Audio CD + Course Book

Special Education Law From A to Z

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78800CDRA

Audio + Course Book

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From Event: Special Education Law From A to Z, held April 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

Credit Hrs State Credit Approval Expiration
CLE 12.00 CT 04/17/2020
CLE 14.40 NJ 11/27/2018
CLE 14.00 NY * 04/17/2020
CLE 12.00 PA 04/17/2020

* denotes specialty credits

Agenda / Content Covered

Day 1

  1. Unravelling Free and Appropriate Public Education (FAPE) Complexities
    9:00 - 10:10, Dr. Anne M. McGinnis
    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
    10:25 - 11:40, Kate I. Reid
    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
    12:40 - 1:55, Jennifer E. Mathews
    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
    2:10 - 3:25, Dr. Anne M. McGinnis
    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
    3:25 - 4:30, Kate I. Reid
    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, Kate I. Reid
    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
    10:15 - 11:15, Dr. Matthew R. Fletcher
    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, Dr. Matthew R. Fletcher
    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, Timothy A. Collins
    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, Kate I. Reid
    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, Timothy A. Collins
    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

TIMOTHY A. COLLINS is a school attorney for the Jefferson-Lewis BOCES Office of Inter-Municipal Legal Services, where he serves as general legal counsel for 13 component school districts, the BOCES and Jefferson Community College regarding a broad array of legal matters, with a special emphasis on special education, student discipline, student disabilities and accommodations, and labor and employment. He was previously associated with O’Hara & O’Connell, P.C., where he served as a school attorney for more than a decade by representing school districts in various legal proceedings, including commissioner’s appeals, various administrative hearings and via the state and federal courts, involving issues such as the IDEA, Section 504, and discrimination complaints to the Office for Civil Rights, the Division for Human Rights and the EEOC. He is admitted to practice before all New York courts and the United States Supreme Court, and a member of numerous sections of the New York State Bar Association, as well as a variety of education related organizations. A former Marine and police officer, Mr. Collins earned his B.S. degree from Empire State College and his J.D. degree, magna cum laude, from the University at Buffalo School of Law.

DR. MATTHEW R. FLETCHER is a sole practitioner in Cayuga, New York, where he focuses on labor and employment, education law, and municipal law. He represents both public and private sector clients. Dr. Fletcher is retired from his position as in-house counsel and assistant superintendent for personnel relations for the Cayuga and Onondaga Counties Board of Cooperative Educational Services. He earned both his A.B. degree and M.A. degree from Colgate University; his Ph.D. degree from the Graduate School at Syracuse University; and his J.D. degree, cum laude, from the College of Law at Syracuse University. Dr. Fletcher is a member of the American Bar Association and the New York State Bar. He is admitted to practice in the courts of New York State, and in the U.S. District Court for the Northern District of New York.

JENNIFER E. MATHEWS is an attorney with the law firm of Ferrara Fiorenza P.C., where her practice centers on education litigation. Ms. Mathews’ experience includes representation of individuals, corporations and public entities in all aspects of civil litigation, including trials in state and federal court, appeals, hearings and alternative dispute resolution. She is admitted to practice in New York, Massachusetts, and the United States District Court for the Northern and Western Districts of New York. Ms. Mathews is a member of the New York State Bar Association, Onondaga County Bar Association, and is a past president of the Central New York Women’s Bar Association. She earned her undergraduate degree from Bates College and graduated, cum laude, from Albany Law School.

DR. ANNE M. McGINNIS, PH.D. is an attorney with Harris Beach PLLC and serves on the educational institutions industry team and practices in the labor and employment law practice group. She represents school districts at committee on special education and 504 meetings, manifestation determination hearings, and impartial hearings. Dr. McGinnis also counsels school districts in matters related to Freedom of Information Law compliance, student records and privacy, and student residency. She is a licensed psychologist in New York and a certified school psychologist in New York and Connecticut. Dr. McGinnis is a member of the New York State Bar Association and the National Association of School Psychologists. She earned both her B.A. degree, summa cum laude, and her B.Mus. degree, summa cum laude, from the University of Hartford; her J.D. degree, dean's list, from St. John’s University School of Law; and both her Ph.D. degree and her M.Ed. degree from The Pennsylvania State University.

KATE I. REID, ESQ. serves as general counsel for Ithaca City School District. As a member of the ICSD's Executive Cabinet, she advises the ICSD on a broad array of education law matters and represents the ICSD in civil litigation and administrative proceedings. Previously, Ms. Reid was associated with Bond, Schoeneck & King, PLLC, where a significant part of her practice involved representing school districts in litigation involving the New York Education Law, Individuals with Disabilities in Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973, including impartial hearings and appeals to the state review officer (SRO), appeals to the commissioner of education, investigations by the U.S. Office for Civil Rights (OCR), and related federal litigation. She has also litigated cases on behalf of school districts involving student discipline and school funding reform. Ms. Reid earned her B.A. degree, summa cum laude, from Miami University and her J.D. degree, summa cum laude, from Syracuse University 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

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

CT CLE: 12.00 Credit Approval Exp
04/17/2020
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 12.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.


NJ CLE: 14.40 Credit Approval Exp
11/27/2018
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 14.4 hours of alternative format CLE credit. Of these, 0.0 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NY CLE: 14.00 Credit Approval Exp
04/17/2020
Includes - Areas of Professional Practice: 14.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 14.0 credit hours. 14.0 hours can be applied to the areas of professional practice requirement and is approved for newly admitted and experienced attorneys.


PA CLE: 12.00 Credit Approval Exp
04/17/2020
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 12.0 hours of distance learning credit, including 12.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


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Mail: NBI
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