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2017 Breakout Session III
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Breakout III - Saturday March 4, 2017 · 3:00 PM - 4:15 PM

 

Title

 Presenter(s)

Intended Audience

3.1

Understanding and Utilizing the Interconnectedness of Section 504 and the ADA

Martin J. Cirkiel

Kenneth Cardin

All

3.2

Accessing Language Rights in Special Education: Landmark Court Rulings and Legal Strategies for Litigation (Spanish and English)

Tere Ramos

Attorney/Advocate/Law Student

3.3

Prove It So Your Client Doesn't Lose It: Strategic Planning for Meeting the Prong II Burden at Due Process Hearing.

Gerry McMahon

Danielle McGee

Lauren Peterson

Mary-Caitlin Harding

Attorney/Law Student

3.4

Legal Tools to Address Criminalization of Homeless Children and Youth

Michael Santos

Attorney/Law Student

3.5

The Post-Olmstead Application of ADA Rights to Public Education Services and Placement Claims, Cases, How and When to Use these Rights

Jonathan A. Zimring

Attorney/Advocate/Related Professional/Parent

3.6

Federal, State, and Local Efforts to Address Overly Punitive School Discipline Policies for Early Elementary Students

Maureen Van Stone

Mallory Finn

All

3.7

Improved literacy outcomes for children with Intellectual Disabilities: What we know about effective evaluation and intervention

Anne I. Treimanis

Kathleen M. Whitbread

All

3.8

Maximizing Youth Voice

Shiloh Carter

Olivia Hudson

All


 

3.1 Understanding and Utilizing the Interconnectedness of Section 504 and the ADA

Presenter: Martin J. Cirkiel, Esq., and Kenneth Cardin, Esq.
A
udience Category: All
Audience Level: All  

This course explores how two important federal laws are connected as they apply to accessibility for adults and children with disabilities. The ADA and Section 504 overlap in several key areas relating to accessibility of both the physical environment and government programs. The presenters discuss proven real world applications of these two laws.


3.2 Accessing Language Rights in Special Education: Landmark Court Rulings and Legal Strategies for Litigation

Presenter: Tere Ramos
 
Audience Category: Attorney/Advocate/Law Student
 
Audience Level: Intermediate/Advanced  

 Districts are often reluctant to provide equitable educational opportunities to dual eligible Limited English Proficient (LEP) / special education students and their families.  Past attempts to address the lack of language access through lawsuits and civil rights complaints have had mixed results. This presentation analyzes legal approaches used in the past to enforce language access in special education, and discusses in-depth the litigation strategy currently used in a language rights case in MA. This session has real-time Spanish Interpretation available via headset translation to those who request the service ahead of time on their registration form.

 

3.3 Prove It So Your Client Doesn’t Lose It: Strategic Planning for Meeting the Prong II Burden at Due Process Hearing

Presenters:  Gerry McMahon, Esq.,  Danielle McGee, Esq., Lauren Peterson, Esq., and Mary-Caitlin Harding
Audience Category: Attorney/Law Student
 
Audience Level: All                                                                                       

Prong II of the Burlington/Carter Reimbursement Analysis can be an afterthought when Parents’ Attorneys focus on getting over the hurdle of Prong I. But what do you do to win on Prong II?  This presentation addresses the Parents’ burden of proof, how to meet it, including all phases—from witness prep and document review to post hearing brief and closing argument. Included in the accompanying legal analysis of courts across the country, while the presentation is focused on how to practically approach Prong II.

3.4 Legal Tools to Address Criminalization of Homeless Children and Youth

Presenter: Michael Santos
Audience Category: Attorney/Law Student
Audience Level: Novice/Intermediate/Advanced

Many students with disabilities face intersectional challenges and barriers due to homelessness or lack of stable housing. These barriers include those found in the school building due to disciplinary policies as well as outside barriers that criminalize homelessness more broadly. This presentation focuses on the legal challenges, model policies, and constructive alternatives in ensuring that homeless children and youth, including those with disabilities, are not criminalized.

 

3.5 The Post-Olmstead Application of ADA Rights to Education and Public Educational Services and Placement – Claims, Cases, and How and When to Use these Rights

Presenter: Jonathan A. Zimring, Esq.
 
Audience Category: Attorney/Advocate/Related Professional/Parent
 
Audience Level: Intermediate/Advanced 

This session includes a review of the Americans with Disabilities Act (ADA) Olmstead and Title II enforcement and use, distinguishing the ADA from IDEA rights and procedures.  A framework for ADA use in school programs and in services in the community is provided.

 

3.6 Federal, State, and Local Efforts to Address Overly Punitive School Discipline Policies for Early Elementary Students

Presenter: Maureen van Stone, Esq., M.S., and Mallory Finn, Esq.
Audience Category: All
Audience Level: Novice/Intermediate                                                                                          

This session provides an overview of the issue of early elementary suspension and the federal, state, and local laws and policies that govern the issue. The presenters discuss statistics related to suspensions at the early elementary school level, and provide recommendations for prevention of and alternatives to suspension for early elementary age students.

 

3.7 Improved Literacy Outcomes for Children with Intellectual Disabilities: What We know About Effective Evaluation and Intervention


Presenters:
Anne I. Treimanis, Esq., and Kathleen M. Whitbread, Ph.D.
Audience Category: All
Audience Level:  All                                                                                         

YES, students with Down syndrome can become proficient readers! It starts with an appropriate evaluation. This session will explore 1) what the research tells us about effective literacy instruction for students with ID; 2) the components of a comprehensive reading evaluation, including special considerations for students with ID; and 3) efficient and useful progress-monitoring practices.

3.8 Maximizing Youth Voice

Presenters: Shiloh Carter, Esq., Olivia Hudson
Audience Category: All
Audience Level:       Novice                                                                                           

This session emphasizes the benefits for including youth in the advocacy process and educating youth about their education and civil rights. The earlier a young person is placed in the “driver’s seat” starting with their own education choices, the better the outcomes are for that youth.  Strategies to empower Youth to drive the process at an early age are provided. 

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