Audio CD + Course Book

Special Education Law From A to Z

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78287CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 12.00
From Event: Special Education Law From A to Z, held February 2018.

Program Description

The laws governing special education interact in confusing and sometimes contradictory ways, yet it is crucial that schools have a firm understanding of them in order to protect the rights of students and avoid legal difficulties. This comprehensive overview lays out all the legal requirements surrounding IEP development, discipline procedures, due process hearing requirements and more. It also highlights the mistakes other schools have made, so you can ensure your school properly delivers legally appropriate special education services that help students succeed - order today!

Course Content

Day 1

  1. Unravelling Free and Appropriate Public Education (FAPE) Complexities
  2. Evaluation and Eligibility for Special Education Services
  3. Developing and Implementing Defensible IEPs
  4. Fulfilling Critical Least Restrictive Environment (LRE) and Placement Decision Obligations
  5. Essential Components of a 504 Plan

Day 2

  1. Managing Behavioral Issues: Avoiding Critical Mistakes
  2. Discipline and Expulsion Essentials for Special Needs Students
  3. Manifestation Determination Reviews (MDRs)
  4. Bullying and Special Education Students
  5. Special Education Records: Handling Difficult Situations
  6. Due Process Rights: Ensuring Appropriate Practices During Disputes

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 IL - Credit Approval Expiration 02/07/2020


* denotes specialty credits

Agenda / Content Covered

Day 1

  1. Unravelling Free and Appropriate Public Education (FAPE) Complexities
    9:00 - 10:30, Courtney N. Stillman
    1. Definitions of FAPE: IDEA vs. Section 504
    2. Definitions of Disabilities Under Each Law
    3. What Services and/or Accommodations Must be Provided?
    4. Who is Protected?
    5. Q&A Session
  2. Evaluation and Eligibility for Special Education Services
    10:45 - 12:15, Courtney N. Stillman
    1. Procedural Safeguards for Parents, Students and Schools
    2. Documenting Parent Input
    3. Evaluations: Timelines, Testing and Best Practices
    4. Defensible Classroom Observations
    5. Determining Eligibility: Need for Services, Adverse Impact, etc.
    6. Q&A Session
  3. Developing and Implementing Defensible IEPs
    1:15 - 2:15, Maureen A. Lemon
    1. Team Meetings: Ensuring all Members are Present
    2. Components of a Legally Defensible IEP
    3. Implementing IEPs: Monitoring, Documenting and Reporting
    4. Amending IEPs
    5. Q&A Session
  4. Fulfilling Critical Least Restrictive Environment (LRE) and Placement Decision Obligations
    2:30 - 3:30, Lara A. Cleary
    1. LRE, Mainstreaming and Inclusion: What Must Schools Provide?
    2. Continuum of Alternate Placements
    3. Placement Decision Requirements
    4. Factors That Can and Cannot be Considered
    5. Changes in Placement: Necessary Procedures and Review
    6. Q&A Session
  5. Essential Components of a 504 Plan
    3:30 - 4:30, Maureen A. Lemon
    1. How 504 Plans Differ From IEPs
    2. Substantial Limitations and Major Life Activities: What are They?
    3. Curriculum Modification and Specially Modified Instruction
    4. Appropriate Evidence to Support 504 Plan Components
    5. Ensuring 504 Plan Accommodations are Reasonable
    6. Q&A Session

Day 2

  1. Managing Behavioral Issues: Avoiding Critical Mistakes
    9:00 - 10:00, Courtney N. Stillman
    1. Functional Behavioral Assessments (FBAs): Who Should be Involved?
    2. Creating Useful Behavioral Intervention Plans (BIPs)
    3. Handling Disagreements with Parents
    4. Restraint and Seclusion: Current Legal Perspectives
    5. Q&A Session
  2. Discipline and Expulsion Essentials for Special Needs Students
    10:00 - 11:00, Kathleen Terese and Caitlyn R. Culbertson
    1. Legal Rules Governing Removal or Expulsion
    2. Providing Services During Disciplinary Removal
    3. Handling Disciplinary Changes in Placement
    4. Multiple Suspensions and Denial of FAPE
    5. Q&A Session
  3. Manifestation Determination Reviews (MDRs)
    11:15 - 12:15, Trisha A. Olson
    1. Ensuring Proper Timelines and Procedures for MDRs
    2. Essential Documentation for MDRs
    3. Determining the Cause of Misbehaviors: Disability, Failure to Implement the IEP or Neither?
    4. Proving or Disproving Schools Followed IEPs, FBAs and BIPs
    5. Q&A Session
  4. Bullying and Special Education Students
    1:15 - 2:15, Allen Wall
    1. When is Bullying a Denial of FAPE?
    2. Moving Bullied Students to Safer Environments: Legal Considerations
    3. Addressing Bullying Through IEPs and 504 Plans
    4. Legally Appropriate School Policies and Staff Training
    5. Q&A Session
  5. Special Education Records: Handling Difficult Situations
    2:30 - 3:30, Kathleen Terese and Caitlyn R. Culbertson
    1. What Is and Isn't an Education Record: IDEA, Section 504 and FERPA
    2. Email as Education Records
    3. Who is a Parent and What can They Access? IDEA and FERPA Definitions
    4. Retaining, Amending and Destroying Educational Records
    5. Q&A Session
  6. Due Process Rights: Ensuring Appropriate Practices During Disputes
    3:30 - 4:30, Kevin B. Gordon
    1. Due Process Overview and Statutes of Limitations
    2. Notice Requirements and Timing Issues
    3. Informal Dispute Resolution: Mediation, Resolution Sessions and Negotiation
    4. How to Prepare for a Due Process Hearing
    5. Appealing Decisions
    6. Q&A Session

LARA A. CLEARY is a partner with the law firm of Hansen & Cleary LLC. Her law practice is concentrated in the areas of special education and other disability law, school law, mental health and confidentiality of information, and representation of hospitals, non-profits, schools and mental health professionals. Ms. Cleary has spent her entire professional career helping children and families. She received her law degree from DePaul University School of Law and her B.S. degree in education, summa cum laude, from the University of Missouri-Columbia. Before becoming an attorney, she was a special education teacher for the Chicago Public Schools. In 2001, Ms. Cleary founded the education law firm of Whitted and Cleary with law partner and mentor, Brooke Whitted. Ms. Cleary was honored to practice law with Mr. Whitted for 15 years prior to his passing. She is a popular speaker on the topic of special education law and was an adjunct professor at the University of Illinois College of Medicine for many years. Ms. Cleary has served on several non-profit boards and was an appointee of the Illinois State Bar Association’s Education Law Section Council. Her professional affiliations and memberships include The Family Service Center of Wilmette, former board member; Childs’ Voice School, former board member; ISBA Education Law Section Council, past apointee; and the Illinois State Bar Association.

CAITLYN R. CULBERTSON is an associate with Klein, Thorpe & Jenkins, Ltd. She received her B.A. degree from Davidson College and her J.D. degree from the University of North Caroina. Prior to joining the firm, Ms. Culbertson served as a Judicial Law Clerk in the Circuit Court of Cook County, Chancery Division. She is admitted to practice before the state of Illinois bar and the U.S. District Court for the Northern District of Illinois general bar.

KEVIN B. GORDON is a partner with the Chicago law firm of Scariano, Himes and Petrarca, Chtd., where his practice includes work in the areas of student rights, special education, school finance, construction, real estate, litigation and general school law. Mr. Gordon is a frequent speaker on student discipline, residency, privacy, and business issues. He was admitted to the State Bar of Texas in 1996, where he practiced school law before joining the firm. Mr. Gordon was admitted to practice in Illinois in 1999. He earned his B.A. degree from Vanderbilt University and his J.D. degree from Southern Methodist University. Mr. Gordon is a past member of the Executive Committee of the Illinois Council of School Attorneys (2005-2012), serving as its chairman from 2010-2012. He is a frequent speaker for the Illinois Association of School Business Officials, Illinois Association of Administrators of Special Education, and at the annual IASB/IASA/IASBO Joint Conference.

MAUREEN A. LEMON is a partner in the Naperville law firm of Ottosen Britz Kelly Cooper Gilbert & DiNolfo, Ltd., where she practices in the areas of school law, special education law, labor law, and employment law. She has 26 years of experience advising school districts and other public entities in all areas of the law. Ms. Lemon is a previous lecturer for National Business Institute in her areas of practice. She has been an adjunct professor of school law at Northern Illinois University at DeKalb, and frequently speaks on school law and special education issues to various professional and educational groups. Ms. Lemon earned her B.S. degree, with highest honors, from the University of Illinois; a B.S. degree, with highest honors, from the University of Illinois; her J.D. degree, magna cum laude, from the University of Illinois; and her M.Ed. degree in educational administration from the University of Illinois. She is a member of the National Council of School Attorneys, the Illinois Council of School Attorneys and the Illinois State Bar Association.

TRISHA A. OLSON is an attorney at Hauser Izzo, LLC, in Oak Brook. She earned her B.A. degree in English and secondary education, cum laude, from University of Illinois at Champaign-Urbana and her J.D. degree from New York Law School. Prior to attending law school, Ms. Olson was a high school English teacher and special education 1:1 aide in suburban Chicago schools. While attending law school, she clerked at a law firm representing families of students with autism; ran the Sanctuary for Families-Courtroom Advocates Program; and was a research assistant for Nadine Strossen, the then-president of the American Civil Liberties Union. Prior to joining Hauser Izzo, LLC, Ms. Olson represented parents of students with disabilities, private schools, as well as boards of education and municipalities. She also previously represented the Illinois State Board of Education as an assistant general counsel dedicated to issues of special education, homeless student education, residency, and English learner programs. Ms. Olson has served as an elected member of the Chicago Public Schools local school counsel.

COURTNEY N. STILLMAN is a partner with Hauser Izzo, LLC, where she concentrates her practice in the areas of special education and disability law. She is licensed to practice in both Illinois and Indiana. Ms. Stillman was a member of her local board of education for eleven years and president of that school board for six years. She earned her B.A. degree from Manchester College and her J.D. degree, summa cum laude, from Indiana University School of Law.

KATHLEEN TERESE is an attorney with Klein, Thorpe and Jenkins, Ltd., where she focuses her practice on general municipal law, library law, and school law, including special education matters. During law school, Ms. Terese was a member of the Elder Law Journal and an editor of the Frederick Green Moot Court team. She also was an extern for the Office of University Counsel. Prior to joining Klein, Thorpe & Jenkins, Ltd., she worked as an attorney representing school districts and special education cooperatives with a school law firm. Ms. Terese earned her J.D. degree, magna cum laude, from University of Illinois and her B.S. degree from the University of Illinois, Urbana-Champaign.

ALLEN WALL is a partner with Klein, Thorpe and Jenkins, Ltd., where he practices in the areas of general litigation, municipal, library and school law. Mr. Wall received his B.A. degree, magna cum laude, from Williams College; his master's degree in English and education from Duke University; his master's degree and Ph.D. in philosophy from Northwestern University; and his J.D. degree from the University of North Carolina - Chapel Hill School of Law. Mr. Wall is the author of numerous book reviews and articles in the areas of philosophy and education. He published "Towards the Fundamental Right and Education Quality Strategy in Illinois School Finance Litigation," that appeared in West's Education Law Reporter. Mr. Wall co-authored “Unfunded Mandates: How Current Illinois Laws Fit Into The Bigger Picture,” which was published in the Illinois ASBO Update Sprint 2013. He also co-authored IICLE chapters, “Formal Dismissal and Suspension Procedures Under Illinois Tenure Law,” and “Special Assessments, Special Service Areas, and Business Districts.”

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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

IL CLE: 12.00 Credit Approval Exp
02/07/2020
This program has been approved by the Illinois MCLE Board for 12.0 hours of recorded technology CLE credit.


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