IEP and 504 Plan Legal Workshop

Agenda / Content Covered

1. IDEA or Section 504? Determining Eligibility Under Both Laws
   9:00 - 10:00, Matt Cohen
   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
   10:00 - 11:00, Mary J. Rocco
   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, Mary J. Rocco
   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, J. Michael Tecson
   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, J. Michael Tecson
   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, Brian R. Bare
   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:

Brian R. Bare is a partner at Whitt Law LLC, concentrating his practice in the representation of school districts and other units of local government, including board governance, business operations, collective bargaining, contract negotiation and review, public bidding, requests for proposals, construction, real estate, personnel and employment issues, and student discipline and special education matters. Mr. Bare frequently assists with the administration and negotiation of collective bargaining agreements and the resolution of grievances and unfair labor practice charges. In 2017, he was appointed to serve on the Education Law Section Council of the Illinois State Bar Association. He earned his B.A. degree, with honors, from Northern Illinois University and his J.D. degree, cum laude, from Loyola University Chicago School of Law.

Matt Cohen is the co-founder and owner of the law firm of Matt Cohen and Associates, LLC, Mr. Cohen is well known for his work in special education law and has extensive experience in healthcare and mental health law. He is admitted to practice in Illinois. Mr. Cohen has been the principal litigator in a number of important special education cases, and is the primary or collaborating author of several amendments to the mental health and special education laws of Illinois. He has lectured nationally on a wide variety of special education topics, as well as on mental health and confidentiality law, and has authored numerous articles on these subjects. In 1997, Mr. Cohen was invited to the White House to participate in the signing ceremony for IDEA'97. He also has participated in various federal, state, and local task forces, advisory boards, and study groups. Mr. Cohen is a member of the Illinois Attorney General's Advisory Council on Disability Rights, where he chairs the Special Education Committee. He also is a founding board member of the Council of Parent Attorneys and Advocates, (COPAA), a national special education advocacy organization. Mr. Cohen is a past adjunct professor of law at Loyola University Law School. He earned his law degree from the University of Minnesota in 1981 and his B.A. degree from Grinnell College in 1977.

Mary J. Rocco is an attorney with Petrarca, Gleason, Boyle & Izzo, LLC, where she has experience with IEP compliance, 504 Plans, mediation, due process hearings, disciplinary matters, expulsion and residency hearings. Ms. Rocco earned her J.D. degree from The University of San Diego School of Law, her B.A. degree from Villanova University and obtained an M.S.W. from New York University. She is licensed to practice law in Illinois and New York. In 2007, she was the recipient of the Family Court Legal Service's Permanency Award, recognized for her outstanding dedication and hard work.

J. Michael Tecson is a shareholder with Hogan Marren Babbo & Rose, Ltd., where he has developed a diverse practice representing clients in both transactional and litigation matters. His experience in both types of practice provides a unique perspective which benefits his clients. In transactional matters, Mr. Tecson represents public and private colleges and universities, community colleges, non-profit institutions of higher education, for-profit institutions of higher education, private schools (K-8), public schools (K-12), early childhood educational institutions, and educational investors in mergers, sales and acquisitions and related educational regulatory matters. In litigation matters, Mr. Tecson represents educational institutions, healthcare clients, corporate clients, and municipal entities in various matters, including enforcement and breach of restrictive covenants, employment discrimination, civil rights violations, insurance coverage disputes, breach of contract, breach of fiduciary duty, misappropriation of trade secrets, and other commercial disputes. He also assists clients in conducting internal investigations in response to governmental regulatory claims, or responding to requests for information such as civil investigative demands. Mr. Tecson earned his B.A. degree from the University of Illinois, Champaign and his J.D. degree from William Mitchell College of Law. He is a member of the Chicago Bar Association and the American Bar Association. Mr. Tecson is admitted to practice in Illinois, U.S. Court of Appeals, Seventh Circuit and the U.S. District Court, Northern District of Illinois.