Registration and Refreshments

A. The "Problem Student": Legal Issues and Trends in Emotional Disturbance
Identifications

Evaluating a “problem student” for an emotional disturbance is often a difficult and complicated process for school teams. For example, what is a “long period of time”? What is “a marked degree”? What does “adversely affects a child’s educational performance” actually mean? Is "social maladjustment" mutually exclusive? If a child can work well one-on-one but cannot work in groups, does that count for eligibility? What if a child is displaying severely abnormal behavior but is making academic progress? This session will explore these legal issues in light of federal, Pennsylvania, and New Jersey case law.

B. Section 504 vs. the IDEA: Similarities and Differences
Many professionals and parents are confused as to whether and how to address a child’s needs under Section 504 as compared to the IDEA. This session will explore the similarities and differences between the two statutes and their regulations, including eligibility requirements, evaluation issues, provision of services and accommodations, availability of remedies (including damages and expert’s fees), and procedural issues.

C. Stop & Think First…Ten Easy Ways to Get Sued
Want to end up in a due process hearing or in court?  Getting sued is not a pleasant experience for anyone.  This presentation will identify the top ten ways that it happens and some practical advice on avoiding it.  These failures of respect, communication, and competence that drive parents and probably districts to lose their minds and possibly lots of money.

D. Anti-Bullying in the Schools: Boys Will Be Boys, and Girls Will Be Girls?
Bullying in the schools is one of the hottest issues in school districts today. It crosses state lines and is part of the national discussion. Bullying particularly affects the special education population is particularly affected by bullying; either as targeted victims or as accused bullies when their behavior is perceived to be bullying in nature. Learn the roles and responsibilities of board members, school administrators, special education specialists, teachers, other staff and volunteers in addressing bullying under Pennsylvania law and under New Jersey’s recently enacted Anti-Bullying Bill of Rights Act, heralded as one of the strongest anti-bullying laws in the nation. This session will also include illustrative court decisions under the IDEA and Section 504.

E. Dispute Resolution: Getting Out of the Mud
Disputes between parents and school districts have become more complex, and fiscal constraints on districts have impeded resolution. We will focus on not only challenges facing both parties in proceeding to litigation but also creative alternatives to resolving disputes before getting there. Illustrative issues that we will discuss include: Which cases are worth fighting? When does principle override financial concerns? What are the pros/cons to fighting? What alternatives can you consider when you can’t agree on a case that should settle?

F. You’ll Know It When You see It… Or Will You?
From Rowley to current case law, court decisions have defined and applied "free appropriate public education" (FAPE) for educators and parents alike. These rulings in terms of measurable progress, meaningful educational benefit, and other formulations have helped to guide the development of IEPs and direct the determination of the least restrictive environment.  Learn what the legal elements of FAPE look like and how some recent cases are changing the way that IEP teams should write goals, implement IEPs, and determine placements. Additionally, gain new practical strategies and real-life solutions to the measurable benefit and FAPE issues that arise on both sides of the table.

Repeat of session A, B, C, D, E, and F

Lunch

G. Appropriate Autism Programming AND LRE: Not Mutually Exclusive
What are the obligations of, and limitations on providing therapy and technology for students with autism in an inclusion setting?  Historically, districts have provided many therapies, such as OT through a pull-out model, but are now doing so on a more push-in or inclusion model.  This workshop will discuss both the legal and practical implications of using more inclusionary techniques for these students, including in the use of ABA.   How to develop an appropriate and individualized program for student's on the autistic spectrum?  The program will include a discussion of the various placement options, including everything from full inclusion to private placements, for students on the autism spectrum, including whether the concept of an "autistic support" classroom even makes sense.

H. School Spirit Off and Running: Extracurricular Activities for Students with Disabilities
The issue of how and to what extent schools must afford students with disabilities access to extra-curricular activities under the IDEA, Section 504, and the ADA is a perplexing one for school administrators and parents alike. For example, what does it mean to be "otherwise qualified" for purposes of sports teams and other competitive activities? To what extent may schools and interscholastic athletic leagues apply general school eligibility rules to students with disabilities? This session will tackle these and other complexities in light of the requirements of these federal disability laws.

I. Friend Me, Follow Me: Using Social Media in Special Education
As the social media explosion infiltrates our current culture, schools are grappling with a myriad of new legal and ethical complexities associated with the emergence of this ever-growing cyber world. This session will review the legal issues and pertinent litigation related to social media use by school employees and students, including copyright, privacy, intellectual property, discrimination, and defamation issues. Session attendees will increase their understanding of the legal ramifications of social media use and misuse, thereby preventing potential legal entanglements.

J. Roles and Responsibilities of the IEP Team
Who should be at the IEP table, and what should each participant contribute to the meeting? Move beyond the basic requirements of the law to an understanding of what teachers, administrators, related service providers, parents, and attorneys can do to foster an amicable IEP process that results in an appropriate program for the child while reducing the likelihood of conflict between parents and school. A panel of experienced special education attorneys and administrators will share their experiences and strategies, for the broad range of steps including scheduling of the meeting, preparing reports, sharing data, conducting the meeting and responding to disagreements.

K. Surviving and Succeeding as a Witness in Due Process Proceedings
What are the keys to successful preparation for a witness in special education cases? What should witnesses expect regarding strategies, evidence, case-law, document review, and preparation? What types of questions can they anticipate? The Individuals with Disabilities Education Act requires public schools to provide a free, appropriate education to qualifying students with disabilities. When there is a disagreement between parents and their school district that results in a special education due process hearing, witnesses are crucial to a fair outcome. It is essential that they acquire the strategies necessary to present essential evidence clearly and accurately. This session will offer valuable tips to prepare essential witness testimony, organize and review evidence, and anticipate direct and cross examination, in due process hearings and any resulting proceedings under the IDEA.

L. Child Abuse; Current Legal Responsibilities and Effective Responses
Whether you are a parent, an educator or an attorney, do you know the signs of child abuse? Does your school have a proper policy for reporting child abuse, and does it measure up to state codes and recent litigation? Do all staff and parents know the school’s procedures for reporting child abuse? What is the current case law concerning special education children and child abuse? How can we protect and help the special education child with difficulties communicating abuse? Learn the model used by Children’s Advocacy Centers for developing a community response to child abuse and coordinating efforts for investigation, evaluation and treatment.

M. Legal Ethics and Special Education Disputes
This session is intended for attorneys, although interested others are welcome to attend. It will be a focused discussion of ethical dilemmas using a scenario-based format. This discussion will cover ethical issues that may arise in special education disputes, such as allocation of authority between attorney and client, candor to the tribunal, negotiations, zealous advocacy within the bounds of the law, and expert witnesses. This session will pay particular attention to ethical issues associated with mediation and negotiations.

Moderator:	Sarah Jane DeHaas, Ph.D., Juniata College- Huntingdon, PA
Presenter:	Thomas A. Mayes, Esq., Iowa Department of Education - Des Moines, IA

Repeat of sessions G, H, I, J, K, L, M