Agenda / Content Covered

All times are shown in Eastern time.

1. Best Practices for Following IDEA Policies and Procedures
   11:00 - 12:00, Erin D. Gilsbach
   1. Review of Key Laws - IDEA, FAPE, Section 504, the ADA, etc.
   2. Following IDEA Policies and Procedures: Why It Matters
   3. MDRs: What Are They, and When Do You Need to Conduct Them?
   4. Disciplinary Change of Placement: What It Is and What Constitutes One
      1. Series of Removals
      2. Length of Removal
      3. Suspension of Transportation Services
      4. Emergency Removal
   5. Relevant Case Law
2. Strategies for Preventing and Solving Discipline Documentation Problems
   12:15 - 1:45, Erin D. Gilsbach
   1. Knowledge of Disability
      1. Parent Expresses Concern in Writing
      2. Parent Requests an Evaluation
      3. Teacher or Other Personnel Expresses Concern
   2. Were They Identified as Eligible Before the Disciplinary Infraction?
   3. Protections for Students Who Aren't Eligible for Services
   4. General Education Documentation Requirements
      1. Notice of Proposed Discipline
      2. Opportunity for Informal Hearing
   5. Special Education Documentation Requirements
      1. Prior Written Notice: What It Must Contain
      2. Procedural Safeguards
      3. Invitation to MDR Meeting
   6. MDR Meetings: Who Needs to Participate?
   7. Drafting the MDR Report: Do's and Don'ts
3. Proving - or Disproving - the Disability Caused the Student's Behavior
   2:15 - 3:00, Cathleen M. Dooley
   1. Reviewing the IEP and Implementation
   2. MDR Results and Stay-Put Placement
   3. Special Circumstances
   4. Discipline and Discrimination: What NOT to Do
   5. Examining the Evaluation Team Report (ETR) and IEP Plan
   6. What You Need to Know About FBAs and BIPs
4. Disputes Over Changes of Placement: Essential Guidelines
   3:00 - 4:00, Cathleen M. Dooley
   1. Primer on Filing State Complaints
   2. Filing Due Process Complaints: Legal Essentials
      1. Practical Guidance for Responding to Parents Who Request a Hearing
      2. Preparing for and Conducting a Hearing: What You Need to Know Now
   3. Requesting Mediation
5. Solving Complex Issues Surrounding MDRs for Special-Education Students with 504 Plans
   4:15 - 5:00, Craig D. Becker
   1. MDRs - Required Under Section 504?
   2. Change in Placement: Section 504 vs. IDEA
   3. Resolving Disputes Over Change in Placement: Legal Options Under Section 504
6. Ethical Considerations
   5:00 - 6:00, Craig D. Becker
   1. Confidentiality
   2. Conflicts of Interest
   3. Attorney's Fees

Accreditation Details:

CRAIG D. BECKER is an attorney with Craig David Becker Attorney at Law, LLC, where he practices education law and criminal defense. He also practices special education law, representing students, including special needs students, who have been denied an appropriate and effective education; as well as representing students in disciplinary actions. In addition to maintaining his own firm, Mr. Becker is of counsel to the law firm of Gerstein Grayson & Cohen, LLP. He is licensed to practice in New Jersey and Pennsylvania, as well as before the U.S. District Court for the District of New Jersey, and the U.S. District Court for the Eastern District of Pennsylvania. Mr. Becker is trustee for the Camden County Bar Association; and is a member of the Burlington County, New Jersey State, and Pennsylvania (Legal Services for Exceptional Children Committee) bar associations. He earned his J.D. degree from the University of Pennsylvania School of Law.

CATHLEEN M. DOOLEY is a partner with the law firm of Udall Shumway, where she practices in the education law section. She represents school districts and charter schools on a broad range of matters, including special education (such as 504 complaints, special education due process hearings, and IEP issues), personnel matters (such as EEOC complaints and employee disciplinary proceedings), contracts, open meeting law, and student discipline. Dr. Dooley has presented on personnel and special education issues at numerous conferences, including the AZ CEC/CASE Principals Institute, the Arizona Charter School Association Legal Week program, and the Arizona School Board Association Annual Law Conference. She is admitted to practice before Arizona state courts and the 9th Circuit Court of Appeals. Dr. Dooley is a member of the State Bar of Arizona and the Pima County Bar Association. She is also the president of the Southern Arizona Legal Aid Board of Directors. Dr. Dooley earned her Ph.D. and J.D. degrees from the University of Arizona.

ERIN D. GILSBACH is an of counsel attorney with the law firm of Steckel and Stopp in Pennsylvania and the executive director of EdLaw Interactive, an organization that provides school law training to educators and school leaders nationwide. Ms. Gilsbach is an experienced speaker at the state and national levels. She provides legal consulting services and a wide variety of school law training programs to school districts, charter schools, non-public schools, school leader organizations, educator associations, parent groups, and other organizations. In addition to special education issues, she specializes in legally-defensible policy and procedural development for schools, trending legal issues regarding technology and education, nursing and school health services, truancy prevention, child abuse prevention and mandated reporting, educator evaluation and discipline, and a variety of other school law topics. Ms. Gilsbach currently serves as the president of the PSBA Solicitor's Association and is a member of the Board of Directors of the NSBA Council of School Attorneys. She earned her J.D. degree from the Pennsylvania State University Dickinson School of Law.