autism – Essential Elements & Guidelines
Mary Schillinger, Educational Consultant/ former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California and Mitch Taubman, Actum Clinical and Behavioral Services, Calabasas, California

Presented by nationally recognized researcher, author, and practitioner in Autism, Dr. Mitch Taubman, and, experienced Special Education administrator, presenter, and author, Mary Schillinger, this workshop will cover the critical attributes of comprehensive and defensible programs from preschool through high school for all functioning levels of students with autism. Find out what the essential components are that must be addressed in any IEP and program for your students with Autism, and how to embed these components into your Autism Programs. Learn about common program gaps that cause districts to lose litigation challenges. A model for building capacity within district staff for the training and implementation of Applied Behavior Intervention in all settings will be described with suggestions for addressing the unique needs of your district and students. Find out how a well-trained behavior team can reduce disruptive behaviors and conduct in class models for intervention. Checklists for use in conducting a gap analysis of your district programs as well as resources, strategies, and forms will be provided. Tools for compliance, communication, collaboration, and de-escalation will be shared.
WS 13
Supported Decision-Making: From Justice for Jenny to Justice For All
Jonathan Martinis, Senior Director for Law and Policy, The Burton Blatt Institute at Syracuse University, Washington D.C.

An Introduction to Supported Decision Making, where people with disabilities work with friends, family members, and professionals to help them understand the situations and choices they face, so they can make their own decisions without the need for a guardian. Using the “Justice for Jenny” case as an example, this course will discuss the research-based theories behind Supported Decision-Making and how it can improve the life outcomes of people with disabilities.
9:45 – 10:00 AM
Refreshment Break
10:00 – 11:30 AM
Wednesday Late Morning Workshops
WS 7
Extraordinary Behavior Interventions and the Law: Restraint, Seclusion, and Aversives
Jose Martin, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

Increasingly, states are regulating schools’ use of restraint and seclusion for students with disabilities, although some areas remain in question. This session addresses the legal issues of restraint and seclusion of students with disabilities, including proper use of restraint, key US Department of Education guidance, areas where state laws encounter problems, the role of the IEP team in the use of restraint, caselaw examples of restraint-related disputes, the role (if any) of true seclusion as opposed to time-out, and cases on the use of other types of aversives for students with disabilities, among other topics.
WS 8
Advanced Section 504 Issues
Dave Richards, Attorney at Law, Richards Lindsay & Martin, LLP, Austin, Texas

How does Section 504 address eligibility for learners who are gifted and disabled? Which students on health plans need to be referred for Section 504 evaluations? What about students in RtI or early intervention? How does Section 504 discipline work in a state with medical marijuana laws? What’s happening with service animal cases? This lively session will address these and other advanced 504 topics.
WS 10
Secondary Transition: Building a Pathway from School to Adulthood
Sam Blazina, Education Ombuds, Washington State Office of the Education Ombuds, Ellensburg, Washington

Transition planning is a partnership involving students with disabilities, their families, school personnel, local community, adult service representatives, employers, and interested others. The purpose is to assist students identify opportunities and experiences during their school years to help prepare them for life as an adult. Transition is an integral component of the student’s IEP, focusing both on present and future needs. Planning for the future should help the IEP team design functional instructional programs that reflect the student’s interests and needs for life as an adult in the areas of employment, community living and community involvement, post-secondary education, leisure activities and the development of friendships. Effective transition services should enable the student to help manage his/her future.
WS 11
Collaborative Problem-Solving: Facilitation, Mediation, and Other ADR Strategies
Carrie Basas, Director, Washington State Governor’s Office of the Education Ombuds, Seattle, Washington and Rose Spidell, Education Ombuds, Washington State Office of the Governor, Seattle, Washington

In this session, Carrie Basas and Rose Spidell from the Washington State Governor’s Office of the Education Ombuds (OEO) will provide an overview of ADR tools and strategies used within their office to address conflict in the K-12 system. Through case examples and interactive brainstorming, the session leaders will engage participants in leveraging collaborative problem-solving techniques to address both individual and systems-level barriers. The examples offered will draw from key areas of education equity, such as discipline, discrimination, bullying, and special education.
WS 12
Legally Defensible Programs for Students with Autism – Essential Elements & Guidelines
Mary Schillinger, Educational Consultant/ former Assistant Superintendent of Education, Collaboration for Success, Simi Valley, California and Mitch Taubman, Actum Clinical and Behavioral Services, Calabasas, California

Presented by nationally recognized researcher, author, and practitioner in Autism, Dr. Mitch Taubman, and, experienced Special Education administrator, presenter, and author, Mary Schillinger, this workshop will cover the critical attributes of comprehensive and defensible programs from preschool through high school for all functioning levels of students with autism. Find out what the essential components are that must be addressed in any IEP and program for your students with Autism, and how to embed these components into your Autism Programs. Learn about common program gaps that cause districts to lose litigation challenges. A model for building capacity within district staff for the training and implementation of Applied Behavior Intervention in all settings will be described with suggestions for addressing the unique needs of your district and students. Find out how a well-trained behavior team can reduce disruptive behaviors and conduct in class models for intervention. Checklists for use in conducting a gap analysis of your district programs as well as resources, strategies, and forms will be provided. Tools for compliance, communication, collaboration, and de-escalation will be shared.
WS 14
Supported Decision-Making: From Theory to Practice
Jonathan Martinis, Senior Director for Law and Policy, The Burton Blatt Institute at Syracuse University, Washington D.C.

This course will review practical ways to secure Supported Decision-Making supports and services throughout the life course, with an emphasis on ways people can access Supported Decision-Making through the Special Education system. The course will include advocacy tips, based on existing legal requirements, to secure appropriate services.
11:30 AM

2017 Institute Adjourns