Jan. 22 - 24, 2018 - School Attorneys Conf · Jan. 22 - 24, 2018 Hilton West Palm Beach, Fla. Earn...

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Produced by Jan. 22 - 24, 2018 Hilton West Palm Beach, Fla. Earn a year’s worth of CLE credits! www.SchoolAttorneysConf.com The best place for school attorneys to get on top of the latest legal developments affecting school districts. REGISTER TODAY & save!

Transcript of Jan. 22 - 24, 2018 - School Attorneys Conf · Jan. 22 - 24, 2018 Hilton West Palm Beach, Fla. Earn...

Produced by

Jan. 22 - 24, 2018Hilton West Palm Beach, Fla.

Earn a year’s worth of CLE

credits!

www.SchoolAttorneysConf.com

The best place for school attorneys to get on top of the

latest legal developments affecting school districts.

REGISTER TODAY & save!

Major Changes in Washington: With two special education-related Supreme Court rulings in 2017, make sure you are on top of the ramifications for your clients — and find out what’s to come.

The Year in Review 2017 — And a Look Ahead: Get to the bottom of today’s top compliance concerns.

Networking Opportunities: Daily breakfasts and refreshment breaks give you invaluable face-to-face time with speakers and colleagues to discuss shared challenges and current trends.

CLEs: There’s no easier way to earn your CLE credits — a whole year’s worth in just 3 days!

Two Hours of Ethics Training

An intimate event designed by experts in special education law,

just for attorneys.

At LRP’s Special Education School Attorneys Conference, leading

education law attorneys deliver the latest insights on major issues and

challenges affecting your school district clients, along with strategies you can

use in your daily practice. And because this event is just for attorneys, you’ll

participate in frank conversations about today’s top compliance concerns.

Plus, this is the best opportunity for school attorneys to come together to

discuss the latest chatter, changes and concerns stemming from Capitol

Hill. In this ever-changing time, it’s important that you’re aware of upcoming

and recently decided cases involving issues you’ll likely face soon.

“The speakers at the School Attorneys

Conference are dynamic, and the materials

are a great resource I refer to continually.”

Tiffany Lucas, Assistant Attorney General, North Carolina Department of Justice, Raleigh

Highlights for 2018

Your best opportunity to get the inside scoop on what’s happening in Washington

Visit www.SchoolAttorneysConf.com or call 1-800-727-12272

Highlights for 2018

Conference AgendaMonday, January 227 - 8:30 a.m. Networking Breakfast

8:30 - 11:30 a.m. Pre-Conference Symposium I — Strategies and Techniques for Settling Special Education Disputes and Drafting Agreements

11:30 a.m. - 1 p.m. Lunch on your own

1 - 4 p.m. Pre-Conference Symposium II — Preparing for Life After School: The Legal Ins and Outs of IDEA Transition Planning

Tuesday, January 237 - 8:30 a.m. Networking Breakfast

8 - 10 a.m. The Year in Review 2017 and a Look Ahead to 2018

10 - 10:15 a.m. Refreshment Break

10:15 - 11:15 a.m. Ethics I — Ethical Issues in Litigating Special Education Matters

11:15 a.m. - 12:30 p.m. Prescription for Trouble: Handling Medical Issues in Special Education

12:30 - 1:45 p.m. Lunch on your own

1:45 - 3 p.m. Sticks and Stones May Break My Bones, but FAPE Will Never Desert Me

3 - 3:15 p.m. Refreshment Break

3:15 - 4:30 p.m. Addressing and Responding to Inappropriate Sexual Behaviors: Beyond Student Discipline

Wednesday, January 247 - 8:30 a.m. Networking Breakfast

8 - 9:15 a.m. Blurred Lines: The Concentric Circle Explanation of IDEA and 504 Is No More

9:15 - 9:30 a.m. Refreshment Break

9:30 - 10:45 a.m. Preparing for Progress: The IEP in a Post-Endrew F. World

10:45 - 11 a.m. Refreshment Break

11 a.m. - 12:15 p.m. Student Data Privacy in Special Education

12:15 - 1:30 p.m. Lunch on your own

1:30 - 2:30 p.m. Ethics II — Forcing a Square Peg Into a Round Hole: A Reminder That One Size Does Not Fit All

2:30 - 3:45 p.m. Building a Case for the Recovery of Attorney’s Fees

School Attorneys Advisory Board

ZVI GREISMANN, Montgomery County Board of Education, Rockville, Md.

MELINDA JACOBS, Law Office of Melinda Jacobs, Townsend, Tenn.

JOSE MARTÍN, Richards, Lindsay & Martín, LLP, Austin, Texas

KATHLEEN MEHFOUD, Reed Smith LLP, Richmond, Va.

JAN TOMSKY, Fagen Friedman & Fulfrost LLP, Oakland, Calif.

JIM WALSH, Walsh, Gallegos, Treviño, Russo & Kyle P.C., Austin, Texas

CHARLES WEATHERLY, Weatherly Law Firm, Atlanta, Ga.

JULIE WEATHERLY, Resolutions in Special Education Inc., Mobile, Ala.

GERALD ZELIN, Drummond Woodsum, Portsmouth, N.H.

Register by Oct. 26 and save $180.00! Use Promo Code ATTORNEY18 3

Tuesday, January 23Please note: Symposiums require a separate registration fee.

Monday, January 22 Pre-Conference Symposiums Strategies and Techniques for Settling Special Education Disputes and Drafting Agreements Jose Martín, Richards, Lindsay & Martín, LLP, Austin, Texas 8:30 - 11:30 a.m. Symposium I

An attorney with experience resolving hundreds of special education disputes shares his tried-and-true strategies and techniques, including using alternatives to traditional mediation formats, employing the separate caucus approach, working with clients to overcome entrenched attitudes and personalization of disputes, and preparing for the opposing party’s demands. Jose Martín will detail strategies for the presentation of counteroffers, techniques for resolving difficult issues with independent evaluations, and tactics for negotiating release terms. You’ll also learn ways you can enlist the assistance of the mediator, and address and resolve attorney’s fees claims. You’ll leave with sample settlement language and proven drafting techniques tailored to guide you through writing specific, clear and complete settlement agreements.

Preparing for Life After School: The Legal Ins and Outs of IDEA Transition Planning Teri Engler, Engler Callaway Baasten & Sraga, LLC, Oak Brook, Ill. 1 - 4 p.m. Symposium II

What does case law tell us about how hearing officers and the courts have been interpreting the IDEA’s transition-related provisions? How should you counsel your school district clients about compliance with the IDEA’s transition planning requirements in the wake of Endrew F.? Attorney Teri Engler will address these questions during this in-depth review of the legal requirements and trends in this critical and highly litigated area of special education law. She’ll take you through the most common transition-related issues involv-ing evaluation, goal-writing, services, placement/LRE, graduation and “stay-put.” She will also explain the extent to which a district must involve a participating agency in the IEP meeting, who’s responsible when a public agency fails to provide or pay for special education services, and districts’ obligations when potential employers and other entities needed for transition aren’t locally available.

The Year in Review 2017 and a Look Ahead to 2018 Melinda Jacobs, Law Office of Melinda Jacobs, Townsend, Tenn.8 - 10 a.m. This highly popular, fast-paced session offers an instructive and entertaining overview of the most important cases decided during 2017, including decisions from the U.S. Supreme Court. Melinda Jacobs will share her expert insights on the potential impact of the cases for special education practitioners and her predic-tions for hot litigation trends in 2018.

Ethical Issues in Litigating Special Education Matters Sara Hardner Leon, Powell & Leon, LLP, Austin, Texas Andrew Tatgenhorst, Powell & Leon, LLP, Austin, Texas 10:15 - 11:15 a.m. Ethics I

The Model Rules of Professional Conduct and the Federal Rules of Civil Procedure prohibit a lawyer from sub-mitting anything to a court without certifying the facts after a “reasonable inquiry.” In special education, this often means analyzing a student’s education program. Attorneys Sara Hardner Leon and Andrew Tatgenhorst will examine the scope of this duty as it relates to student documentation and consultation with education experts. Plus, you’ll hear about other ethical dilemmas unique to the field, such as whether lawyers can make judgment calls as to the reasonableness of an education program, to what extent board members should be involved in decision-making, and whether counsel should share legal analysis with IEP team members.

Visit www.SchoolAttorneysConf.com or call 1-800-727-12274

Sticks and Stones May Break My Bones, but FAPE Will Never Desert Me Karen Haase, KSB School Law, P.C., L.L.O., Lincoln, Neb. 1:45 - 3 p.m.

Blurred Lines: The Concentric Circle Explanation of IDEA and 504 Is No More Karen Haase, KSB School Law, P.C., L.L.O., Lincoln, Neb. 8 - 9:15 a.m.

Wednesday, January 24

Tuesday, January 23 (cont’d) Prescription for Trouble: Handling Medical Issues in Special Education Brandon K. Wright, Miller, Tracy, Braun, Funk & Miller, Ltd., Monticello, Ill.11:15 a.m. - 12:30 p.m.

School health services and school nursing services for chronically ill students present an increasing challenge for school districts. Brandon K. Wright will outline the framework for proper decision making by schools based upon the case law under the IDEA and Section 504 for students with high medical needs. You’ll learn who can provide these services and the common sticking points when it comes to determining what must be provided for FAPE. And, you’ll take away proactive and practical solutions to share with your clients when working with parents and medical providers.

Technology changes faster than the law, and schools are left to interpret their legal obligations using out-dated terms and processes. When technology and special education intersect, you get the call inquiring if measures need to be taken beyond those in the school’s anti-bullying policies. The response matters if the student alleges a denial of FAPE or that the school acted with deliberate indifference. Karen Haase will take a fresh look at OSERS and OCR guidance on cyberbullying. She’ll also examine state and federal litigation on the issue as well as the conflict between federal disability law and state statutes. Take back to your districts this social media expert’s advice on how to respond when a student with a disability experiences cyberbul-lying, and steps to take when the bully is a student with a Section 504 plan or IEP.

Addressing and Responding to Inappropriate Sexual Behaviors: Beyond Student Discipline William J. Zee, Barley Snyder, Lancaster, Pa. 3:15 - 4:30 p.m.

School attorneys are increasingly faced with difficult questions from schools regarding the intersection of trauma-informed education practices and legal obligations to students under Section 504 and the IDEA. Get valuable tips for effectively navigating this hot topic. William Zee will review recent cases addressing student trauma, including the P.P. v. Compton Unified School District class action, and the importance of applying trauma-informed practices when appropriately addressing individual student needs. You will receive practi-cal pointers designed to aid clients in responding to incidents involving trauma-related behaviors, as well as specific suggestions and best-practice recommendations for incorporating accommodations and supports related to student trauma histories in light of applicable legal requirements.

School attorneys often describe rights under federal disability laws using visualization such as concentric circles. They’ve long relied on Letter to McKethan and similar decisions when informing clients that districts that meet their IDEA obligations also satisfy their Section 504 obligations to students. But that explanation may no longer be accurate given recent decisions that held districts have ADA obligations to fulfill. Given the Supreme Court’s decision in Fry v. Napoleon Community Schools, it’s even clearer that districts must analyze possible services and accommodations under all three federal laws. Karen Haase will highlight areas where districts should be particularly aware of divergent obligations, such as physical access, extracurriculars and communications. Plus, she’ll provide practical responses to document compliance.

Please note: Symposiums require a separate registration fee.

5Register by Oct. 26 and save $180.00! Use Promo Code ATTORNEY18

Building a Case for the Recovery of Attorney’s Fees Sara Hardner Leon, Powell & Leon, LLP, Austin, Texas Andrew Tatgenhorst, Powell & Leon, LLP, Austin, Texas 2:30 - 3:45 p.m.

School attorneys should always be cognizant of potential attorney’s fees claims, and it’s never too early to start making a case for recovering fees from both parents and attorneys. Beginning at the administrative level, counsel can develop the appropriate counter-claims and findings of fact. Attorneys Sara Hardner Leon and Andrew Tatgenhorst will provide the framework. Analyzing recent case law, they will bring you up to speed on when a claim is considered “frivolous, unreasonable, or without foundation,” and when it’s filed for an improper purpose. You’ll leave readied with the knowledge of what amount of fees is reasonable and what activities are compensable.

© 2017 LRP Publications

After the Supreme Court’s decision in Endrew F., IEP teams need to have a renewed understanding of what it means to “reasonably calculate” what “appropriate progress” looks like for each student with a disability. And they’ll turn to you, their school attorney, for legal compliance. Brandon Wright will guide you through Endrew F. (and its progeny) and point out ways to help your clients show the substantive appropriateness of the IEP. You’ll learn tips to head off litigation that aims to test the new FAPE standard.

Wednesday, January 24 (cont’d) Preparing for Progress: The IEP in a Post-Endrew F. World Brandon K. Wright, Miller, Tracy, Braun, Funk & Miller, Ltd., Monticello, Ill.9:30 - 10:45 a.m.

Student Data Privacy in Special Education Teri Engler, Engler Callaway Baasten & Sraga, LLC, Oak Brook, Ill. 11 a.m. - 12:15 p.m.

Numerous privacy, confidentiality and security issues can be sparked when schools use computer hardware and software, mobile apps, and web- and cloud-based tools for progress monitoring and evaluation to pro-vide FAPE and to store special education student data. Attorney Teri Engler will provide an overview of current requirements for ensuring student data privacy and security — including those related to FERPA, CIPA and COPPA. Plus, you’ll learn the legal issues that arise with the implementation of technologies commonly used for evaluating, serving and storing information about students with disabilities. Come discover the elements of sound policies and procedures and of contracts with third-party online vendors to ensure that districts meet their data privacy obligations — as well as practical suggestions for school district audits of technology use in special education.

Forcing a Square Peg Into a Round Hole: A Reminder That One Size Does Not Fit All Alisia St. Florian, Murphy, Hesse, Toomey & Lehane, LLP, Quincy, Mass. 1:30 - 2:30 p.m. Ethics II

With all the procedural and substantive requirements of special education laws, it can feel like a trap for school-based teams trying to do their best with limited resources. Ethical dilemmas for IEP teams often arise, such as what to do when a district agrees to a settlement but then does not follow through or sign the agreement; how to respond when a private evaluator recommends technology the district doesn’t have available; or what to do when a parent requests services or placement but the IEP team leader says the issue needs to be discussed with the special ed director. As the attorney representing the district, you want to help your client while at the same time ensuring everyone stays within the bounds of legal requirements. Alisia St. Florian will explain the ethical obligations according to the Model Rules of Professional Conduct.

Visit www.SchoolAttorneysConf.com or call 1-800-727-12276

© 2017 LRP Publications

4 Easy Ways to Register

Print a registration form from our website, complete and submit with payment via:

Registration Criteria To encourage open dialogue and discussion, participation in this conference is limited. Registrants MUST BE ATTORNEYS who do not currently represent parties with special education interests adverse to school districts. These criteria apply only to the individual attorney and not to other attorneys in the registrant’s firm or attorneys with whom the registrant may be associ-ated. By registering for the conference, you are affirming you meet these requirements. LRP does not discriminate on the basis of sex, race, color, national origin, disability or age in admission to, or treatment or employment in, its programs and activities.

Conference & Hotel InformationHilton West Palm Beach600 Okeechobee BoulevardWest Palm Beach, FL 33401 1-877-280-0751

Hotel Rate$286 single/double + taxIncludes complimentary wireless internet in guest rooms.Group Code: ZLRPC

Registrants are responsible for making their hotel reservations. Reservations should be made in the attendee’s name. Please contact the hotel’s reservation department directly and request LRP’s School Attorneys Conference rate. A limited number of rooms are being held until January 2, 2018 or until the rooms are sold out. Please contact the hotel for deposit and cancellation policies. If you require an ADA accessible hotel room we strongly encourage you to make your hotel reservations early and communicate your needs to the hotel. Pre-Conference Symposiums (Jan. 22, 2018) Fee includes attendance at selected symposium(s), continental breakfast and one set of symposium materials.

$420Strategies and Techniques for Settling Special Education Disputes and Drafting Agreements and Preparing for Life After School: The Legal Ins and Outs of IDEA Transition Planning (Both sessions, 8:30 a.m. - 4 p.m.; lunch on your own, 11:30 a.m. - 1 p.m.)

$265 Strategies and Techniques for Settling Special Education Disputes and Drafting Agreements (Jose Martín, 8:30 - 11:30 a.m.)

$265 Preparing for Life After School: The Legal Ins and Outs of IDEA Transition Planning (Teri Engler, 1 - 4 p.m.)

Conference Registration (Jan. 23 - 24, 2018) Fee includes attendance at all sessions, networking breakfasts, refreshment breaks and one set of conference materials.

Super Early Bird

(Now - 10/26/17 )

Early Bird

(10/27 - 12/1/17)

Standard

(12/2/17 - 1/21/18)

On-site

(1/22 - 1/24/18)

$1045 $1105 $1165 $1225

Delta Air Lines® Travel Discounts of 2-10% off any applicable fare! • Valid on Delta and applicable DL codeshare flights • Applicable to U.S./Canada originating passengers • Not valid with other discounts, certificates, coupons, or promotional offers • Not all fares are eligible for use with this contract. Fare rules will determine eligibilityFor reservations, visit http://www.delta.com/air-shopping/searchFlights.action or call 800-328-1111 Mon. - Fri. 7 a.m. - 7 p.m. CT and reference the Meeting Event Code NMQLY. Please note booking fees apply for reservations made by phone.

Special NeedsPlease call 1-800-727-1227 to discuss arrangements. Please register 4 weeks prior to the conference. TTY: 561-799-6633

Cancellation PolicySubstitutions may be made at any time with no penalty. Cancellations received in writing by Dec. 22, 2017 will receive a refund minus an administrative fee of $150. Cancellations received after this date will not be refunded. Unpaid cancellations for the conference will be billed for the appropriate fee. No-show registrations will not be refunded. To request a substitution or cancellation email [email protected]. LRP Publications reserves the right to cancel the conference due to lack of registrations. In case of conference cancellation, LRP’s liability is limited to the refund of the conference registration fee only. LRP reserves the right to alter this program without prior notice. Continuing Legal EducationCLE credit for attorneys will be applied for upon request (see #2 on registration form). Contact your State Bar if you are uncertain about mandatory CLE requirements and approval criteria, or contact LRP’s CLE Coordinator at 1-800-727-1227. LRP Publications is an MCLE-approved provider for the State Bars of California, Missouri, Rhode Island and Vermont. CLE Certificates will be available at the Registration Desk on Wednesday, January 24.

Use Promo Code: ATTORNEY18

FULL DAY

Online www.SchoolAttorneysConf.com

Call 1-800-727-1227

Fax 561-622-2423

Mail School Attorneys Conference360 Hiatt Drive, Dept. 150FPalm Beach Gardens, FL 33418-4668

7Register by Oct. 26 and save $180.00! Use Promo Code ATTORNEY18

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