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

  • GA 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 GA - Credit Approval Expiration 12/11/2018

* denotes specialty credits

Agenda / Content Covered

  1. IDEA or Section 504? Determining Eligibility Under Both Laws
    9:00 - 10:00, Torin D. Togut
    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, Rachel Platt
    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, Rachel Platt
    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, Audrey Bergeson
    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, Torin D. Togut
    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, Audrey Bergeson
    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

AUDREY BERGESON is an attorney at Smith & Lake, LLC, where she practices family law. Ms. Bergeson has experience in divorce, child custody, legitimation and paternity, adoption, domestic violence and protective orders, and is a trained guardian ad litem. Prior to joining Smith & Lake, she was a pro bono fellow in the Atlanta office of a large international law firm. An honor graduate of University of Southern California, Los Angeles, Ms. Bergeson received an undergraduate degree in communication. She is an honor graduate of the Emory University School of Law where she awarded the Custer-Tuggle Award for Excellence in family law by the Georgia Chapter of the American Academy of Matrimonial Lawyers. Ms. Bergeson is a member of the Young Lawyers Division of the State Bar of Georgia and serves as the co-chair of the YLD's Signature Fundraiser Committee, in addition to being elected for the 2016 class of the YLD Leadership Academy. She is also a member of the Atlanta, DeKalb and Sandy Springs bar associations. In 2017, Ms. Bergeson was named a Super Lawyer® Rising Star.

RACHEL PLATT is an attorney and founding member at The Platt Law Firm, in Atlanta, Georgia, where she specializes in divorce, child custody, child support, modifications, contempt, adoptions, paternity and legitimation, and special education law. Ms. Platt is an active member of the Georgia Association for Women Lawyers (past president), the State Bar of Georgia, and the Atlanta (co-chair "Beyond the Bar" and Family Law sections) and American (Family Law Section) bar associations. She is trained as a guardian ad litem and in collaborative divorce. Ms. Platt earned her B.S. degree from the University of Georgia and her J.D. degree from the University of Colorado School of Law. She was chosen as a Georgia Rising Star, 2010-2013 and a Super Lawyer for 2014, 2015 and 2016.

TORIN D. TOGUT is a sole practitioner in Lawrenceville. He has been an adjunct professor at the University of Georgia School of Law and taught special education law, as well as supervised law students in a special education practicum for the past five years. For more than 25 years, Mr. Togut worked as a public interest attorney with Georgia Legal Services Program. He is now primarily engaged in the private practice of law and concentrates on representing families of children with disabilities. Mr. Togut has extensive experience practicing law in the federal courts of Georgia and in the Eleventh Circuit Court of Appeals. His practice in federal court has focused on representation of families of children with disabilities, education law, employment discrimination, civil rights and disability litigation, and federal criminal practice. Mr. Togut is a member of the State Bar of Georgia, and the Northern, Middle and Southern districts of Georgia; the Eleventh Circuit Court of Appeals; and the U.S. Supreme Court. He is an inactive member of the State Bar of Vermont, but still a member of the Vermont Federal District Court. Mr. Togut is a frequent speaker in the areas of special education and disability law at local, regional and national workshops and conferences. He also has spoken at conferences and workshops on federal practice, civil rights litigation and legal ethics. He has published a law review article on racial disproportionality in special education, and expects to publish an article on specific learning disability eligibility, Response-to-Intervention, and Child Find. He earned his B.S. degree from Cornell University and his J.D. degree from the University of Laverne College of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890


Accreditation Details:

Continuing Legal Education

GA CLE: 6.00 Credit Approval Exp
This program is approved by the Georgia Commission on Continuing Lawyer Competency. This program may qualify for up to 6.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethical considerations.

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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