School Law: What You Need to Know About Autism Spectrum Disorder

Agenda / Content Covered

All times are shown in Eastern time.

1. Key Laws to Know
   10:00 - 10:30, Lauren Schnitzer
   1. IDEA
   2. FAPE
   3. Section 504
   4. ADA
   5. Recent Trends
2. Evaluation and Identification of Students With ASD
   10:30 - 11:00, Eileen M. Hagerty
   1. Symptoms of Autism
   2. High-Functioning Autism (HFA): What Is It?
   3. Suspected Disability: School and Student Rights
   4. Assessment and Report: Avoiding Critical Mistakes
   5. Independent Education Evaluations (IEEs)
3. IEPs and 504 Plans: What You Need to Know
   11:15 - 12:15, Eileen M. Hagerty
   1. Differentiating 504 Plans vs. IEPs
   2. Eligibility Requirements and Challenges
   3. Conducting IEP Meetings: Legal Essentials
   4. Obtaining Consent and Working With the Parents
   5. Monitoring, Documenting, and Reporting: Ensuring Legal Best Practices
   6. Reviewing and Updating 504 Plans and IEPs
   7. Common Mistakes to Avoid
4. Issues With Bullying and Harassment
   12:15 - 1:15, Michelle Mahabirsingh
   1. Differentiating Bullying vs. Harassment
   2. School Liability Concerns
   3. Determining Whether Bullying Results in the Denial of FAPE
   4. Documentation Legal Best Practices
   5. Best Practices for Creating and Updating Bullying and Harassment Policies: With Examples
   6. Investigation and Discipline: Essential Guidelines
   7. Re-Evaluating 504 Plans and IEPs: Key Steps to Take
   8. When the Student With Autism is the Aggressor: Legal Best Practices
5. Disciplinary Issues Regarding Students With Autism
   1:45 - 2:45, Jacob S. Feldman
   1. Guidelines for Conducting Manifestation Determination Reviews (MDRs)
   2. Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs)
   3. Discipline Documentation Best Practices
   4. Physical Restraint and Seclusion - Recent Developments
   5. Disciplinary Changes in Placement
   6. Handling Disputes Over Changes in Placement
6. How to Prevent and Resolve Disputes Between Parents and Schools
   2:45 - 3:15, Kari Moneyhun
   1. How to Respond When the Parents Request a Due Process Hearing
   2. The School's Right to Request a Due Process Hearing
   3. Due Process Hearings: Procedures and Tactics
   4. Preparing for the Due Process Hearing: Legal Essentials
   5. Best Practices to Avoid Litigation
7. Case Law Update
   3:30 - 4:00, Timothy M. Mahoney
8. Legal Ethics
   4:00 - 5:00, Veronica Reed
   1. Conflicts of Interest
   2. Attorneys' Fees
   3. Confidentiality
   4. Ethical Concerns in Working With or Against Minors

Accreditation Details:

JACOB S. FELDMAN is a founding partner with Frazer & Feldman, LLP. Mr. Feldman has handled the defense of public school districts in major federal and state litigation involving civil rights, age, race, disability and sexual discrimination matters; sexual harassment complaints; and special education matters. He has handled the successful defense of dozens of impartial hearings and appeals to the SRO and federal courts on behalf of school districts. Mr. Feldman is a frequent speaker in various special education law programs. He is admitted to practice law in the state courts of New York, the United States Supreme Court, the Second Circuit and the Federal Circuit Courts of Appeals, and the Southern and Eastern District courts of New York. Since 1987, he has served public school districts as general counsel. Mr. Feldman earned his B.A. degree, cum laude, from Brooklyn College and his J.D. degree from Brooklyn Law School.

EILEEN M. HAGERTY is a partner with Kotin, Crabtree & Strong, LLP, in Boston, Massachusetts. She concentrates her practice in special education law. Ms. Hagerty represents and advises parents regarding all aspects of special education disputes, including the TEAM meeting process (evaluations, eligibility determinations, IEP development, program and placement disputes); suspension and expulsion hearings; mediation; formal due process proceedings before the Bureau of Special Education Appeals (BSEA), including discovery, negotiation, pre-hearing conferences, settlement conferences, and administrative hearings; federal district court and appellate court litigation; and attorneys' fee litigation. She represents students with all types of disabilities, including autism spectrum disorders, dyslexia and other learning disabilities, attention deficit disorders, and mental health issues. Ms. Hagerty has been named as a Massachusetts Super Lawyer in the field of education law each year. She has co-chaired Massachusetts Continuing Legal Education's Annual School Law Conference each year. Ms. Hagerty contributes case commentary to the Massachusetts Special Education Reporter and edits the Massachusetts School Law Sourcebook and Citator. She is a cum laude graduate of Harvard Law School. Ms. Hagerty participates in various public service activities, including serving as a member of the Board of Directors of a non-profit advocacy organization, Massachusetts Advocates for Children (MAC). She also serves as a member of MAC's Autism Advisory Committee. Ms. Hagerty lectures and writes frequently on topics in special education law for both legal and lay audiences.

MICHELLE MAHABIRSINGH is of counsel with Lamb & Barnosky, LLP. Ms. Mahabirsingh practices in the areas of corporate law, mergers and acquisitions, education law, and employment and labor law. She founded The Moving Minds Forward Foundation (MMFF). She has been recognized for her work in education law and compliance, school placement, discipline, IEP planning and collaborative multi-stakeholder advocacy techniques. Ms. Mahabirsingh has testified, on multiple occasions, for the New Jersey State Senate Education Committee. In addition, she has held numerous recurring lecturing engagements at Fortune 500 companies that provide access to special education law workshops as a benefit for employees who have children with special needs. Ms. Mahabirsingh currently serves on the board of the Children's Specialized Hospital of New Jersey's Center for Discovery, Innovation and Development (CDID) and is a neutral facilitator for the New York State IEP Facilitation Program where she helps resolve conflicts between school districts and parent stakeholders. She earned her B.A. degree from the University of Maryland, College Park and her J.D. degree from Fordham University School College of Law.

TIMOTHY M. MAHONEY is a partner in the law firm of Frazer & Feldman, LLP, where he practices in the areas of special education matters, including impartial hearings and appeals, and attends Section 504 and CSE meetings, student discipline, and manifestation determination hearings. Mr. Mahoney is admitted to practice in the state courts of New York, as well as the federal court in the Eastern and Southern districts of New York. He received his J.D. degree from City University School of Law and his B.A. degree from Virginia Commonwealth University.

KARI MONEYHUN is an attorney with the Lemich Law Center in Rock Springs, Wyoming. Since 2005, Ms. Moneyhun has practiced in the areas of taxation, business law, estate planning and education law. She represents Sweetwater County School District #1 in Rock Springs, Wyoming, where she works with district administrators and staff, including members of IEP and Section 504 Teams, to provide guidance, training, and legal advice in the areas of special education and student and workplace disability. She works with the Board of Trustees to review, revise and draft district-wide policies and procedures to comply with state law, the Wyoming Department of Education rules, and federal regulations. On a special project, Ms. Moneyhun provided support for another Wyoming school district undergoing an Office of Civil Rights (OCR) Review to ensure district compliance with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Ms. Moneyhun earned her B.A. degree in political science and her LL.M. degree in taxation at the University of Washington. She earned her J.D. degree at Seattle University School of Law.

VERONICA REED as the principal attorney of the Law Office of Veronica Reed, Ms. Reed is an education attorney focused on representing New York Capital District schoolchildren in all matters relating to schools: education issues, special education (IDEA), DASA bullying, school discipline, appeals, and federal litigation. She is a designated Attorney for the Child (AFC), a certified guardian ad litem, a member of the Attorney for the Child Appeals Panel, an 18-B assigned family court attorney, and a member of the NYSBA Committee on Children and the Law. Ms. Reed is admitted to practice in New York's state and federal district courts and the U.S. Court of Appeals for the Second Circuit. She assists clients with establishing an IEP or Section 504 Plan under the IDEA and Title II, pursuing complaints or appeals against a school under education law and civil rights law; ensuring children have access to a free appropriate public education (FAPE); helping teenagers resolve school suspensions, PINS, or juvenile law (JD) matters; and protecting children from bullying under DASA, ensuring that they have a safe place to learn. Ms. Reed represented education (public schools, parochial schools, and private schools), religious institutions, non-profits, and commercial clients in all phases of litigation as an attorney at Fisher & Fisher and Traub, Lieberman, Straus & Shrewsberry, LLP, in New York City. Her corporate career spans 20 years with General Electric, Kawasaki, Booz & Company, and MTA New York City Transit. Ms. Reed earned her B.A. degree from Seattle Pacific University and her J.D. degree from New York Law School. In 2005, she was admitted to practice in New York. Ms. Reed is also admitted to practice in multiple U.S. District Courts, including the U.S. Court of Appeals.

LAUREN SCHNITZER is an attorney at Lamb & Barnosky, LLP, where she concentrates her practice on education, labor and municipal law, and civil litigation. She serves as general and labor counsel to the firm's school district, BOCES and other municipal clients and as special education counsel to school districts. She also represents management in public and private sector labor and employment matters, including workplace investigations, discipline, contract negotiations and grievance arbitrations. Ms. Schnitzer represents public and private sector clients in all phases of civil litigation in state and federal court and in administrative matters, including before the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the U.S. Department of Education Office for Civil Rights, the New York State Education Department and the Occupational Safety and Health Administration. Ms. Schnitzer earned her undergraduate degrees from Binghamton University and her J.D. degree from St. John's University School of Law. Ms. Schnitzer is admitted to the New York and New Jersey bars; and the U.S. District Court, Eastern and Southern districts of New York.