2013 Institute Agenda
An Annual Overview of Selected Legal Issues Affecting Special Education Administration and Practices
Monday, October 7, 2013
8:00 am Registration Desk Opens
8:00 am – 9:00 am Coffee and tea service
9:00 am – 5:00 pm Pre-Institute Mini-Courses
Tuesday, October 8, 2013
7:30 am Registration Desk Opens
7:30 am – 8:30 am Coffee and tea service
8:30 am – 10:00 am First General Session
Current Decisions in Special Education Law
Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
As with previous years, 2013 has been an active year of special education litigation and 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
Workshops 1 through 7
1-2-3-4-5-6-7
- The Principal and Special Education
Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
This session specially designed for building administrators will cover those area of special education that confront a building administrator from the time they first walk in a building. Tips will be shared to avoid common traps that prevent compliance with the law and build strong relationships. - Ninth Circuit Special Education Decisions
Art Cernosia, Attorney/Education Consultant, Williston, Vermont
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). - The Changing Landscape of Interventions for Autism Spectrum Disorders
Dr. Raphe Bernier, Director of Clinical Services for the UW Autism Center, Assistant Professor of Psychiatry and Behavioral Sciences, Adjunct Assistant Professor of Psychology, University of Washington, Seattle, WA
There are hundreds of approaches that have been proposed for the treatment of autism spectrum disorders and providers and families must make sense of the myriad options. This session will provide a foundational understanding of the scientific literature regarding autism intervention, including behavioral models, educational models, medical perspectives, and complementary and alternative approaches. Additionally, tools for working with families to make informed decisions about treatment options will be discussed. - Avoiding the Pitfalls of Co-teaching While Achieving Job Satisfaction For Both! Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
Learn how to support effective partnerships, preventing the special educator from feeling like an aide, and the general educator feeling challenged over who “owns” which students in MY classroom. - Sports and the Special Needs Athlete- Go Team?
Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho
Policy guidance relating to compliance with Section 504 and Title II of the ADA regarding athletic eligibility and participation in extracurricular activities by students with disabilities in light of the recent Department of Education ruling. - Parent Rights Under the IDEA and Related State Law: What is Required?
Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon
Parents play an important role in the special education process. Accordingly, the IDEA and corresponding state laws afford parents a variety of rights designed to ensure their informed and meaningful participation in that process. What are those rights and what must districts do to avoid violating them? A practical discussion of parental rights regarding notice, consent, native language, evaluations, participation in IEP meetings, placement, education records, discipline, dispute resolution, and more. - Response to Intervention (RTI) : Lessons Learned
David Putnam, Director, Oregon RTI, Tigard-Tualatin School District, Tigard, OR An advanced session highlighting successfully implementation of RTI, 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.
11:45am – 12:00pmRecess
12:00pm – 1:30pmHosted Luncheon and Second General Session
Ralph E. Julnes Memorial Keynote Address
Diagnostic and Statistical Manual of Mental Disorders (DSM-5) What it Might Mean to You!
Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA and Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
1:45 pm – 3:15 pm Tuesday Early Afternoon Workshops
Workshops 8 through 14 8-9-10-11-12-13-14
- Legally Defensible Threat Assessments
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
In alignment with the FBI, Secret Service and Department of Ed. findings in the Safe School Initiative, and in collaboration with Dr. Dewey Cornell, University of Virginia, review the components of team-based onsite Threat Assessment protocol and how to avoid legal pitfalls in the process. Also review the intersection of school safety and special education law that provides safeguards for all. - Social Media and Special Education
Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL
Understanding the role of social media in the education world is critical. If businesses can utilize social media platforms to increase sales, why can’t teachers use social media platforms to increase student grades? Teachers and students alike are using technology in the classroom, including social media in all its various forms. Learn about common pitfalls and issues involving technology that schools should focus attention on. - Accommodating Students with Health Issues
Suzy Harris, Legal Counsel (Special Education/Section 504), Portland Public Schools, Portland, Oregon
Do you need a 504 plan for students with diabetes or food allergies? What accommodations must be provided for students with tree nut allergies? Must we provide a peanut-free school? Does every student with diabetes need a 504 plan? Hardly a week goes by without reading an article in the newspaper about allergies and other health related issues – they are epidemic. School districts must be particularly sensitive to the needs of students with health issues as they serve a large number of students with varying needs in an environment that is not easily controlled. This session will highlight recent cases from around the country and provide practical advice for drafting policies and responding to parental requests for accommodations. - Effective and Legally Sound Programming for Students with Emotional and Behavioral Disorders (EBD)
Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA
This presentation will discuss how to create an effective program for students with E/BD that provides a continuum of supports and placement options ranging from full inclusion to 100% placement in a self-contained classroom. The audience will learn about an approach to creating E/BD programs that is predicated on the integration of evidence-based practices and Response to Intervention procedures (e.g., progress monitoring to make data-based decisions and implementation of a multi-tiered system of support - CANCELLED Q & A–Ask the Experts OCR Style
Paul Goodwin, Kelli Lydon-Medak, Zelda Foxall, and Steve Riley, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
A panel of experts from the Office of Civil Rights will provide a framework to answer your questions on issues that develop at the building and classroom level. - Dispute Resolution: The Citizen Complaint Process
Pam McPartland, Program Supervisor, Special Ed., Washington OSPI, Olympia, Washington
This intermediate level workshop spotlights the complaint resolution process. This presentation will benefit SEA level complaint investigators, covering complaint investigation methods and procedures; LEA level school staff and administrators charged with responding to complaints and potential complainants on writing a clear complaint and providing supporting information. - English Language Learners (ELL) and Special Education
Julie Esparza Brown, EdD, Assistant Professor, Graduate School of Education, Special Education, Portland State University
Research shows that ELLs are typically either over-represented or under-represented in district special education programs across the U.S.. The ELL population percentages are disproportionate when compared to their English speaking peer populations’ percentages. Research demonstrates that English language learners with the least amount of language support are most likely to be referred to special education. ELLs receiving all of their instruction in English were almost three times as likely to be in special education as those receiving some native language support. Challenge are also face when parents are also non English speaking. This session will delve into the legal issues impacting your school districts.
3:15pm – 3:30 pm Break
3:30pm – 5:00 pm Tuesday Late Afternoon Workshops
Repeat workshops 1 through 4 and add 15-16-17-18
- The Principal and Special Education
Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
This session specially designed for building administrators will cover those area of special education that confront a building administrator from the time they first walk in a building. Tips will be shared to avoid common traps that prevent compliance with the law and build strong relationships. - Ninth Circuit Special Education Decisions
Art Cernosia, Attorney/Education Consultant, Williston, Vermont
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). - The Changing Landscape of Interventions for Autism Spectrum Disorders
Dr. Raphe Bernier, Director of Clinical Services for the UW Autism Center, Assistant Professor of Psychiatry and Behavioral Sciences, Adjunct Assistant Professor of Psychology, University of Washington, Seattle, WA
There are hundreds of approaches that have been proposed for the treatment of autism spectrum disorders and providers and families must make sense of the myriad options. This session will provide a foundational understanding of the scientific literature regarding autism intervention, including behavioral models, educational models, medical perspectives, and complementary and alternative approaches. Additionally, tools for working with families to make informed decisions about treatment options will be discussed. - Avoiding the Pitfalls of Co-teaching While Achieving Job Satisfaction For Both! Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
Learn how to support effective partnerships, preventing the special educator from feeling like an aide, and the general educator feeling challenged over who “owns” which students in MY classroom.
- Dangerous Students: District Liability
Michael Rorick, Attorney at Law, Porter Foster Rorick LLP , Seattle, WA
This presentation will look at Risk to Fellow Students and Staff; Section 1983 Liability; Negligence and Workers’ Compensation “Deliberate Intention” Exception; Recommended Preventive Action to Avoid Liability; Temporary and Permanent Removal from Current Placement, Including Interim Alternative Setting and Honig Injunction; and Criminal Assault and Role of Law Enforcement Authorities. - Primer on the IEP Process–What You Need to Know and How to Do It
Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho
This session will look at the challenges presented in the IEP process including predetermination, attendance, clarity of language,use of the common core standards to increase learning, etc. How do we effectively and accurately report achievement in the world of high stake testing and education reform? Progress reports, report cards, transcripts, and various modifications involved in reporting progress will be addressed. - Regular Educators Who do Too Much (or Too Little) and How to Get it Just Right!
Jill L. Geary, Attorney at Law, Wolf Bay Law, Seattle, WA
The legal underpinnings of the regular educators’ role in educating Students with Disabilities in their classes. It will include issues of accommodations and modifications; “leveling the playing field” vs. “changing the game;” LRE and inappropriate programming; grades, report cards, and transcripts; and the “side effects” of doing “too much.” The workshop will be practical, provide real-class examples, and hints for good practice to help lead regular and special educators from confusion to confidence! Includes interaction of NCLB and IDEIA - Bridging Research to Practice: The Support, Management and Preparation of Paraeducator Daily Practices and Responsibilities
Regina Moreno, Director of Special Education Programs, Associate Professor, College of Education, Concordia University, Portland, OR
Legal requirements related to Paraeducators: professional qualifications: use of paraeducators for instruction or other tasks; and supervision of paraeducators.
EveningDinner on your own
Wednesday, October 9, 2013
7:30 am Registration Opens
7:30 am – 8:15am Coffee and tea service
8:15 am – 9:45 am Wednesday Early Morning Workshops
Repeat workshops 5-6-8-9-10-11 and add workshop 19
- CANCELLED Sports and the Special Needs Athlete- Go Team?
Shirley Oliver, Senior Equal Opportunity Specialist, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
Policy guidance relating to compliance with Section 504 and Title II of the ADA regarding athletic eligibility and participation in extracurricular activities by students with disabilities in light of the recent Department of Education ruling. - Parent Rights Under the IDEA and Related State Law: What is Required?
Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon
Parents play an important role in the special education process. Accordingly, the IDEA and corresponding state laws afford parents a variety of rights designed to ensure their informed and meaningful participation in that process. What are those rights and what must districts do to avoid violating them? A practical discussion of parental rights regarding notice, consent, native language, evaluations, participation in IEP meetings, placement, education records, discipline, dispute resolution, and more.
- Legally Defensible Threat Assessments
Diana Browning Wright, Educational/Behavioral Consultant, Sierra Madre, CA
In alignment with the FBI, Secret Service and Department of Ed. findings in the Safe School Initiative, and in collaboration with Dr. Dewey Cornell, University of Virginia, review the components of team-based onsite Threat Assessment protocol and how to avoid legal pitfalls in the process. Also review the intersection of school safety and special education law that provides safeguards for all. - Social Media and Special Education
Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL Understanding the role of social media in the education world is critical. If businesses can utilize social media platforms to increase sales, why can’t teachers use social media platforms to increase student grades? Teachers and students alike are using technology in the classroom, including social media in all its various forms. Learn about common pitfalls and issues involving technology that schools should focus attention on. - Accommodating Students with Health Issues
Suzy Harris, Legal Counsel (Special Education/Section 504), Portland Public Schools, Portland, Oregon
Do you need a 504 plan for students with diabetes or food allergies? What accommodations must be provided for students with tree nut allergies? Must we provide a peanut-free school? Does every student with diabetes need a 504 plan? Hardly a week goes by without reading an article in the newspaper about allergies and other health related issues – they are epidemic. School districts must be particularly sensitive to the needs of students with health issues as they serve a large number of students with varying needs in an environment that is not easily controlled. This session will highlight recent cases from around the country and provide practical advice for drafting policies and responding to parental requests for accommodations. - Effective and Legally Sound Programming for Students with Emotional and Behavioral Disorders (EBD)
Clayton Cook, Assistant Professor, Educational Psychology, College of Education, University of Washington, Seattle, WA
This presentation will discuss how to create an effective program for students with E/BD that provides a continuum of supports and placement options ranging from full inclusion to 100% placement in a self-contained classroom. The audience will learn about an approach to creating E/BD programs that is predicated on the integration of evidence-based practices and Response to Intervention procedures (e.g., progress monitoring to make data-based decisions and implementation of a multi-tiered system of support
- Restraints and Other Aversive Interventions: Changing the Practice
Laura Matson, Special Services Director, Puget Sound ESD, Renton, WA
In light of the focus on evidenced based practices and increased publicity regarding injuries and death resulting from these aversive interventions, the continued use of aversive interventions in public school settings is questioned by many at the national, state and district level. This session will provide participants with current and pending policies regarding the regulation of aversive interventions. Systematic practices and strategies being used by schools and districts to reduce the need for aversive interventions will be shared.
9:4 5am – 10:00 am Break
10:00 am – 11:30 am Wednesday Late Morning Workshops
Repeat workshops 12, 13,15 through 18 and add 20
- CANCELLED Q & A–Ask the Experts OCR Style
Paul Goodwin, Kelli Lydon-Medak, Zelda Foxall, and Steve Riley, U.S. Department of Education, Office for Civil Rights, Seattle, Washington
A panel of experts from the Office of Civil Rights will provide a framework to answer your questions on issues that develop at the building and classroom level. - Dispute Resolution: The Citizen Complaint Process
Pam McPartland, Program Supervisor, Special Ed., Washington OSPI, Olympia, Washington
This intermediate level workshop spotlights the complaint resolution process. This presentation will benefit SEA level complaint investigators, covering complaint investigation methods and procedures; LEA level school staff and administrators charged with responding to complaints and potential complainants on writing a clear complaint and providing supporting information.
- Dangerous Students: District Liability
Michael Rorick, Attorney at Law, Porter Foster Rorick LLP , Seattle, WA
This presentation will look at Risk to Fellow Students and Staff; Section 1983 Liability; Negligence and Workers’ Compensation “Deliberate Intention” Exception; Recommended Preventive Action to Avoid Liability; Temporary and Permanent Removal from Current Placement, Including Interim Alternative Setting and Honig Injunction; and Criminal Assault and Role of Law Enforcement Authorities. - Primer on the IEP Process–What You Need to Know and How to Do It.
Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho
This session will look at the challenges presented in the IEP process including predetermination, attendance, clarity of language,use of the common core standards to increase learning, etc. How do we effectively and accurately report achievement in the world of high stake testing and education reform? Progress reports, report cards, transcripts, and various modifications involved in reporting progress will be addressed. - Regular Educators Who do Too Much (or Too Little) and How to Get it Just Right!
Jill L. Geary, Attorney at Law, Wolf Bay Law, Seattle, WA
The legal underpinnings of the regular educators’ role in educating Students with Disabilities in their classes. It will include issues of accommodations and modifications; “leveling the playing field” vs. “changing the game;” LRE and inappropriate programming; grades, report cards, and transcripts; and the “side effects” of doing “too much.” The workshop will be practical, provide real-class examples, and hints for good practice to help lead regular and special educators from confusion to confidence! Includes interaction of NCLB and IDEIA - Bridging Research to Practice: The Support, Management and Preparation of Paraeducator Daily Practices and Responsibilities
Regina Moreno, Director of Special Education Programs, Associate Professor, College of Education, Concordia University, Portland, OR
Legal requirements related to Paraeducators: professional qualifications: use of paraeducators for instruction or other tasks; and supervision of paraeducators.
- Bargaining and Special Education
Mike McNett, Advocacy Specialist, Washington Education Association, Federal Way, WA and Connie Compton, Past President, Kent Education Association and Special Education Teacher, Kent, WA
Bargaining has a major impact on both the teacher’s association and the district. Issues arise at the table impacting both general and special educators, including meeting participation and preparation, workload, equity, evaluation, assessment and placement, and safety. This session, conducted by two seasoned union negotiators, will explore the labor relations aspects of these and other areas, and suggest constructive approaches that may be considered through the negotiations process
11:45 am – 1:15 pm Hosted Lunch and Third General Session
Urban Myths and “Mythstakes”
Darcy Kriha, Attorney at Law, Franczek Radelet & Rose P.C., Chicago, IL
A list of common “misconceptions” about special education (IDEA and Section 504) will be addressed in this lively general session that will entertain both new and veteran special education personnel. Can special education students be suspended over 10 days in a school year? Do parents consent to eligibility or a change in placement? Must you do everything that a physician says you must do? The list of urban legends is endless! This session will help clear up common misconceptions in the world of special education.
1:15 pm 2013 Institute Adjourns