Audio CD + Course Book

IEP and 504 Plan Legal Workshop

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78922CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: IEP and 504 Plan Legal Workshop, held May 2018.

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. The IEP Development Process: Handling Difficult Issues
  3. Key Considerations for Implementing IEPs
  4. Developing and Implementing 504 Plans: Ensuring a Level Playing Field
  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 05/01/2020


* denotes specialty credits

Agenda / Content Covered

  1. IDEA or Section 504? Determining Eligibility Under Both Laws
    9:00 - 10:00, Written and presented by David M. Grey in Santa Ana and Suzanne N. Snowden in Pasadena.
    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. The IEP Development Process: Handling Difficult Issues
    10:15 - 11:15, Written and presented by Linda Hemmes Griffith in Santa Ana and Melissa J. Amster in Pasadena.
    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
  3. Key Considerations for Implementing IEPs
    11:15 - 12:15, Written and presented by Linda Hemmes Griffith in Santa Ana and Melissa J. Amster in Pasadena.
    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?
  4. Developing and Implementing 504 Plans: Ensuring a Level Playing Field
    1:15 - 2:15, Written and presented by David M. Grey in Santa Ana and Sophia Bliziotis in Pasadena.
    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
  5. Functional Behavioral Assessments (FBAs), and Behavior Intervention Plans (BIPs): Ensuring Best Practices
    2:30 - 3:30, Written and presented by Tania L. Whiteleather in Santa Ana and David W. German in Pasadena.
    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 and presented by David M. Grey in Santa Ana and Pasadena.
    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

MELISSA J. AMSTER is the founder of Amster Law Firm, where she practices in special education and disability law. She represents individuals with special needs in special education and community services matters, including regional center and in-home supportive services. Ms. Amster has gained extensive experience in advocacy while advocating for her daughter, who was born with Down syndrome and a heart defect. She served as a volunteer and temporary Clients’ Right Advocate with the Office of Clients’ Rights Advocacy, Disability Rights California, where she focused on evaluating regional center eligibility, securing appropriate placements, and analyzing and giving legal advice regarding notices of action from the regional center. Ms. Amster is a member of Council of Parent Attorneys and Advocates (COPAA) and the South Bay Down Syndrome Association. She earned her B.A. degree, with honors, from the University of California, Riverside and her J.D. degree from Southern University School of Law, where she was on the dean’s list, active in the Student Bar Association and the recipient of a public interest grant. Ms. Amster was admitted to the California Bar in 2001 and is admitted to practice before all California State courts, the U.S. District Court and Bankruptcy Court. (Pasadena location)

SOPHIA BLIZIOTIS is an attorney with Newman Aaronson Vanaman LLP, where she practices in the area of special education law. She is received her undergraduate degree from U.C. Berkeley and her J.D. degree from Southwestern Law School. (Pasadena location)

DAVID W. GERMAN is an attorney with Newman Aaronson Vanaman LLP, where he represents individuals and families in a broad range of disability rights and education matters. A substantial part of his practice involves appellate litigation. He received his undergraduate degree from the University of Pennsylvania; and his J.D., M.A., and Ph.D. degrees from the University of Southern California. During law school, Mr. German participated in the Children’s Legal Issues Clinic. He also served as a judicial extern for both the Honorable Margaret M. Morrow of the U.S. District Court for the Central District of California and the Honorable Stephen Reinhardt of the U.S. Court of Appeals for the Ninth Circuit. Mr. German received USC Law’s Edward and Eleanor Shattuck Award, the USC Public Interest Law Foundation Student of the Year Award, and the State Bar of California Wiley W. Manuel Award. He was also named a graduate fellow of the USC Center for Law, History, and Culture and served as the managing editor of the Pacific Philosophical Quarterly. After graduating from law school, Mr. German completed his Ph.D. degree in philosophy while working as a habeas corpus law clerk for the U.S. District Court for the Central District of California. His dissertation focused on issues in professional ethics faced by attorneys whose work is dedicated to civil rights and social change. (Pasadena location)

DAVID M. GREY is a partner with the law firm of Grey & Grey, in Santa Monica. Mr. Grey is an experienced special education attorney who has successfully handled numerous due process hearings and appeals in state and federal court. A significant number of his cases involve those in danger of being seriously hurt if not properly served by the school. He has a growing interest in using civil rights laws to obtain injunctive relief and damages beyond what is provided for under IDEA. Mr. Grey has recovered more than two million dollars from schools that have violated the civil rights of students with disabilities to an education. Most recently he was successful in convincing the Ninth Circuit Court of Appeals to reverse summary judgment against two of his clients in K.M. ex rel. Bright v. Tustin Unified School Dist, 725 F.3d 1088 (9th Cir. 2013)(cert. denied). The Ninth Circuit made clear that compliance with IDEA does not foreclose rights available under the Americans with Disabilities Act. (Santa Ana and Pasadena locations)

LINDA HEMMES GRIFFITH is a solo practitioner in Sun Valley. She is a member of the State Bar of California (member, Law Practice Management, Solo & Small Firm and Public Law sections). Ms. Griffith earned her undergraduate degree from Eastern College and her J.D. degree from Chapman University. (Santa Ana location)

SUZANNE N. SNOWDEN is a partner with SJM Law Group. She dedicates her career to representing children with disabilities and their families. Ms. Snowden has extensive trial experience in administrative proceedings. Ms. Snowden currently practices before the Office of Administrative Hearings, the United States District Court, and the Ninth Circuit Court of Appeals representing families with special needs children in educational actions involving the Individuals with Disabilities Improvement in Education Act (IDEA), the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973. Ms. Snowden also provides informational seminars on special education to parent groups and interested parties. She was lieutenant governor for the American Bar Association Law School Division. Ms. Snowden was also awarded the State Bar of California’s Wiley W. Manual Award for her work in public interest, was named in the Who’s Who in American Law Student, and received The Outstanding Academic Achievement Award. She earned her B.A. degree from University of California, Los Angeles and her J.D. degree from Southwestern University School of Law. (Pasadena location)

TANIA L. WHITELEATHER is the principle of the Tania L. Whiteleather Law Offices, in Lakewood. Since 1989, she has practiced in the areas of special education law, family law, probate, and estate planning. Ms. Whiteleather earned her B.A. degree from California State University at Long Beach and her J.D. degree from Western State University School of Law. (Santa Ana location)

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Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
05/01/2020
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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