Monday, October 5

8:00amRegistration Desk Opens

8:00am - 9:00amCoffee and tea service

9:00am - 5:00pmPre-Institute Mini-Courses

Mini-Courses

7:30pm - 8:30pmDessert Reception

Tuesday, October 6

7:30amRegistration Desk Opens

7:30am - 8:15amCoffee and tea service

8:30am - 10:00amFirst General Session

Year in Review
Art Cernosia, Attorney at Law/Education Consultant, Williston, Vermont

10:00am - 10:15amBreak

10:15am - 11:45amTuesday Morning Workshops

1. 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
2. Unilateral Residential Placements
   Everyone Pays! – Unilateral residential placements have always been contentious and confusing for everyone involved. What is (and is not) a unilateral residential placement? Does it matter who initiates the placement – district, agency or parents? Who is entitled to what, and who is responsible for paying? With a brief review of the legal history, we will focus on current issues and trends in unilateral residential placements. - Julie Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama
3. Students with Allergies and Chemical Sensitivities
   Hardly a week goes by without reading an article in the newspaper about allergies and chemical sensitivities – it is a growing epidemic. School districts must be particularly sensitive to the needs of students with allergies 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 and stories from around the country and provide practical advice for drafting policies and responding to parental requests for accommodations. - Darcy Kriha, Attorney at Law, Franczek Radelet & Rose, Chicago, Illinois
4. Ninth Circuit Special Education Decisions
   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). - Art Cernosia, Attorney at Law / Education Consultant, Williston, Vermont

6. New 2009 FERPA Regulations: Implications for Parents, Students, Schools, and Attorneys
   This session will highlight what the new FERPA regulations mean to schools, students and parents; how they came to be, and what must be done to be in compliance. - Kathryn Murdock, General Counsel, Vancouver School District, Vancouver, Washington
7. Regular Educators and the Student with Disabilities
   You mean the regular educator is part of the IDEA process? A brief history of how the regular educator's role has evolved in special education. What's necessary and what's not. When can doing too much also be a problem? What are the legal underpinnings of the regular educator's role in educating children with disabilities (both IDEA and 504) 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; disclosure of personal notes; dealing with the forgotten parent; and facilitating collaboration between the special education teacher and the regular education teacher. Discussion will also include regular education teacher's influence in displine matters, role at the manifestation determination meeting. The workshop's objective is practicality, with real-class examples and tips for good practice to help regular educators and special education teachers from confusion to confidence. - Rick Bartos, Attorney at Law, Bartos Law Offices, Helena, Montana
8. Response to Intervention: 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. This workshop will emphasize secondary issues. - Monique Siemerink, Special Education Director, Bethel School District, Eugene, Oregon and Dr. Drew Braun, Director of Instruction, Bethel School District, Eugene, Oregon.

11:45am - 12:00pmRecess

12:00pm - 1:30pmHosted Luncheon and Second General Session

Research in Evidence Based Practices at the University of Washington: The Dawgs Are Out and On Point
In this session, Dr. Cheney will review the research that is being conducted by faculty in the area of Special Education at the University of Washington/Seattle. The UW faculty have had sustained projects focusing on disability areas of emotional/behavioral and learning disabilities, autism, and early childhood for decades. In addition, the current focus on response to intervention in both academics and behavior will be discussed. Findings from some of the major studies at UW-Seattle will be presented with an emphasis on how these evidence based practices can be used in both preservice education at the university as well as in applied settings in schools. - Doug Cheney, Professor, Special Education, University of Washington, Seattle, Washington

1:45pm - 3:15pmTuesday Early Afternoon Workshops

9. Manifest Determination: In Search of the Holy Grail
   As educators we are asked to decipher the complex web of law and regulations governing the manifestation determination process. In this session, the misunderstandings surrounding whether a disabled student should face disciplinary consequences for misbehavior at school will be discussed. This will prove to be a hands on ,relevant discussion of a sometimes frustrating process. - Valerie Hughes, Attorney at Law, Perkins Coie LLP, Seattle, Washington
10. Tragedy in the Time-Out Room: Isolation and Other Aversive Techniques
    When can schools use time-out rooms and other forms of isolation with students? Do aversive techniques violate student's educational or civil rights? What do courts do when confronted with these issues? This session will include a review of special education regulations, agency interpretation and case law on aversive techniques.- Buzz Porter, Attorney at Law, Dionne & Rorick, Seattle, Washington
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? - Christopher Hirst, Attorney at Law, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Seattle, Washington
12. Preschool Special Education
    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? A discussion of the differences in eligibility criteria, focus, decision-making, evaluation, 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. - Tracy Miller, Attorney at Law, Karr Tuttle Campbell, Seattle, Washington
13. Section 504 and the ADA - The Definition of "Student With a Disability" Broadened: What Does This Mean for Schools?
    The Americans with Disabilities Act Amendments Act of 2008 (ADAAA), effective January 1, 2009, broadened the definition of the term "student with a disability." Among other changes, the ADAAA expands the definition of "major life activities" to include major bodily functions, clarifies that an impairment that is episodic or in remission is a disability under Section 504 if it would substantially limit a major life activity when active, directs that mitigating measures used by a student (other than ordinary eyeglasses and contact lenses) should not be considered when determining whether the student has a disability under Section 504, and clarifies the impact of a temporary impairment and the meaning of "regarded as" having an impairment. This session will discuss how the ADAAA broadens who qualifies as a "student with a disability" under Section 504 and what this change means for schools. - Carolyn Madsen, Attorney at Law, Office of Civil Rights, US Department of Education, Seattle, Washington and Jim Rich, Special Education Director, Puget Sound ESD, Renton, Washington
14. Parents and Their Rights Under the IDEA and Related State Law: 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? What new developments affect the revocation of consent under the IDEA? A discussion of federal statutory and regulatory requirements, relevant administrative and judicial decisions, and practical considerations for balancing parental rights, student needs, and district obligations. - Charlotte Cassady, Attorney at Law, Seattle, Washington
15. Q & A – Ask the Experts: District Office/Building Level
    A panel of experts will provide a framework to answer your questions with specific emphasis on issues that arise in the District Office and building level. Questions will be solicited electronically from participants who sign up for this workshop. - Graham M. Hicks, Attorney at Law, Graham M. Hicks, P.C., Beaverton, Oregon and Rick Wilson, J.D., PhD, Associate Principal, Skyview High School, Vancouver, Washington and Director, UW School Law Division, Seattle, Washington
16. Compensatory Education: What it is and When it is Available
    An intermediate level workshop concentrating on what is the real meaning of compensatory education and when it is available under the IDEIA of 2004. Participants will have a better understanding of what can happen if a school district fails to provide a free appropriate education to a student eligible for special education services. - Elaine Eberharter-Maki, Attorney at Law, Eberharter-Maki & Tappen, P.A., Boise, Idaho

3:15pm - 3:30pmBreak

3:30pm - 5:00pmTuesday Late Afternoon Workshops

Repeat workshops #1 - #8
1-2-3-4-6-7-8

Wednesday, October 7

7:30amRegistration Opens

7:30am - 8:00amCoffee and tea service

8:15am - 9:45amThird General Session

Special Education at the Speed of Sound
In a little more than an hour, over 60 practical tips for staying out of special education legal trouble will be provided and include areas such as identification, evaluation, IEP development and implementation, discipline, LRE and ESY! - Julie J. Weatherly, Attorney at Law, Resolutions in Special Education, Inc., Mobile, Alabama

9:45am - 10:00amBreak

10:00am - 11:30amWednesday Morning Workshops

Repeat Workshops #9 - #16
9-10-11-12-13-14-15-16

11:45am - 1:15pmHosted Lunch and Fourth General Session
Ralph E. Julnes Memorial Keynote Address

Can't We Just All Get Along
Does the thought of attending certain IEP meetings leave you feeling tense and nervous? Does it have to be this way? A veteran school district special education attorney who has attended over 1,000 IEP meetings during her career will share her insights into the IEP process and what differentiates a good IEP team from a great IEP team. Learn tips on dealing with all manner of conflict at the IEP table, from passive-aggressiveness to outright hostility and the importance of preparation. - Darcy Kriha, Attorney at Law, partner, Franczek Radelet & Rose P.C., Chicago, Illinois

1:15 pm2009 Institute Adjourns