Home   |   Directory   |   Contact Us   |   Sign In   |   Join Us
2020 One Day Pre-conference: Friday, 3/6

 

Friday, March 6, 2020 9:00 AM – 5:00 PM

One Day 

Friday, March 6, 2020 9:00 AM – 5:00 PM

Title

Presenter(s)

Intended Audience

F-1

Federal Litigation of IDEA and Related Claims “Attorney Workshop of a Walk through a Federal Case Study”

Mark Martin

Jon Zimring

Intermediate/Advanced

Attorney

F-2

Persuasive Writing: A Roadmap to Winning IDEA Cases

Ellen Saideman

Tal M. Goldin

Kevin Golembiewski

 

All Experience Levels

Attorney/Advanced Advocate

* Eligible for Advance Advocate Certificate Program, must meet other criteria.

F-3

Legal Foundations for Comprehensive Assessments & Evaluations: Guiding Principles for Appropriate Specialized Instruction & Goal Development

Allison Allman

Deborah Campbell

Andrea Macintire

Novice/Intermediate

All Attendees




Half Day Sessions

Friday, March 6, 2020

 

Title

Presenter(s)

Intended Audience

F-4.1

9:00 AM– 12:30 PM

Beginner's Guide to Building The IEP

Monika Jones

Audrey Vernick

Novice

Parents/Advocates

F-4.2

1:30 PM – 5:00 PM

From Mess to Success: A Step-by-Step Approach for When, Why and How to file State and Due Process Complaints

Marlies Spanjaard

Erin O'Sullivan

Novice/Intermediate

All Attendees


 

F.1 Federal Litigation of IDEA and Related Claims – Attorney Workshop of a

Walk through a Federal Case

 

Presenters:

Jonathan A. Zimring

Zimring Law Firm

1425 A Dutch Valley Place

Atlanta, GA 30324

404.607.1600, ext. 7001

zimring@zlawyers.com

 

Mark Martin

Law Offices of Mark Martin

One N. Charles Street, Suite 1215

Baltimore, Maryland 21201

410.779.770

mmartin@markmartinlaw.com

 

Intended Audience:

Intermediate/Advanced

Attorney

 

Brief Session Description:

This a one-day session for attorneys who are bringing or defending IDEA and related federal claims in federal court. Participants participate in a step-by step review of the IDEA de novo review process in federal court litigation from the end of administrative due process to planning and filing a complaint or answer, through to judgment, attorney fees and appeal rights. In light of Endrew F.  and Fry, and a growing body of cases implementing these, additional consideration will include a discussion of bringing and exhausting supplemental claims, pleading and demonstrating the meaning of FAPE in both categories of Endrew F.  cases, where the ADA may separate itself from IDEA, specific IDEA claims such as stay-put enforcement, a focus on mediation/settlement preparation and approach, and claims for attorney fees. Participants are asked to consider strategies related to filing a complaint and answer, preparing and handling discovery, determining the appropriate legal standards and a review of the critical cases and issues involved in federal litigation.

 

Presenters’ Biography:

Mark Martin represents individuals and families throughout Maryland and has many years of experience in litigating special education, juvenile delinquency, criminal and civil rights cases.  Before entering private practice, Mr. Martin   was the litigation director of the Public Justice Center, a non-profit organization in Baltimore, Maryland, where he managed and litigated class action and other high impact cases involving children's rights and civil rights.  Prior to that, The Legal Aid Society of New York employed him as a criminal defense attorney where he represented indigent defendants in New York City. Mr. Martin has served as a member of the Board of Directors of the Maryland Coalition for Inclusive Education and United Cerebral Palsy of Central Maryland (UCP).  Annually, Mr. Martin helps lead a program at the national conference for the Council of Parent Attorneys and Advocates (COPAA) in advanced litigation for attorneys who represent families in special education proceedings.  Mr. Martin is a past Chair of the COPAA Board of Directors.  He regularly presents throughout Maryland on issues related to special education law, student rights pursuant to Section 504 of the Rehabilitation Act of 1973 and student discipline issues.

 

Jonathan A. Zimring has a primary practice in education law with decades of experience in educational and other civil rights. Mr. Zimring a graduate of Duke University School of Law was Director of the Georgia Mental Disability Law Project, funded by the ABA Commission on Mental Disability to provide representation to persons with disabilities and then education law specialist for the Georgia Legal Services Program. He has been chairman of the State Bar of Georgia Mental Health and the Law Committee and Chairman of its School and College Law Section, the ABA/Younger Lawyer's Section on Law and the Handicapped.  He has presented in numerous CLE programs for judges, attorneys and educators on educational rights, special education and civil rights issues and here at COPAA. He was guardian ad litem in Olmstead v. L.C. and E.W. ex rel Zimring, 527 U.S. 581(1999), which established that separate placement and services was discrimination under the ADA.   Mr. Zimring is on the COPAA Board of Directors.


F.2 Persuasive Writing:  A Roadmap to Winning IDEA

 

Presenters:

Ellen Saideman

Law Office of Ellen Saideman

7 Henry Drive

Barrington, RI  02806

401.258.7276

esaideman@yahoo.com

 

Kevin Golembiewski

Berney & Sang

1628 JFK Blvd., Suite 1000

Philadelphia, PA 19103

215.690.1722

kag@berneylaw.com

 

Tal Goldin

Director of Advocacy,

Montana Legal Services Association

616 Helena Ave., Ste. 101

Helena, MT  59601

(406) 442-9830x157  

tgoldin@mtlsa.org

 

Intended Audience:

All Experience Levels

Attorney/Advanced Advocate

 

Brief Session Description:

This full-day workshop teaches persuasive writing for litigating IDEA cases in both due process and federal court, from drafting a due process complaint through a decision in federal district court. There are three writing exercises: a due process complaint; a response to a motion to dismiss, and a motion to judgment on the administrative record.

 

Presenters’ Biography:

Ellen Saideman has more than thirty years of experience with litigation and legal writing, both as an attorney and as a professor of legal writing.  She is admitted to the bar in four states (Florida, Massachusetts, New York, and Rhode Island) as well as six federal district courts, seven federal circuit courts, and the U.S. Supreme court. She has worked as a civil rights and disability rights attorney since 1986 when she joined the New York City Commission on Human Rights.  She served as Deputy Director and then Director of the Equal Employment and Public Accommodation Division, where she oversaw the intake and investigation of discrimination complaints.  She then joined New York Lawyers for the Public Interest as a staff attorney in its disability rights unit.   Her work there included Burr v. Sobol, which established compensatory education as a remedy for special education and also attorneys’ fees for administrative hearings under IDEA.   She also trained private bar attorneys to do special education cases and provided them with support.  When NYLPI established its Disability Law Center, Ellen became Director.   Under her leadership, NYLPI filed four of the first ADA Title II complaints with the U.S. Department of Justice, including a case that resulted in making the Empire State Building’s observation deck accessible.  In Florida, she worked for Legal Services for Greater Miami for a year and then worked for the Advocacy Center for Persons with Disabilities (now Disability Rights Florida).  There, her work included special education cases as well as class action lawsuits, including Prado-Steiman v. Bush, which resulted in a settlement that required Florida’s Medicaid program to improve and expand its Home and Community based Waiver program for people with developmental disabilities. .  In 2000, for her legal work in Florida, including litigation that achieved dramatic expansion and reform of the Medicaid Home and Community-Based Waiver for individuals with developmental disabilities, she received Florida ARC’s Marvin Finkel Memorial Advocacy Award and the Florida Developmental Disabilities Council’s Outstanding Mentor/Advocate Award. After moving to Rhode Island, she taught legal writing at Roger Williams University School of Law for thirteen years and also continued disability rights work.  Since 2012, she has had a private practice that includes special education.   She often works with the American Civil Liberties Union of Rhode Island, Rhode Island Legal Services, and the Rhode Island Disability Law Center, as well as other legal organizations nationally both on individual cases and on systemic law reform work including special education. Ellen is co-chair of the COPAA amicus committee and has co-authored over a dozen amicus briefs for COPAA, including substantial work on COPAA’s amicus briefs in both Fry and Endrew F.   She has also provided training in legal writing, special education, and IEEs to NDRN, COPAA, and other organizations.  

 

Kevin Golembiewski is an associate with Berney & Sang, a Philadelphia civil rights firm.  He has practiced education law since graduating from Harvard Law School in 2013, save two years during which he clerked for the Honorable Charles R. Wilson of the United States Court of Appeals for the Eleventh Circuit.  Kevin concentrates his practice on federal litigation.  He has litigated special-education cases in district and circuit courts across the country.Kevin has published five law review articles, including one focusing on legal writing, Advocacy Before the Eleventh Circuit: A Clerk’s Perspective, 73 U. Miami L. Rev. 1221 (2019).

 

Tal Goldin is a civil rights attorney and the Director of Advocacy at Montana Legal Services Association (MLSA), Montana’s federally funded civil legal aid organization.  Tal is responsible for the supervision and training of over 15 public-interest attorneys addressing the civil legal needs of low-income Montanans.  Tal’s work is focused on developing and prosecuting impact litigation and emphasizing the civil rights aspects of poverty law in a broad range of areas, including discrimination in public programs and services, consumer protection, domestic violence, victims of crime, elder abuse and exploitation, subsidized housing, public benefits, health harming legal needs, and Indian law. As a member of the organization’s Leadership and Management teams, he is involved in all aspects of daily organizational leadership and long-term strategic management.  Tal is actively involved in providing training, technical assistance, and mentorship to special education attorneys and advocates across the U.S. Prior to his work at MLSA, Tal was the Supervising Attorney for the Education Unit at Disability Rights Montana, the federally mandated civil rights protection and advocacy organization for Montana, where his work focused almost entirely on enforcing the federally protected rights of children with disabilities in K-12 public school settings.  In 2018, Tal and his co-counsel obtained a $1.14 million settlement against a school district and the state educational agency (the largest special education settlement in Montana history) for a rural Montana student with a severe cognitive disability and autism who had received no education in almost four years. Tal has taught Special Education Law, Policy, and Practice at the University of Montana, Phyllis J. Washington College of Education and Human Sciences, served as an adjunct professor at the University of Montana School of Law, and presented throughout Montana and nationally on the civil rights of students with disabilities.   During law school, Tal was a two-time member of the Jessup International Law Moot Court team, and his brief on international human rights law placed in the top 10 in the Pacific Region. Previously, Tal worked in private practice in the areas of family, real estate, landlord-tenant, and business law; at the Kings County (Brooklyn, NY) District Attorney's Office (KCDA) as a researcher and grant writer for youth alternative-to-incarceration programs; and later assisted in prosecuting perpetrators of child abuse and child homicide in the KCDA Crimes Against Children Bureau. In a prior career, Tal was a scenic designer, project manager, and art director for film, television, and theatre based out of New York City.  Tal is a member of the Order of Barristers, the Council of Parent Attorneys and Advocates, the National Association of Counsel for Children, the American Bar Association, the Montana Trial Lawyers Association, a past-president of the Western Montana Bar Association, and a 2013 fellow of the New Leader’s Council.  He is admitted to practice law before Montana state and federal courts, Washington state courts, and the United States Court of Appeals for the Ninth Circuit.


F.3 Legal Foundations for Comprehensive Assessments & Evaluations: Guiding Principles

for Appropriate Specialized Instruction & Goal Development

 

Presenters:

Alison Allman

aallman@flspedlaw.com

 

Deborah Campbell, M.A., CCC-SLP

debbierc@tampabay.rr.com

 

Andrea Macintire

abwmacintire@gmail.com

 

Intended Audience:

Novice/Intermediate

All Attendees

 

Brief Session Description:

This one-day workshop is designed to help participants understand the full scope of an individualized education assessment. Focus is on the legal foundation for evaluations, how to use comprehensive assessments to select appropriate, specialized instruction, and the essential components needed to develop meaningful, measurable goals.  The session is interactive, providing significant time for discussion and exploration of the issues.

 

Presenters’ Biography:

Alison L. Allman is a special education attorney in Florida.  She is a graduate of the University of Virginia and the University of South Carolina School of Law.  Alison was a career prosecutor in Florida before making the decision to dedicate her career to representing children with disabilities.  Alison worked at Special Education Law and Advocacy in St. Petersburg with Mark Kamleiter before purchasing the firm from him in October of 2018. (Mark is still of counsel with the firm)  In addition to practicing special education law, Alison works pro bono, representing crossover (Dependency and Juvenile criminal) children in the Florida foster care system.  She is a member of COPAA and the Florida Association of Special Education Attorneys.

 

Deborah Campbell, M.A., CCC-SLP is the owner and president of Superior Therapy Services, Inc. and Administrator of Early Intervention Services. She has been Certified and Licensed as Speech/Language Pathologist for over 25 years.  Debbie is also a pediatric and adult Swallowing Specialist.  Deborah is a Certified Dyslexia Testing and Treatment Specialist in addition to a Certified Orton-Gillingham Barton Tutor at the advanced level.  She is a Certified Early Interventionist who specializes in birth to three-year old development. Deborah is a provider of the Making Math Real methodology from Berkeley University.  Additional credentials include Education Advocate, whose services she provides through the Law Office of Alison Allman, Special Education and Law Advocacy (SELA).  Deborah has received training and continuing education in areas such as Lindamood Bell, Handwriting Without Tears, Sensory Integration, Special Education Law and Advocacy, Video Fluoroscopic Swallow Studies, Fiberoptic Endoscopic Evaluation of Swallowing and Voice (FEES)and Adult Neurology and is a Certified Neuro-biofeedback Technician.   Deborah is currently a PhD student at the University of South Florida. Her area of focus is language and literacy. Deborah is married with two children.  She is passionate about the services she provides to her clients.  Deborah also works diligently to make sure that her therapists and interventionist maintain the same integrity and quality of care that she expects of herself.

 

Andrea Macintire, Ed.S., is an educational consultant and child advocate. Mrs. Macintire received her B.A. in political science and psychology from the University of Delaware in 1992.  Graduating with honors (magna cum laude and Phi Beta Kappa), she went on to earn an M.A. (1993) and Ed.S. (1995) in school psychology.  Prior to working in the school system in both Delaware and Florida, Mrs. Macintire was a legislative aide in the Delaware State Senate, working on the child advocacy bill that would later protect Delaware’s children from predators by requiring state and federal criminal background checks for all child care workers and educators.  Active in state and national politics, she was honored to campaign for (then, Senator) Vice-President Joseph Biden. While working as a supervised school psychologist in private practice in Palm Harbor and Largo, Florida, she compiled a bank of research-validated academic and behavioral recommendations in such areas as ADHD, autism spectrum disorder, learning disabilities across subject areas, intellectual disabilities, emotional and behavioral issues, and neurodevelopmental disorders.  This collection of recommendations includes less common disorders, such as Tourette's Syndrome, spatial neglect, epilepsy, disruptive mood dysregulation disorder, dyspraxia, and giftedness with learning disabilities, and is now shared with families in her job as an advocate.  Mrs. Macintire has worked with children of all ages, advocating for and designing educational plans for preschoolers through high-school students.  As a former nationally certified school psychologist with Pinellas County schools, she secured services for students from within an institution marked by a lack of resources, and worked effectively with all members of various multidisciplinary teams; and, as the parent of a child with multiple disabilities, she experienced first-hand the worry and frustration of navigating the impersonal, often times seemingly indifferent special education system


F.4.1 Beginner's Guide to Building The IEP

 

Presenters:

The Brain Recovery Project:

969 Colorado Blvd, Suite 101

Los Angeles, CA 90041

Phone: +626-225-2841

 

Monika Jones, JD

mjones@brainrecoveryproject.org

 

Audrey Vernick, COPAA SEAT, COPAA Advanced Advocate Training Certificate

avernick@brainrecoveryproject.org

 

Intended Audience:

Novice

Parents/Advocate

 

Brief Session Description:

This half-day session provides the novice with a detailed overview of how to advocate for special education programs and services for children with disabilities or special healthcare needs. This step-by-step presentation includes: An overview of the IEP process; Referral Assessments and IEEs Identification Building the IEP Placement Review of the IEP Re-Evaluation.

 

Presenters’ Biography:

Monika Jones is visionary founder and CEO of The Brain Recovery Project: Childhood Epilepsy Surgery foundation. Her first son, Henry, has had ten brain surgeries - three to remove half his brain to stop catastrophic seizures; however, these surgeries paled in comparison to the struggles Ms. Jones faced with the special education process at two large California school districts. 

She is a graduate of the University of California at Los Angeles and received her juris doctorate from the University of Southern California. She practiced law for several years, both as defense trial counsel in employment matters, as well as in-house at various corporations. Although no longer practicing law, Monika was recently elected to the board of directors of the Council of Parent and Attorney Advocates. She is a founding board member of Watkins VITAL Care Program, an innovative new program that offers an educational environment for adults with moderate-to-severe autism who have aged out of the school system. She has served on the board of Portals, one of the oldest and largest mental health organizations in Los Angeles which offers mental health services in Central and South Los Angeles.


Audrey Vernick
’s first son, Bennett, had the right hemisphere of his brain removed at age two to stop catastrophic epilepsy caused by a stroke before birth. Today, he is seizure-free and in a non-public high school for children with learning differences; however, the path to getting him into an appropriate educational placement was excruciating. This experience drove Audrey to fully understand the IEP process and her son’s rights, and eventually to become a full-time parent advocate. Audrey now helps families navigate the educational system and develop IEPs for their children after brain surgery for epilepsy, providing direct advocacy and parent training via workshops, webinars, guides and presentations. Her work involves helping parents understand all areas of suspected disability, requesting assessments from their school district in all of these areas, helping the school team understand the implications of the child’s impairments in the educational setting, and helping develop parent concerns, goals, and accommodations needed for the student. She also provides training to help school teams understand post-surgical outcomes and needed supports. Audrey is an active member of COPAA and completed COPAA’s Special Education Advocate Training (SEAT) in 2016 and received the Advanced Advocate Training Certificate in 2018.


F.4.2 From Mess to Success: A Step-by-Step Approach for When, Why and How to file State

and Due Process Complaints

 

Presenters:

Marlies Spanjaard, Esq.

Director of Education Advocacy
The EdLaw Project
44 Bromfield Street, Sixth Floor
Boston, MA  02108
Office:  (617) 910-5841
Mobile:  (781) 589-4500
Fax: (617) 507-6363
Email: mspanjaard@publiccounsel.net

 

Erin O’Sullivan, Esq.

Senior Counsel
The EdLaw Project
44 Bromfield Street, Sixth Floor
Boston, MA  02108
Office:  (617) 910-5842
Mobile:  (978) 319-2046
Fax: (617) 507-6363
Email: eosullivan@publiccounsel.net

 

Intended Audience:

Novice/Intermediate

All Attendees

 

Brief Session Description:

It can be challenging and confusing to determine how to best serve your client or child when the school has violated their rights under Section 504 and the IDEA.  This session provides practical information about the differences between state and due process complaints under the IDEA and supply a step-by-step guide for when, why and how to file which type of complaint.

 

Presenters’ Biography:

Marlies Spanjaard is the Director of Education Advocacy for the Youth Advocacy Division of the Committee for Public Counsel Services, the statewide public defender agency in Massachusetts.  In this role, Marlies leads the EdLaw Project, which provides education advocacy to court-involved children and youth across the state and technical assistance and training on student rights to court-appointed attorneys representing children and youth.  Marlies joined the EdLaw Project in 2001 and gained valuable experience first working as a staff attorney directly representing students in school disciplinary hearings, special education team meetings, and administrative hearings before the Bureau of Special Education Appeals before becoming the director in 2008. As the foremost expert on the intersection of juvenile justice and education rights in Massachusetts she regularly presents to audiences of parents, youth workers, students, and lawyers in the Commonwealth and across the country.  Marlies currently serves as an adjunct professor at Boston College School of Education and has previously served as an adjunct instructor at Wheelock College in the Juvenile Justice and Youth Advocacy Department.  She earned her J.D. and her M.S.W. at Washington University Law School and George Warren Brown School of Social Work in St. Louis, Missouri.

 

Erin Hehn O’Sullivan started with the EdLaw Project in April 2017.  As Senior Counsel at the EdLaw Project, Erin has represented students in both special education and school discipline matters.  She mentors’ attorneys who represent kids in child welfare law, juvenile justice and education law and is a member of various statewide councils, task forces and coalitions.  She also works closely with the Massachusetts State Education Agency on various systemic issues as part of a small, statewide task force.  Prior to coming to EdLaw, Erin was a Staff Attorney at the Disability Law Center where she represented people with disabilities in a variety of matters but focusing on special education where she represented students and led trainings for attorneys, parents, doctors and other service providers.  She also conducted investigations of schools for abuse and neglect of students with disabilities and monitored community residences for adults with developmental disabilities.  Prior to working at the Disability Law Center, Erin worked as a Trial Attorney at the Children and Family Law (CAFL) Division of the Committee for Public Counsel Services in Worcester, MA.  While at CAFL, she represented children and parents involved in the juvenile court either through the child welfare system or through Child Requiring Assistance (CRA) Petitions.  She currently serves on the Juvenile and Child Welfare Section Council with the Massachusetts Bar Association and is admitted to practice in Massachusetts and before the Federal District Court for the District of Massachusetts.  Erin earned her J.D. from Villanova University School of Law and her B.A. in History from College of the Holy Cross.

Membership Management Software Powered by YourMembership  ::  Legal