Audio CD + Course Book

IEP and 504 Plan Legal Workshop

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: IEP and 504 Plan Legal Workshop, held December 2017.

Program Description

IEPs and 504 plans are essential tools to ensure positive learning outcomes for many students. They also have the potential to cause legal issues for schools if they aren't properly planned and carried out. Get a comprehensive overview of legal liabilities in IEPs and 504 plans from our experienced faculty. Take away valuable information you can use to spot potential issues in your school's IEP and 504 plan process. Order today!

Course Content

  1. IDEA or Section 504? Determining Eligibility Under Both Laws
  2. Developing and Implementing 504 Plans: Ensuring a Level Playing Field
  3. The IEP Development Process: Handling Difficult Issues
  4. Key Considerations for Implementing IEPs
  5. Functional Behavioral Assessments (FBAs), and Behavior Intervention Plans (BIPs): Ensuring Best Practices
  6. Discipline and Expulsion Essentials Under IDEA and Section 504

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 12/13/2019

* denotes specialty credits

Agenda / Content Covered

  1. IDEA or Section 504? Determining Eligibility Under Both Laws
    9:00 - 10:00, Written by Kathleen M. Loyer. Presented by M. Prudence Hutton in Bakersfield and Visalia, and Kathleen M. Loyer in Ventura.
    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, Written by M. Prudence Hutton and Cherylee Shaar. Presented by M. Prudence Hutton in Bakersfield and Visalia, and Cherylee Shaar in Ventura.
    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, Written by James Victor Kosnett. Presented by Scott B. Ayers in Bakersfield and Visalia, and James Victor Kosnett in Ventura.
    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, Written by James Victor Kosnett. Presented by Scott B. Ayers in Bakersfield and Visalia, and James Victor Kosnett in Ventura.
    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, Written by Darren Bogié and Alison Saros. Presented by Darren Bogié in Bakersfield and Visalia, and Alison Saros in Ventura.
    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, Written by Darren Bogié. Presented by Darren Bogié in Bakersfield and Visalia, and TBD in Ventura.
    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 Education

SCOTT B. AYERS has been in practice for more than 14 years. Mr. Ayers is an advocate for the rights of special education students, negotiating and litigating on behalf of students. He also practices in estate planning, including creating trusts, special needs trusts, wills, durable powers of attorney and medical directives. Mr. Ayers has experience in formation and maintenance of businesses, including limited liability corporations as well as non-profit entities. He has constructed and analyzed contracts for record labels and documentary films. Mr. Ayers earned his undergraduate degree from Washington & Lee and his J.D. degree from Pepperdine University School of Law. (Bakersfield and Visalia locations)

DARREN BOGIÉ is an attorney with Schools Legal Service (SLS), where he coordinates the work of the special education practice group. In that role he advises and represents school districts, SELPAs and County Offices of Education in all aspects of special education law. Mr. Bogié is currently one of the most active trial attorneys representing school districts in administrative proceedings. During the 2015-2016 fiscal year, he defended school districts in over 5 percent of the due process hearings held throughout California. Mr. Bogié has assisted and advised clients in the development of policies related to search and serve, assessments, and educational related mental health services. He joined SLS from private practice in Sacramento focusing on civil litigation, and has experience in advising and defending both public and private sector clients. Mr. Bogié is a former adjunct faculty member at CSU Sacramento, deputy county counsel, special assistant in the United States Attorney, and JAG Corps Trial Defense Counsel. He is a member of the California State Bar, the Federal Bar Association, the California Council of School Attorneys and the Kern County Bar Association. Mr. Bogié earned his bachelor’s degree from California State University, Chico and his Juris Doctor degree, with distinction, from University of the Pacific’s McGeorge School of Law. (Bakersfield and Visalia locations)

M. PRUDENCE HUTTON is a special education attorney servicing the Fresno/Central Valley of California and the San Francisco Bay Area. Her practice for the last 15 years includes special education representation of students with a focus on dispute resolution, mediation, fact finding, investigation, settlement counsel, and consultation. Ms. Hutton lectures at local universities, parent organizations and non-profits including a presentation to the Council of Parent Attorneys and Advocates on “Reading Under IDEA: Defining Needs and Enforcing Rights.” Her experiences as a legal aid education law staff attorney developed a focus on training for parents and educators to build and improve early, effective and durable dispute resolution practices to foster positive educational outcomes and reduce expensive adversarial proceeding for students with disabilities and health issues. Ms. Hutton has presented twice for the Center for Appropriate Dispute Resolution in Special Education (CADRE) on “Restorative Justice: Evolving Practices for Special Education Students” and "How Apology Can Promote Exemplary Practices for Reducing Special Education Disputes” for its 6th and 5th Symposia. She earned her B.A. degree from Mary Washington College of the University of Virginia, a legal assistant certificate from Georgetown University, and her J.D. degree from Washburn University School of Law. Ms. Hutton has received ADR training at Pepperdine University Straus Institute for Dispute Resolution and Fresno Pacific University’s Center for Peace Making & Conflict Studies programs on “Restorative Discipline” and Victim Offender Reconciliation. (Bakersfield and Visalia locations)

JAMES VICTOR KOSNETT is the senior attorney of the Kosnett Law Firm in Los Angeles. Mr. Kosnett has represented students, their families, and licensed professionals throughout central and southern California since 1976. He focuses his practice in the areas of education, administrative law, and professional licensing; and his son, attorney Louis Kosnett, primarily practices civil litigation and criminal law. Mr. Kosnett's experience ranges from school hearings at every level (elementary through post-graduate), before the Office of Administrative Hearings and federal, state, and local agencies, to courts at every level (Superior to Appellate State Courts, and Federal District Courts and Circuit Courts of Appeal). He earned his B.A. degree from Yale University and his J.D. degree from the UCLA School of Law. Mr. Kosnett is a member of the State Bar of California, and the Los Angeles County and Beverly Hills bar associations. (Ventura location)

KATHLEEN M. LOYER is with the Law Offices of Kathleen M. Loyer, Inc. Since 1997, Ms. Loyer’s practice has been focused primarily in the areas of special education (the Individuals with Disabilities Act (IDEA), Section 504 of the Rehabilitation Act and the Americans with Disability Act (ADA). She also handles issues related to general education, civil rights and disability law. This includes representing children and their parents in special education due process hearings, disciplinary actions, mediations, and all levels of negotiations and litigation regarding educational issues, as well as appellate reviews in Federal District Court and the U.S. Court of Appeals for the Ninth Circuit. She was an original member of the Orange County Juvenile Court Educational Attorney Panel handling educational matters for minors involved in the juvenile court system. On occasion, her cases have received coverage in local major media outlets, such as the Los Angeles Times, the Orange County Register, PBS, as well as a national TV magazine. Ms. Loyer has been a presenter at trainings for the California Department of Education, California Office of Administrative Hearings (OAH) ALJ trainings, for the Orange County Juvenile Court bench, the OC SSA, Probation Department and court staff, and is a frequent speaker at various parent support group events and national seminars. Ms. Loyer is a member of the U.S. Supreme Court Bar. (Ventura location)

ALISON SAROS is an attorney and founder of Saros Law and Educational Consulting, combining her prior career as a prosecutor with her experience working in public school systems for the last 5 years as a teacher and school counselor. She serves the South Bay and Greater Los Angeles in the areas of educational law, civil rights, criminal defense and family law. Ms. Saros earned her B.A. degree from Michigan State University and her J.D. degree from Southwestern University School of Law. She spent the first 16 years of her career prosecuting criminal cases as a Los Angeles County deputy district attorney. Ms. Saros also worked for several years as an adjunct professor of law teaching criminal-law-in-practice at Southwestern University School of Law and teaching and training fellow deputy district attorneys and law enforcement, primarily on constitutional issues. With a desire to help children in the school system, Ms. Saros switched directions. She obtained teaching credentials, worked as a teacher and simultaneously returned to graduate school to pursue a Master’s in School Counseling from LMU. (Ventura location)

CHERYLEE SHAAR is an attorney with Shaar Legal Group, in Irvine. Ms. Shaar has more than 17 years of legal experience practicing in the areas of dependency, delinquency and special education law. She is a member of the State Bar of California and director of the Mariners Church Legal Ministry. Ms. Shaar earned her B.A. degree from Colorado State University and her J.D. degree from the University of Denver Sturm College of Law. (Ventura location)

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Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 0.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

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