Audio CD + Course Book

The Top Special Education Legal Mistakes (and How to Avoid Them)

Audio CD + Course Book

Copyright Date:

January, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: The Top Special Education Legal Mistakes (and How to Avoid Them), held January 2018.

Program Description

We asked. You told us the most common mistakes made on a daily basis in special education. This practical full-day course, taught by attorneys who help schools navigate the minefield of legal requirements every day, will give you the exact mechanisms you need to prevent these errors from happening at your school. You need to know the law in order to deal with complex questions that arise on a regular basis - don't miss out on this opportunity to learn not only how to spot potential legal pitfalls, but also how to tackle them head on. Order today!

Course Content

  1. Mistake #1: Improper Evaluations and Child Find Mistakes
  2. Mistake #2: Prior Written Notice (PWN) Oversights
  3. Mistake #3: The IEP Development Process and Implementation Disasters
  4. Mistake #4: IEP Design Mistakes
  5. Mistake #5 Failure to Work with Parents Properly
  6. Mistake #6 Failure to Properly Discipline a Child with a Disability

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 01/22/2020

* denotes specialty credits

Agenda / Content Covered

  1. Mistake #1: Improper Evaluations and Child Find Mistakes
    9:00 - 10:00, M. Prudence Hutton
    1. Missing Signs That Trigger a School's Child Find Obligation Under IDEA
    2. What Evaluation Testing is Needed?
    3. Overidentification of Students
    4. Why Students Need Specialized Services
    5. Inadequately Responding to Requests for IEE's
    6. IEE's - To What Degree Should an LEA Consider and/or Implement?
    7. Outside Experts/Evaluation
    8. Evaluating Students Under IDEA and Section 504
  2. Mistake #2: Prior Written Notice (PWN) Oversights
    10:15 - 11:15, Christian M. Knox
    1. Developing the PWN
    2. What is Included?
    3. Sending PWN When Required, or with Proper Notice
    4. Documenting Decisions Made by the Team
    5. Utilizing PWNs When You Should
  3. Mistake #3: The IEP Development Process and Implementation Disasters
    11:15 - 12:15, Aimellia K. Siemson
    1. Failure to Train or Implement
    2. Discussing, Considering, Responding to and Documenting Parent Concerns/Requests
    3. Inviting Correct Participants
    4. Predetermination of IEPs, Services and Placement
    5. Data Based Decision Making
    6. Providing Delivery of IEP to Parents
    7. Reviewing the IEP Annually and Accurately Tracking Progress
    8. Providing Accommodations/Services
  4. Mistake #4: IEP Design Mistakes
    1:15 - 2:15, Aimellia K. Siemson
    1. Establish/Review Meaningful and Measurable Goals
    2. Repeating IEP Goals and Objectives
    3. Refresher Training on IEPs and 504s
    4. Appropriate Triennial Evaluations
    5. What was Decided at the IEP Meeting?
    6. Including Goals in all Areas of Need
    7. Define Key Terms/Words in the IEP/504
  5. Mistake #5: Failure to Work with Parents Properly
    2:15 - 3:15, M. Prudence Hutton
    1. Managing Disagreements Between Parents
    2. Parents Requests and Making Decisions Without Parents
    3. Parental Consent - When Needed and How to Obtain
    4. Parent Fails/Refuses to Participate in IEP Meeting
    5. Does the Parent Have the Right to Record the IEP Meeting?
    6. Working with Difficult Parents?
  6. Mistake #6: Failure to Properly Discipline a Child with a Disability
    3:30 - 4:30, Christian M. Knox
    1. Conducting FBA's
    2. Developing and Following BIP's
    3. MDR Hearing Timeline
    4. Due Process for Section 504 Grievances
    5. Did Removals Result in Change of Placement?
    6. Requirements of Manifestation Hearings
    7. Convening IEP Team Meetings to Conduct Manifestation Determination
    8. Educational Placement and Services to be Provided During Suspensions, Expulsions, etc.

M. PRUDENCE HUTTON is a special education attorney servicing the Fresno/Central Valley of California and the San Francisco Bay Area and co-counsels with the Law Offices of Maureen Graves in Orange County. Her practice for the last 14 years includes special education representation of students with a focus on dispute resolution, mediation, fact finding, investigation, settlement counsel, and consultation. She lectures frequently at universities, parent organizations and non-profits, including a presentation to the Council of Parent Attorneys and Advocates on “Reading Under IDEA: Defining Needs and Enforcing Rights.” Ms. Hutton's experiences as a legal aid education law staff attorney developed a focus on training for parents and educators to build and improve early, effective and durable dispute resolution practices to foster positive educational outcomes and reduce expensive adversarial proceeding for students with disabilities and health issues. She has presented twice for the Center for Appropriate Dispute Resolution in Special Education (CADRE) on “Restorative Justice: Evolving Practices for Special Education Students” and "How Apology Can Promote Exemplary Practices for Reducing Special Education Disputes” for its 6th and 5th Symposia. Recent National Business Institute presentations have focused on 504 Plans and bullying in school of special education students. Ms. Hutton earned her B.A. degree from Mary Washington College of the University of Virginia, a legal assistant certificate from Georgetown University, and her J.D. degree from Washburn University School of Law. She has received ADR training at Pepperdine University Straus Institute for Dispute Resolution and Fresno Pacific University’s Center for Peace Making & Conflict Studies programs on “Restorative Discipline” and victim offender reconciliation.

CHRISTIAN M. KNOX is with Ruderman & Knox, LLP, and brings more than 20 years of experience in working with special needs children and practicing law. Previously, Ms. Knox served as a special education hearing officer and traveled throughout the state of California conducting administrative hearings and issuing decisions. Ms. Knox has extensive experience with abused and neglected children and previously served as a staff attorney with Sacramento Child Advocates, representing children in all areas of law, including education and emancipation. During her tenure with the Fourth Judicial District Court in Elko, Nevada, Ms. Knox served as Teen Court Judge, presiding over the first-time offender program. In 2001, Ms. Knox received the Women’s Role Model of the Year Award from the attorney general for the state of Nevada for her work with children in the foster care system. In 1993, Ms. Knox earned her J.D. degree from Western State University College of Law, where she served as a tutor for disabled students. She completed extensive undergraduate work in music therapy at Long Beach State University and holds a Bachelor’s degree in law.

AIMELLIA K. SIEMSON is a principal attorney at Ahmschen Law and visiting professor, practicing in the areas of business law, immigration law, and family law. Ms. Siemson currently manages various cases in business formation and compliance, investments, immigration benefits, and various areas of family law ranging from divorce to child custody and support. During law school in Washington D.C., she worked in the Legislative Clinic and the Juvenile and Special Education Law Clinic, which provided her with more than 1,200 hours of pro bono legal experience. Ms. Siemson is a member of the American Bar Association, State Bar of California, Sacramento County Bar Association, and Phi Alpha Delta Law Fraternity. She earned her B.A. and M.A. degrees from California State University, Fresno and her J.D. degree from the University of the District of Columbia.

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

CA CLE: 6.00 Credit Approval Exp
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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