Agenda / Content Covered

1. IDEA or Section 504? Determining Eligibility Under Both Laws
   9:00 - 10:00, Michael J. Connolly
   
   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, Scott H. Wolpert
   
   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, Tracey Waldmann
   
   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 Measureable IEP Goals and Progress Requirements
   8. Creating a Prudent Paper Trail
4. Key Considerations for Implementing IEPs
   1:15 - 2:15, Tracey Waldmann
   
   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
   2:30 - 3:30, Nicole D. Snyder
   
   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, Nicole D. Snyder
   
   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

MICHAEL J. CONNOLLY is a shareholder at McAndrews Law Offices, P.C., and was named supervising partner of special education in 2018. With 20 years of experience, Mr. Connolly represents parents of children with special needs in a variety of education matters at administrative hearings, and state and federal court. He lectures across the state and nationally to parents, educators, and attorneys on special education and other education law related topics. Throughout his legal career, Mr. Connolly has been an active member of the Pennsylvania Bar Association’s Legal Services for Exceptional Children Committee, where he served as vice chair from 2002 through 2003 and as chair from 2003 through 2006. Mr. Connolly continues to be an active member of the Pennsylvania Bar Association and its Legal Services for Exceptional Children’s Committee. He received his B.A. degree from Thomas Moore College, followed by earning his J.D. degree, cum laude, from The District of Columbia School of Law.

NICOLE D. SNYDER is a shareholder with Latsha Davis & McKenna, P.C. Ms. Snyder is a member of the firm's education and litigation practice groups and concentrates her practice in the areas of special education law, education law, charter school law and insurance defense. She advises, represents and defends schools in complex matters litigated at the administrative and appellate levels; assists schools and organizations in developing legally compliant policies; routinely attends board meetings; trains and advises school personnel and boards; analyzes and comments upon pertinent legislation and regulatory changes; and conducts informative trainings for school personnel and school boards on a variety of legal topics including, IDEA and Section 504 adherence; confidentiality of student records; ethical issues; student discipline, truancy and behavioral support; assistance for homeless students; ESL; charter applications and renewals; and general Public School Code and Charter School Law compliance. She is admitted to practice in Pennsylvania, New Jersey, and Ohio and before the U.S. Disrict Court Eastern District of Pennsylvania, U.S. District Court Middle District of Pennsylvania, U.S. District Court Western District of Pennsylvania, and the U.S. District Court District of New Jersey. Ms. Snyder earned her B.A. degree, magna cum laude, from Villanova University and her J.D. degree from Villanova University School of Law.

TRACEY WALDMANN of counsel with Raffaele Puppio with a focus in education law and government services. Prior to joining Raffaele Puppio, from 2011 to 2015, Ms. Waldmann held a federal judicial clerkship with the Hon. Noel L. Hillman. While there, she researched and drafted opinions in all areas of federal and state law including education law, civil rights and contracts. Ms. Waldmann also assisted in settlement conferences, mediation, oral arguments, jury selection, and trials. From 2001 through 2011, she served as a litigation associate attorney in Philadelphia for Schnader Harrison Segal & Lewis LLP, where she defended national aircraft manufacturers and advised clients on federal aviation regulations. Ms. Waldmann also defended clients against Title VII discrimination suits, advised clients on government regulations and defended clients at administrative hearings, mediation, and at trial. She earned her B.A. degree from Pennsylvania State University, her M.A. degree from Temple University and her J.D. degree from Temple University Beasley School of Law. Ms. Waldmann is admitted to practice in Pennsylvania and New Jersey.

SCOTT H. WOLPERT is a partner at Timoney Knox, LLP, where he has been with the firm since 1992 and has focused on education law since 1996. He represents parents and children in all areas of special educaiton and students' rights. Mr. Wolpert believes in the mission to provide exemplary legal services to parents and children in securing appropriate legal programs and placements for children with disabilities and ensuring the protection of the rights of all students in schools. In pursuit of this mission, he provides effective, responsive and aggressive advocacy that addresses the needs and goals of the families, children and young adults he represents. Mr. Wolpert is a frequent speaker throughout Pennsylvania on issues involving special education and the protection of the rights of students in schools. He is licensed to practice in Pennsylvania and New Jersey. Mr. Wolpert also is admitted to practice before the United States Supreme Court, the U.S. Court of Appeals for the 3rd Circuit, and the U.S. District Courts for the Eastern District of Pennsylvania and New Jersey. Mr. Wolpert has extensive experience in handling legal issues involving students and schools, including claims releated to special educaiton, bullying, harassment, sexual abuse, physical abuse, compliance with federal or state laws which protect students, and discrimination occurring in schools. He earned his B.A. degree from Ursinus College where he received the Trucksess Prize for the study of law. Mr. Wolpert earned his J.D. degree from the University of Richmond School of Law.