IEP and 504 Plan Legal Workshop

Agenda / Content Covered

1. IDEA or Section 504? Determining Eligibility Under Both Laws
   9:00 — 10:00, Tara Moffett
   1. Section 504
      1. What is a Disability Under Section 504?
      2. Major Life Activities: What do They Encompass?
      3. Substantial Limitations: What is the Bar?
      4. Impairment Determinations: What Can and Can't be Considered?
   2. The IDEA
      1. Eligibility Categories
      2. ADHD and Other Difficult-to-Place Disabilities
      3. Required Need for Specially-Designed Instruction
      4. Best Practices for Determining Eligibility
      5. IDEA-Eligible Students with Additional Medical Needs
   3. Handling Disputes with Parents over Eligibility
2. Developing and Implementing 504 Plans: Ensuring a Level Playing Field
   10:15 — 11:15, Tara Moffett
   1. Eligibility: What Should be Considered
   2. What Accommodations Should and Should not do
   3. 504 Accommodations vs. Specially Designed Instruction (and Why it Matters)
   4. Distribution of 504 Plans
   5. Avoiding Modifications
   6. Reviews and Re-Evaluations
   7. 504 Plan Red Flags to Avoid
3. The IEP Development Process: Handling Difficult Issues
   11:15 — 12:15, Jacob Feldman
   1. IDEA Evaluation Report Essentials
   2. The IEP Meeting: What if Parents Refuse to Come?
   3. Third Party Participation at IEP Meetings: Outside Agencies, Invited Guests etc.
   4. Avoiding Predetermination on IEPs
   5. Parent Recording of IEP Meetings: Can Schools Prohibit it?
   6. Ensuring the IEP Team has all Necessary Members
   7. Creating Measurable IEP Goals and Progress Requirements
   8. Creating a Prudent Paper Trail
4. Key Considerations for Implementing IEPs
   1:15 — 2:15, Jacob Feldman
   1. Who Should Receive a Copy? What Form Should it be?
   2. Teacher Training: Necessary Requirements to Ensure Successful Implementation
   3. Progress Monitoring, Documentation and Reporting
   4. What to do When IEPs Aren't Working
   5. Mid-Year Revisions
      1. Who Can Make Them?
      2. When Should They be Made?
5. Functional Behavioral Assessments (FBAs), and Behavior Intervention Plans (BIPs): Ensuring Best Practices
   2:15 — 3:15, Daniel Petigrow
   1. What IDEA Says About FBAs and BIPs
   2. Who Should be Involved in the Process?
   3. Meeting Key Evaluation Requirements
   4. How to Use the Information
   5. BIPs and Their Relation to IEPs
   6. Creating BIPs That are Useful for Staff
   7. Crisis Components and BIPs
   8. Behavior Plans and Section 504
   9. Handling Disagreements with Parents
6. Discipline and Expulsion Essentials Under IDEA and Section 504
   3:30 — 4:30, Conor Horan
   1. Providing Services During Disciplinary Removal
   2. How Manifestation Determination Reviews Apply
   3. Protections for Children not yet Eligible for Special Education and Related Services
   4. Changes in Placement
      1. Suspensions and the Ten-Day Rule
      2. Legal Rules Governing Removal or Expulsion
      3. Interim Alternative Educational Settings
   5. Other Available Remedies
   6. Multiple Suspensions and Denial of Free Appropriate Public Education

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.

CONOR C. HORAN is an attorney with the firm of Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, where he focuses his legal practice on education, special education and labor law. Mr. Horan represents school district clients in matters before the Commissioner of Education and the U.S. Department of Education’s Office of Civil Rights, as well as impartial hearings and superintendent’s hearings. He provides counsel to clients on various issues including student discipline, student residency, discrimination, immunization requirements and teacher tenure. He also represents village and town boards, as well as boards of education in various labor negotiations. Mr. Horan received his undergraduate degree from Roger Williams University and his J.D. degree from St. John’s University School of Law.

TARA L. MOFFETT is a partner with Girvin & Ferlazzo, PC, where she concentrates her practice in the area of education law with a focus on special education. She is experienced in the field of special education, including Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act. Ms. Moffett’s practice includes consultation, negotiation, mediation, litigation, and appellate work in state administrative proceedings and federal court. She provides guidance and training to school districts on general education matters such as confidentiality of student records, residency issues, bullying, and discipline. Ms. Moffett is admitted to practice before the U.S. District Court for the Southern District of New York and in the state of New York. She is an adjunct professor with Empire State College teaching business law and employment law. Ms. Moffett has also been named to the Executive Board for the New York Capital Region Special Education Task Force. She is a cum laude graduate of the State University of New York at Albany and a graduate of Albany Law School of Union University.

DANIEL PETIGROW is a partner with the law firm of Thomas, Drohan, Waxman, Petigrow & Mayle, LLP, where he devotes a substantial portion of his practice to education, special education, and labor and employment law. He has represented school district clients in various matters before the Commissioner of Education, state and federal courts, involving matters such as special education, student residency, boundary disputes and construction matters. Mr. Petigrow has taught as an adjunct professor of education law at Fordham University. He has also presented at numerous seminars and workshops focusing on a variety of legal issues affecting public education. Mr. Petigrow also represents educational clients in real estate and construction litigation, as well as tax certiorari matters. He earned his B.A. degree from Brandeis University and his J.D. degree from Fordham University School of Law.