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2010 Annual Case Law Review
Presenter: Judith Gran, Esq.

This session is presented by Judith Gran a founding Member of COPAA, and Partner at Reisman Carrolla Gran, LLP. Judith, one of the nations foremost legal expert on issues involving persons with disabilities, reviews her annual look at case trends. Participants will receive the 45 page document: 2010: THE YEAR IN REVIEW CASES DECIDED BY THE UNITED STATES COURTS OF APPEAL UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AND RELATED STATUTES. Case summaries and an analysis of the impact and trends by topic and circuit are presented.

Legal Claims for Bullying and Harassment
Presenters: Catherine Merino Reisman, Esq., Amy Carolla, Esq.

It is impossible to receive a free and appropriate public education in an unsafe environment. Teasing, name-calling, bullying, and joking, even if egregiously cruel, do not create a discriminatory hostile environment. But if the teasing, name-calling, bullying, and/or joking tend to indicate discriminatory intent, school personnel and school districts can face liability for the hostile environment. This webinar will discuss the differing standards of liability depending upon which statutory claims the student pursues and the differing standards for liability state law claims may have.

Litigating Claims for Unlawful Retaliation and Interference with Rights
Presenters: Judith A. Gran, Esq., Catherine Merino Reisman, Esq., Selene A. Almazan, Esq.

Actions of District personnel can constitute unlawful retaliation or otherwise interfere with federally protected rights of clients. This session explores potential claims under Section 504, the ADA and Section 1983 (specifically pursuant to the First Amendment right to petition for redress) and helps participants understand when the actions of District personnel cross the line from lawful advocacy of the District’s position that it has offered a FAPE to unlawful retaliation and interference. The history and origin of similar provisions in other civil rights laws (which served as the models for the ADA and Section 504) is discussed, including how to use that history to protect clients. Specific examples of when retaliation/interference claim is appropriate are explored, including answers to such scenarios as: When a school district denies an expert access to a classroom observation because she will be testifying in a due process hearing, can one state a claim for unlawful interference or retaliation? Can the pursuit of truancy proceedings ever constitute unlawful retaliation? What about manipulating the administrative hearing system to force Parents to forego their right to seek (in the future) reimbursement for an Independent Educational Evaluation? Is there any redress when District personnel react negatively to a student who has won placement in the least restrictive environment?

Social Emotional Assessment: Meeting IDEA Requirements
Presenter: Ann E. Simun, PsyD

IDEA requires the use of scientifically validated assessment tools including social emotional and adaptive functioning. IDEA also requires multiple measures and use of data to find individual needs, develop goals, and identify services. Unfortunately too often reports and instruments used do not meet these requirements. School psychologist’s evaluations often fail to include standardized measures of social emotional /adaptive skills, or utilize measures that are scientifically unsound. This may result in narrowed findings which are difficult to interpret. The use of social emotional assessment reports that fail to meet IDEA requires standards can lead to inappropriate goals, services, settings, punishment, and other harm to the student, including poor educational outcomes, social isolation, bullying, punishment, and more restrictive educational placements. Despite reliance on unsound instruments, good measures abound. Learn how to evaluate tests and tools.

Expanding Your Arsenal with Section 504
Presenters: Mandy Favaloro, Esq. and Carolina Watts

This webinar explores the ways in which advocates and attorneys can utilize procedures available under Section 504 of the Rehabilitation Act to protect and expand upon their clients’ rights, including rights for Parents and an exploration of the standard of FAPE under Section 504. Section 504 of the Rehabilitation Act is often under utilized by members of the Special Education community given the focus on ensure that children with special needs have the appropriate programs in place and the safeguards established under IDEA. Section 504, however, has been expanded by the courts to include a right for Parents to sue Districts on their own behalf and, in some circumstances, seek damages from school districts. The presentation explores the historical framework and purposes of Section 504 and other civil rights statutes, and legal issues that arise under Section 504 including discrimination, the provision of FAPE, and how that may differ from FAPE provided under the IDEA. The presentation also reviews ways to advocate for students when there is a possible violation of Section 504, such as local Section 504 complaint processes, utilizing the Office of Civil Rights complaint procedures and seeking judicial action through the court system and the remedies available under these procedures.

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The Challenges of Cultural Congruence: What Every Advocate Should Know

This webinar will focus the importance of cultural congruence, one of the most challenging and often least discussed issues central to the success of Black families as they seek to provide a quality education for their children, particularly acquiring appropriate special services. As a member of a cultural group whose ethnic and racial heritage is congruent with and supported by that dominant in this society, that is Euro-western white, one may assume that this prevailing cultural worldview and the subsequent educational and other social institutions created by it are universally suitable and acceptable. The assumption is often made that the prevailing cultural worldview is universally adopted and held by all Americans, particularly those who have been in this country for generations and for whom English is believed to be their first language. This webinar will explore how this assumption has hurt non-immigrant African Americans and their progeny, particularly in terms of education, their potential for educational achievement, and the current disproportionality we see in terms of special education. Emphasis will be placed on how advocating for a culturally congruent educational experience on behalf of Black students and their families has the potential to transform the negative educational outcomes that has plagued this population for decades.

Instructor: Linda James Myers, Ph.D. , Professor, Ohio State University, past president of the Association of Black Psychologists, and Chairman of the Board of Directors for the National Association for the Education of African American Children with Learning Disabilities.

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Addressing Legal Issues of Disability and Race Discrimination

Studies have consistently documented that fact that students with disabilities, as well as student who are African-American or Hispanic, are discriminated against with respect to school disciplinary exclusions. In addition, African-American and Hispanic students are more likely to be classified as being in need of special education services than their Caucasian peers. As advocates for students with disabilities, how do we address these issues systemically and how can we work collaboratively with organizations such as the NAACP to address both disability and race discrimination?

Instructors: Matthew Engel, Esq., Ron Lospennato Esq.

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Representing Parents Whose Dominant Language is Other Than English

This presentation identifies ethical considerations and best practices for representing parents whose dominant language is other than English, including potential pitfalls and ethical issues arising from the use of interpreters. The presentation also explores parents’ right to interpretation and translation as it relates to meaningful participation in the IEP process. This presentation identifies ethical considerations and best practices for attorneys representing parents whose dominant language is other than English. Specifically, participants will review selected bar guidelines regarding the use of interpreters—both professional interpreters and informal interpreters—and will discuss how the use of interpreters relates to the lawyer’s ethical obligations, such as competence, communication, and confidentiality. Finally, participants explore how the right to meaningful participation impacts parents’ right to interpretation and translation under the IDEA, accompanying regulations, and interpretative case law, and according to OSEP policy guidance.

Instructor: Gabriela Ruiz, Esq., Southern Legal Counsel

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Disproportionality: What Are We Doing About It?

The IDEA, 20 U.S.C. §1412(a)(24) requires states to ensure that there are policies and procedures to prevent over identification/disproportionally in special education. Yet a 2010 report from the Schott Foundation, “Yes We Can” confirms that black males are more likely to be referred to special education than their white peers and they are more likely to be denied access to a rigorous regular education curriculum once in special education. States are supposed to monitor over identification of students of color in special education. But despite strong language in the statute, and certain duties of states and school districts, children of minority status are still being placed inappropriately. The resources “In Brown’s Wake” (Martha Minnow) which examines the use of Brown v. Board of Education to address the rights of children with disabilities and other groups, and OSEP’s review of state statistics on disproportionally are explored. This seminar provides a review of the statutory and regulatory framework, as well as an examination of cases and statistics that bring to light, and the national tragedy of using special education to inappropriately desegregate our schools.

Instructor: Sonja Kerr, Esq., PILCOP

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Impartial Hearings: The Hearing Officer’s Perspective
Impartial hearings have become more procedurally complex and formal than many
civil trials in federal court. Some impartial hearing officers require a level of specificity in pleadings that exceeds the specificity required by federal courts while courts now fail to enforce settlement agreements negotiated outside of formal due process proceedings. As the impartial hearing process becomes more judicial in nature, we should consider judicial theories that explain how judges make decisions. What is the impartial hearing officer really thinking? These theories form a background that we can use to approach impartial hearing officers. This presentation will explore impartial hearing pitfalls identified by actual impartial hearing officers, including what irks impartial hearing officers the most, and specific strategies that can be used to avoid
these pitfalls and present winning cases.
Instructor: Barbara J. Ebenstein, Esq.  

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Getting Paid for Kicking Butt
This webinar is aimed at the basic level to provide attorneys a comprehensive review of how to obtain attorneys’ fees
and litigation expenses under the IDEA. Participants will learn about who is considered a prevailing parent, which proceedings are covered, the impact of settlements on recovery of fees, how to determine the lodestar amount, which activities are compensable, circumstances for reducing fees, effective documentation of the fee request, practical tips for writing time entries, mechanics of filing for fees, and some ethical considerations.
Instructor: Jodi Siegel, Esq.  

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Alternate Ways to Due Process
This session focuses on alternative means to obtain appropriate educational services for children without completing a due process hearing. Recognizing that parents often wish or need to avoid the stress and expense of due process, this session discusses: informal means of settlement; use of Independent Educational Evaluations to solve disputes;  settlement at the IEP table; use of resolution sessions; meaningful mediation;  insisting on Rule 68 offers; other offers of judgment; and hearing officer assistance to reach settlement. Ms. Kerr is an experienced attorney who attempts to utilize settlement to obtain appropriate educational services
for the children she represents.
Instructor: Sonja Kerr, Esq.  

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Learning to Read
Participants learn about the oral language foundation for reading, and how young children acquire the rules for phonics based upon their awareness of sound patterns in words. Dr. Farrall discusses the significance of delays in the acquisition of basic reading skills and how to use current research to advocate for instruction that will be effective for children of all ages with reading challenges.

Instructors: Elaine Holden, PhD and Melissa Farrall, PhD

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Reading to Learn
Dr. Holden continues the discussion of how reading develops. Building on the skills addressed in Part One, Dr, Holden discusses the importance of reading fluency as a necessary skill for reading comprehension. She discusses the higher-level language skills (vocabulary, sentence structure, and inferential thinking) that contribute to a deep understanding of text. Participants learn about current research in fluency and reading comprehension as a means of better understanding the needs of young readers.

Instructors: Elaine Holden, PhD and Melissa Farrall, PhD

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Reading Assessment
Children with reading difficulty vary in their profiles as readers and in their instructional needs. What works for one child may not be appropriate for another. A good reading assessment will provide a foundation for establishing current skills level, making decisions regarding appropriate types of remedial programs, scoring systems, and documenting progress. Participants will learn about the components of a comprehensive reading evaluation, scoring systems, and how to relate performance on reading tests to the writing of IEPs and remedial instruction.

Instructors: Elaine Holden, PhD and Melissa Farrall, PhD

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Direct, Systematic Multi-sensory Instruction for Reading
Much misunderstanding surrounds the definition of multisensory instruction and this seminar will not only dispel many myths but also clarify what multisensory reading instruction means. Teaching the concepts that serve as a structure to the English language is just as important as teaching the letters themselves. The very basic concepts will be discussed and participants will see how these concepts become part of a true multisensory reading lesson. Some direct modeling of steps in a multisensory reading lesson will be included.

Instructors: Elaine Holden, PhD and Melissa Farrall, PhD

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Reduced Special Education Law: A Little of Everything You Need to Know in 90 Minutes or Less
This session provides an overview of IDEA, including current political/legal factors contributing to the current practice environment, specifically: Buckhannon, changes to IDEA in the 2004 Reauthorization, and other real world issues affecting special education practice.  Current case law and practical information on the following key special education principles: Right to an Education; Right to Appropriate Evaluation; Right to a Free Appropriate Public Education (FAPE); Right to Education in the Least Restrictive Environment (LRE); Right to parental notice and participation; and the Right to Due Process are discussed.

Instructor: Matthew Cohen, Esq.

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Keeping Students in School: a Training on IDEA Discipline Law and Combating Zero Tolerance Policies
This session reviews the basics of the IDEA as it pertains to discipline, including an explanation of changes made in IDEA 2004. In addition, strategy and advocacy efforts to combat Zero Tolerance policies are discussed.

Instructors: Matthew Engel, Esq. and Ron Hager, Esq.

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Least Restrictive Environment: The Intersection of Research and Law
The IDEA 2004 requires the use of “peer reviewed research to the extent practicable.” This session provides an overview of the requirements of the IDEA for peer reviewed research, the most recent qualitative and quantitative research on inclusive educational practices for students with disabilities. An overview of recent case law on LRE and the intersection of research and the courts is also provided.

Instructor: Selene A. Almazan, Esq.

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Informed Consent and Meaningful Participation
IDEA has since its initial passage the right of informed consent. This presentation provides an overview of this IDEA right by examining its origin, meaning and application. The use of the right of consent in evaluations, reevaluations, IEP development, placement and access are addressed with suggestions for managing these issues and obtaining access to all relevant information for a parent’s right of decision making.
Instructor: Jon Zimring, Esq.

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2009 Annual Case Law Review
Those individuals unable to attend the 2010 Annual Conference can now receive the 2009 Year in Review, in which Judith Gran, founding Board member and legal expert on issues involving persons with disabilities, reviews trends among cases in the United States Courts of Appeal. Participants will receive the 25 page document that includes a summary of each case presented, as well as analysis of the impact and trends by topic and circuit. Instructor: Judith Gran, Esq.

Non- Member: $35
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Successful Advocacy and Negotiation Strategies for Your Next IEPSuccessful advocacy at IEPs depends upon developing a strategic plan for the meeting. This presentation will focus on how to develop such a plan and the key skills to increase the likelihood of reaching a successful outcome for your client without exhausting parents’ limited resources. The presentation will address how to develop the skills needed to reach a successful outcome through negotiation, preparation, understanding the contents of the case file especially the evaluations and how to dissect the finer points of an IEP. Frequently, the first IEP that the attorney or advocate attends sets the tone and the stage for future efforts at settlement and resolution. The focus will be on practical means of preparing for IEPs to increase the likelihood of reaching the desired outcome.

Instructor: Charles P. Fox, Esq.

Non- Member: $35
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