25th Annual Pacific Northwest Institute on Special Education and the Law

Welcome And Sixth Annual Ralph E. Julnes Memorial Keynote Address

Twenty-Five Years of Special Education and the Law: Lessons We Have Forgotten That Need Revisiting - Rick Bartos, Esq., Attorney at Law, Bartos Law Offices, Helena, Montana

Special Education Law Update: The Year in Review

What?s New in Special Education Law Since Last Year?s Pacific Northwest Institute as Reflected in Significant Court Decisions. - Julie J. Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama

1. Some Educational Benefit:  Is The Standard Changing?

   How much is enough? What does “some educational benefit” mean? Ninth Circuit decisions interpret this phrase from Rowley in a manner that is sometimes overlooked. What considerations other than educational benefit comprise the determination of whether a student?s program is appropriate? What sources of information are relevant? What role does the IEP play in the determination, and how has the IDEA’s evolution affected the standard of appropriateness? - Howard Fulfrost, Attorney at Law, Fagen Friedman & Fulfrost, LLP, Los Angeles, California

2. It Might Not Have the Pizzazz of the IDEIA, but Section 504 is Alive and Well Today

   This workshop will address Section 504 and how it continues to evolve in the educational setting. The presentation will cover recent court decisions and will address issues such as over identification of students with disabilities, temporary disabilities, accommodation on statewide testing, sports participation and disability harassment. The workshop also will include issues regarding accessibility to classrooms and athletic facilities and how schools should respond to 504 complaints. - Jim Keith, Attorney at Law, Adams & Reese LLP, Jackson, Mississippi

3. Paraeducators in the Classroom: Benefits and Pitfalls

   This workshop will address the legal requirements related to Paraeducators: professional qualifications; use of paraeducators for instruction or other tasks; and supervision of paraeducators. - Paul E. Smith, Partner, Perkins Coie LLP, Bellevue, Washington

4. Regular Educators and the Student with Disabilities

   What's necessary and what's not? When can doing “too much” be a problem? What are the legal underpinnings of the regular educators’ role in educating children with disabilities in their classroom? This workshop will address differences between accommodations and modifications; attendance and excusal at IEP meetings; delivery of SDI; grading, report cards and transcripts; and facilitating collaboration between the special education teacher and the regular education teacher. The focus will be on practicality, with real-class examples and tips for good practice to help lead regular educators and special education teachers from confusion to confidence! - Kathryn Wells Murdock, General Counsel, Vancouver School District, Vancouver, Washington

5. Q & A–Ask the Experts: Building Level

   A panel of experts will provide a framework to answer your questions relating to building level administration of special education. Questions will be solicited electronically before the conference from participants who sign up for this workshop. Questions will also be collected at the conference when you pick up your registration packet. This will be your opportunity to get your specific questions answered in those areas that most affect you. - William A. Coats, Attorney at Law, Vandeberg Johnson & Gandara, LLP, Tacoma, Washington, Rob Duncan, Associate Principal, Skyview High School, Vancouver, Washington

6. Autism Methodologies

   An overview of the curriculum and instructional strategies used in the STAR Program. A description of thirty years of research by Dr. Arick, and some of the related national research including outcome study research with over 120 children with autism. This session will focus on “how” to implement a comprehensive research-based program for children with autism in the public school system. Video examples, demonstrations of the methods and lecture will be used to provide a detailed introduction to this topic. - Joel Arick, PhD, Professor, Portland State University, Portland, Oregon

7. Ninth Circuit Special Education Decisions: What You Need to Know

   This session will provide an overview and analysis of siginificant decisions issued by the Ninth Circuit, United States Court of Appeals interpreting IDEA rights affecting special education professional practices in the Pacific Northwest and the following states/territories: Alaska, Idaho, Oregon & Washington, Montana, Arizona, California, Guam, Hawaii, Nevada & Northern Mariana Islands. - Art Cernosia, Esq., Attorney/Education Consultant, Williston, Vermont

8. The IEP Team-Substantive and Procedural Hazards

   What are the common pitfalls to avoid when convening this all important procedural gathering? This session will provide technical and practical guidance to avoid a denial of FAPE, and review the impact of changes in the new federal regulations. We will consider how strategic decisions around IEP team composition can profoundly affect an educational program's success. - Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho

9. Dangerous/Violent Students: A Psychoeducational Perspective

   One of the most complex challenges facing educators today is to provide educational opportunities in a safe and welcoming environment. The identification, categorization, and subsequently, the treatment of children who have emotional, behavioral difficulties can be complex with implications that are far-reaching. This presentation will provide a psychoeducational perspective that clarifies identification procedures and most importantly, information, treatment and remedial planning ideas for problems manifested by these students in the school environment. References outlining reasonably calculated prevention and intervention models will be discussed. - Eric Hartwig, Ph.D., Administrator/Psychologist, Wausau, Wisconsin

Let Them Shine - Watch Them Soar

Presented with a parent concern, the St. Helens Special Education Department analyzed High School social experiences of students with severe disabilities by asking: 1) What are we doing right now? 2) Could we be doing anything differently? 3) Are we doing enough? The response facilitated collaboration and discussion which led to the creation of SHINE: Students Helping Inspire Nonjudgmental Equality. Join us as we take you on our journey, provide you with helpful ideas, and allow you to look at your educational programs and ask yourself: Can we “Let them Shine, Watch them Soar?” -
Jeri Deady, Director of Special Education, St. Helens School District, St. Helens, Oregon and Lori Thompson, Special Education Coordinator, St. Helens School District, St. Helens, Oregon

10. Making General Education, Special:  The Convergence of NCLB & IDEA 2004

    NCLB requires local education agencies to ensure that all children reach reading and math proficiency by 2014. IDEA 2004 requires state education agencies to set performance goals consistent with AYP. Has the mandate to provide a “basic floor of opportunity” to students with disabilities changed? Has the long-standing directive to provide “equal educational opportunity” morphed into a mandate to guarantee “equal educational outcomes” for all students. Does “FAPE” now equal “AYP?” This presentation will discuss these questions and consider NCLB's impact on a local education agency's obligations to student with disabilities under IDEA 2004 and its implementing regulations. - Howard Fulfrost, Attorney at Law, Fagen Friedman & Fulfrost, LLP, Los Angeles, California

11. Transition Services Under IDEA 2004

    There is recognition under the new law that transition has been a weak link in the special education process. Individuals with disabilities remain unemployed and underemployed at alarming rates. A discussion of the legal history of transition services as well as court and agency decisions that attempt to define what services are appropriate to meet the law?s requirements. What are the ramifications of IDEA 2004?s revised focus on transition services? - Julie J. Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama

12. Parents and Their Rights Under the IDEA: What Does “Parent Participation” Really Mean?

    IDEA confers specific and significant rights on all parents, and specifically the parents of special education students, to participate in educational decision-making. How are these rights different than the rights of the student? What happens when the rights of the student and the parent are in conflict? A discussion of federal statutory and regulatory requirements, and practical considerations for balancing parental rights, student needs, and district obligations. - Robin Wortman, Resource Director, Oregon Parent Training and Information Center, Salem, Oregon and Karen Ripplinger, Partner Trainer, Oregon Parent Training and Information Center, Salem, Oregon and Victoria Haight, Metro Gorge Regional Trainer, Oregon Parent Training and Information Center, Salem, Oregon

13. Response to Interventions: More Lessons Learned

    A brief overview of a system that has been successfully implemented, 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. - Petrea Hagen-Gilden, Director of Student Services and Elementary Programs, Tigard-Tualatin School District, Tigard, Oregon

14. Q & A–Ask the Experts: District Office

    A panel of experts will provide a framework to answer your questions relating to district level administration of special education. Questions will be solicited electronically before the conference from participants who sign up for this workshop. Questions will also be collected at the conference when you pick up your registration packet. This will be your opportunity to get your specific questions answered in those areas that most affect you. - W illiam A. Coats, Attorney at Law, Vandeberg Johnson & Gandara, LLP, Tacoma, Washington, Daniel Bettis, Principal, Fir Grove/Vista Program Vancouver School District, Vancouver, Washington

15. Practical Tips for Facilitating IEP Meetings

    Some IEP meetings cause more conflict than resolution. Consider facilitated IEPs. How does a facilitated IEP meeting work? Why should you use a facilitator? Who is the best person to facilitate an IEP? What special training, skills and knowledge areas does a facilitator need for conducting an IEP meeting? Some practical suggestions and tips of the trade for facilitating successful IEPs. IEP facilitation checklists will also be provided. - Julie Gentili Armbrust, Attorney-Mediator, President, Mediation Northwest, Eugene, Oregon

16. Preschool Special Education: from Part C to Part B

    How do the rights of families of infants and toddlers change when the children turn three? How should districts prepare to ease the transition from Part C to Part B? What is the status of the proposed Federal regulations? A discussion of the differences in eligibility criteria, focus, decision-making and other issues. Highlights of some of the case law regarding the components of preschool programs, including methodology, least restrictive environment and ?stay-put? when the local school district and the family disagree over proffered preschool services. - Joni Kerr, Attorney at Law, Vancouver, Washington

17. Serious Mental Health Issues in the School Setting

    The obligations of LEA?s and SEA?s under IDEA and 504 for children who experience serious mental health problems; residential placements, mental health counseling, protections from harm for the student, the teacher and other professionals and the other students in the  program, responses to concerns by parents of other students and the distinction between educational and medical services in this context. - William Dussault, Attorney at Law, Dussault Law Group, Seattle, Washington

18. Discipline Under The IDEA

    What options are available for the discipline of special education students?  What procedures must be followed when using those options?  A practical discussion of discipline under the IDEA, including suspensions, expulsions, manifestation determinations, behavioral assessments and plans, interim alternative education settings, dealing with dangerous students, providing services during removals, ?stay put? during appeals, treatment of students not yet identified as disabled under the IDEA, and more.  How many days of suspension a year are allowed? What counts as a day of suspension?  When is a manifestation determination required and how does the new standard work?  When are functional behavioral assessments required?  What services must be provided during a removal?   When is an interim alternative education setting available and what procedures are required? - Graham Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon

Strange Days: Confessions of an Aging Rock Star

This presentation will discuss the very serious subject of implementation of education-from a not-so-serious point of view. An aging rock star turned educational psychologist presents a rumbling, relentless review of where we've been and where we're going in the field. It seems we have become frustrated by the growing demands and proportion of our work, often trying to do too much under inadequate circumstances. The dizzying array of additional responsibilities can be very frustrating to even the most experienced, but the conflict and discontent that often results can be the engine for change. That requires self-reflection and introspection. Need a lesson in how to reconnect to the reason you first became an educator? Dr. Hartwig, in a surprising rock star performance, presents a relentless review of where we've been and where we're going in education. - Eric Hartwig, Ph.D., Administrator/Psychologist, Wausau, Wisconsin