2009 Breakout Sessions

Saturday, March 7, 2009

Breakout Session I  -  10:30 am – 11:45 am

1. A Method to the Madness: Deciphering Methodology Under the IDEA
This session will explore common issues that arise when educational methodology is in dispute.  Participants will be given an overview of the body of law related to IDEA methodology, focusing on how the deference typically granted to school districts’ choice of methodology factors in when other rights and obligations are involved.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Carolina Watts, Esq. and Mandy S.L. Favaloro, Esq.

2. Effective Transition Planning for Successful Outcomes
This session will focus on assessments, goal writing, and developing a fuller understanding of and strategies for creation of transition plans.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Charles P. Fox, Esq.

3. Special Planning for Families of Children with Disabilities
This presentation provides participants with an overview of estate planning for families of children with special needs.  Topics include discussion of special needs trusts, health care proxies, living wills, powers of attorney, and HIPAA releases.  Also addressed are guardianship issues, the need for an adequate life care plan, and the importance of a letter of intent. The presentation also includes a discussion of the ways life insurance may be used to fund the special needs trust.
Audience: Attorneys
Experience Level: Novice
Presenters: Bernard A. Krooks/Littman Krooks LLP and Adrienne J. Arkontaky/Littman Krooks LLP

4. Getting Paid for Kicking Butt
A comprehensive review of the law regarding the recovery of IDEA attorneys’ fees, including practical tips for writing time entries and the mechanics of filing for fees.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Alice K. Nelson, Esq. and Jodi Siegel, Esq.

5. Medicaid in the Schools:  Accessing Federal Funding for Necessary Services
An overview of Medicaid and how Medicaid funding can be used to supplement what schools are required to provide under IDEA.  Includes a review of recent litigation using  EPSDT under Medicaid as a payment source for ABA services.
Audience: All Attendees
Experience Level: Novice
Presenters: Franklin J. Hickman

6. Strategies for Systemic Reform:  A Practical Approach for Obtaining Systemic Relief
Discussion of various strategies used by attorneys from the Protection and Advocacy, Inc. to obtain systemic relief for students with disabilities who exhibit severe behavior.  This session seeks to provide specific guidance to attendees who are looking to organize for purposes of filing class complaints.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Candis Watson Bowles, Esq. and Jennifer Williams, Esq.

7. When Worlds Collide: Impact of LRE
A special education attorney and a neuropsychologist describe the essential issues surrounding Least Restrictive Environment (LRE) and its impact on the social and emotional development of children with special needs.  The talk covers the regulations, case law, and assessment issues related to LRE.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Ann Simun, Psy.D. and N. Jane DuBovy, M.A., J.D.

8. Litigating Damages Claims for the Special Needs Child
This session will be a roundtable discussion for attorneys to share experiences and insights on litigating topics such as physical/sexual abuse, peer-to-peer harassment/injury, injuries during restraints/discipline, general negligence, etc.  The topics include administrative exhaustion issues (with a case law review), using due process to develop evidence for the federal case, use of experts to get beyond immunity, use of state and federal complaint mechanisms, pleadings (causes of action, dealing with limitations, ADA, 504), viability of 1983 claims (with a case law review),  state claims, use of publicity, and more.
Audience: Attorneys
Experience Level: Intermediate/Advanced
Presenters: Marty Cirkel, Esq.

Saturday, March 7, 2009

Breakout Session II -  2:45 pm – 4:00 pm

9. End Abuse of Children with Disabilities in our Nation’s Schools
COPAA is concerned about the use of restraints, seclusion, and aversive interventions as part of educational programs for children with disabilities. Restraints, seclusion, and aversive interventions are neither educational nor effective. Instead, their harms and dangers are well-documented. Inappropriately used, they amount to child abuse. This session includes discussion of COPAA’s  Declaration of Principles and other elements of COPAA’s ongoing initiative to prevent the use of restraints and aversive interventions on children.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Denise Marshall, M.S., Jessica Butler, Esq., and Leslie Sied Margolis, Esq.

10. Needing More Than “Doing Well”: Dramatic Strategies, Objective Success
What does “progress” mean?  How can you be sure your child is progressing?  This presentation will focus on giving you real strategies to make sure your child’s IEP keeps you in the loop and your child moving forward.
Audience: Advocates and Parents
Experience Level: Novice
Presenters: Philip Carter Strother, Esq. and Audrey J. Burges, Esq.

11. Supplementing the Administrative Record on Appeal:  Strategies and Pitfalls
IDEA indicates that courts shall receive the administrative record and hear additional evidence at a party's request, but this directive is not automatic.  Explore case law regarding types of supplemental evidence and strategies for admission in IDEA appeals.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Courtney N. Stillman, Esq.

12. The Whens, Whys, Hows and How Longs of IEEs
This session will provide an overview of the requirements under the IDEA for obtaining an Independent Education Evaluation (IEE).  We will explore the statutes, OSEP interpretations, case law in various circuits, and policy considerations to delve into the issues related to IEEs.  The presentation will include interactive discussion about how to pursue an IEE and how the district should respond.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Mandy Favaloro, Esq. and Carolina D. Watts, Esq.

13. Compensatory Education: Getting Back to Even
Compensatory education is a vital remedy for students with disabilities who have been denied appropriate services over time.  This session will provide an overview of the law of compensatory education and the types of compensatory education services available.  Current case law, evidentiary issues, and settlement strategies will be discussed as well. 
Audience: All Attendees
Experience Level: Intermediate
Presenters: Dawn Smith, Esq. and Jodi Siegel, Esq.

14. Making the Most of the Attorney/Client Relationship I- for Parents
By the time parents have made the decision to hire an attorney, they are frustrated with the school district and overwhelmed by the process.  This workshop will help parents make the most of the attorney/client relationship, including helpful hints for effective communication with legal counsel to keep costs down and increase the likelihood for positive outcomes.
Audience: Advocates and Parents
Experience Level: Novice
Presenters: Dana A. Johnson, Esq. and Jennifer D. Laviano, Esq.

15. Functional Behavior Assessments:  An Introduction for Parents
Despite clearly stating a presumption in favor of positive behavior intervention methods and requiring the completion of a Functional Behavioral Assessment (FBA) for any student whose interfering behavior is determined to be a manifestation of his/her disability, the 2004 IDEA regulations are silent as to what a meaningful and valid FBA includes, and who is qualified to complete one.  What's a parent to do?  This presentation will help demystify the FBA process and prepare participants to effectively take part in an FBA process in the future.
Audience: Advocates and Parents
Experience Level: Novice
Presenters: Missy Alexander and Siobhan Ponder, LCSW, M.A.

16. Advocacy to Stop “Passive Aggressive” Discipline
This presentation provides a clear overview of IDEA’s protective provisions regarding school discipline and illustrates the creative ways that school districts illegally sidestep these provisions without obviously appearing to do so.  In this session we discuss how these “passive aggressive” tactics result in denials of FAPE, and we then outline successful strategies to combat such tactics.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Candis Watson Bowles, Esq. and  Keith Sakimura, Esq.

Saturday, March 7, 2009

Breakout Session III  - 4:15 pm -- 5:30 pm

17. Differences Among Reading Programs
Many reading programs are suggested - few are appropriate.  Fit the reading program to the child, not the child to the program. Learn the differences and make the correct choice.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Elaine Holden, Ph.D.

18. Making the Most of the Attorney/Client Relationship II - for Attorneys
The limited availability of qualified attorneys in special education often means that those who do practice in this field are overworked and therefore vulnerable to complaints from and disputes with clients.  This workshop will provide guidance and practical tools that will allow you to simultaneously protect your clients’ interests and your reputation.
Audience: Attorneys
Experience Level: Novice
Presenters: Jennifer D. Laviano, Esq. and Dana A. Jonson, Esq.

19. IDEA Reauthorization: How to Impact Congress
IDEA Reauthorization is around the corner. Come learn about hot issues and effective Congressional advocacy techniques.  We will discuss crafting messages with impact, building networks, and developing relationships with Congress. IDEA 2004 taught us it’s important for everyone—parents, advocates, and attorneys—to get involved!
Audience: Attorneys
Experience Level: Intermediate
Presenters: Jessica Butler, Esq. and Denise Marshall, M.S.

20. Nuts and Bullies:  Using Section 504 to Protect Students
This presentation will explore the legal issues related to the creation and enforcement of effective Section 504 Accommodation Plans for students with peanut and other hazardous food allergies, and the use of Section 504 to protect against chronic disability-related harassment at school, including a review of the latest court and hearing decisions in these two hot areas of anti-discrimination law.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Richard L. O'Meara, Esq. and Nicole L. Bradick

21. The Anachronism of Rowley - Using a Chisel & Stone Tablet in the Digital Age
Is the Rowley decision the seminal standard it is often made out to be, or is it more than the Supreme Court Justices bargained for? Is it still good law or an outdated standard? This session will explore the evolution of the "appropriateness" standard and provide alternative arguments and definitions of the Rowley standard.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Michele Kule-Korgood, Esq.

22. Transition:  From Law to Implementation
This is an advanced workshop that moves beyond the strengthened IDEA transition mandate to innovative strategies to implement it.  Highlights will include the legal standard for transition, case law, transition plans for college-bound students, solutions to interesting transition problems, and transition resources.  
Audience: All Attendees
Experience Level: Advanced
Presenters: Barbara J. Ebenstein, Esq.

23. Using Alternative Means to Get What the Student Needs
For many families, Due Process is simply not an option. The court system has been anything but helpful to special education kids and their families.  This presentation will discuss alternative means of asserting your student’s rights without the need for legal counsel.
Audience: Advocates and Parents
Experience Level: Intermediate
Presenters: Louis H. Geigerman and David Beinke

24. What to Expect When You’re Expecting Charges: Navigating Juvenile Justice
Navigating the disciplinary process in school is hard enough under the IDEA, but even harder when criminal charges result from the same behavior.  Where do you go from here?  This presentation will help guide your way.
Audience: All Attendees
Experience Level: Novice
Presenters: Audrey J. Burges, Esq. and Philip Carter Strother, Esq.

Sunday, March 8, 2009

Breakout Session IV  - 8:30 am -- 9:45 am

25. Advocating for the Needs of the Oral Deaf Student
Oral deaf children choose to communicate with their hearing and voice. This presentation will address common issues associated with placement and services unique to the oral deaf student.
Audience: All Attendees
Experience Level: Intermediate
Presenters: David M. Grey, Esq.

26. Tools of the Trade for the IEP Process – Basic Rights, Entitlements and Tasks to Manage All IEP Team Meetings
This presentation addresses parental rights in the IEP process; its regulation and rulings which may positively impact the position of advocates and attorneys. Rights in the planning and preparation for  IEP meeting, obtaining documents,  IEP participation, content requirements and discussion mandates, use of the meetings to review and provide timely comprehensive evaluations and IEEs, the role of parental consent, and post-IEP activities to amend, correct, or enforce IEP documents and IEP Team meeting commitments will be addressed in a practical approach. These rights will be identified with specific support for accomplishing many of the common issues which arise for the goal of full parental participation.  Materials and discussion are intended to be a checklist for IEP management of the IEP meeting process.
Audience: All Attendees
Experience Level: Novice/Intermediate
Presenters: Jon Zimring, Esq.

27. Making Mediation Magic
Learn how to make the right choices to get the most out of mediation. What is mediation supposed to look like? How can you get what you need? How can you plan an effective course of action?  This session will provide practical information and techniques for successful mediation.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Rochelle Marcus, M.Ed. and Sarah Wallerstein Koren

27. Oh, My Gosh! I Thought The School Would Take Care of That!
Designing an IEP for a child with a disability is often a best-guess attempt by the IEP Team to address all of the child’s needs. IEP Teams almost never address issues that are potentially life-threatening for the child, such as providing an evacuation plan for a child who uses a wheelchair in a multi-level school in the event of a fire.  If you were worried before about what could happen at school, you will be even more worried after you attend this presentation. However, you will also be better prepared to identify all of a child’s needs at the IEP Team meeting.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Patricia Howey  

29. Qualifying Experts in Due Process Hearings
In the wake of the Daubert decision, federal courts have established a raft of requirements to be met before a witness may render an expert opinion.  Should similar requirements be established in special education hearings?  If so, what would they look like?
Audience: Attorneys
Experience Level: Advanced
Presenters: Andrew A. Feinstein, Esq.

30. Life Planning: A Primer for Families with Special Children
Life Planning is a guide to help families plan effectively for their special needs children by introducing the Letter of Intent and the Life Planning Notebook.  These tools allow families to communicate their choices and dreams for their children on such issues as guardianship, housing, and finances.
Audience: Advocates and Parents
Experience Level: Novice
Presenters: Michael Beloff, CFP®

31. Shared Challenges, Shared Solutions:  Stakeholders' Collaborations in South Carolina
This session involves a presentation on South Carolina’s recent movement towards more collaborative efforts in handling all aspects of special education cases.  This presentation will include several case studies indicating how the referrals and exchange of information in Stakeholder’s Meetings have worked in several SC cases, and can serve as a guideline for other states to develop similar programs.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Elizabeth Robinson, Esq. and Amanda Adler, Esq.

32. There Are No IEPs in College: Transition from High School to College
The mission of the Office for Civil Rights, U.S. Department of Education, is to ensure equal access to education. An important priority is increasing access to higher education for students with disabilities.  This presentation discusses the differing rights and responsibilities of students and schools under federal laws at high school and college.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Howard Kallem, Esq. and Selena Samm Fox, Esq.

Sunday, March 8, 2009

Breakout Session V - 10:00 am – 11:15 am

33. The Road To Reality:  Autism Special Education Advocacy
“The Road To Reality: Autism Special Education Advocacy"© will strengthen the competence and confidence of parents of children with autism spectrum disorders as they advocate for their children in school.  Practical advocacy strategies and “real life” situations will help teach parents how to access the information and results they need.
Audience: Advocates and Parents
Experience Level: Intermediate
Presenters: Debra I.  Schafer

34. Cross-Examining District Experts: Slaying a Beautiful Hypothesis Using An Awful Truth
As Thomas Huxley said, “The greatest tragedy of science [is] the slaying of a beautiful hypothesis by an ugly fact.”   School district employees act as in-house experts and enjoy great deference when testifying at hearing.  This presentation discusses using cross-examination to bring out facts that disprove the “beautiful hypotheses” offered by  school district experts.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Judith Gran, Esq. and Catherine Merino Reisman, Esq.

35. Bringing FAPE to the Reservation: Representing Native American Children with Disabilities
This workshop will focus on the fundamentals of providing legal representation under the Individuals with Disabilities Education Act to Native American children with disabilities.
Audience: All Attendees
Experience Level: Novice
Presenters: Jerri Katzerman, Esq. and Debra D. Poulin, Esq.

36. Gifted Advocacy for Your 2-e Student
Many parents of twice-exceptional (2-e) students are so busy dealing with their child’s learning difficulties they don't have time to learn how to advocate for their child’s gifted strengths. This session will review the essentials of gifted education that you need to know to better advocate for the gifted side of your 2e student. Emphasis will be placed on the key resources the speaker has found to be most useful over the past ten years as she has advocated for her own gifted and 2-e children.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Marilyn Thomas, BSN

37. Reasonable Accommodations and Admissions Testing?  The Stakes are High and So is the Anxiety
Would Mel Brooks have received testing accommodations?  Students, parents, guidance counselors, disability service providers, clinicians - everyone wants to know how to apply for accommodations on the admissions and licensing exams. Why does the approach taken differ so much from that of most educational institutions? Why does the list of what’s required seem to grow weekly?  Learn from the leading attorney in this area of practice as she shares her knowledge of how the laws are interpreted by the standardized testing industry and how to secure accommodations on admissions and licensing exams.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Jo Anne Simon, Esq.

38. When a FAPE Isn't Enough
Both the IDEA and §504 require the provision of a Free Appropriate Public Education (“FAPE”). The statutes are complementary, but they address two very separate injuries, which require different explanations of FAPE.  §504, a civil rights law, offers relief from discrimination, whereas the IDEA offers relief from inappropriate educational placement, regardless of discrimination.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Jesse Foley, Esq.

39. When They Say "No!"
An effective advocate must know what to do when an IEP team refuses to draft the IEP needed by the child.  Too often the efforts of parents and advocates are stymied by a recalcitrant IEP team.  This presentation explores some essential strategies for dealing with IEP refusals.  This workshop is interactive and designed to develop effective advocacy and problem-solving skills through a case-study and inquiry process.  It covers important advocacy competencies, communications, ethics, and strategies.
Audience: All Attendees
Experience Level: Intermediate
Presenters: Mark S. Kamleter, Esq.

40. The Stay-Put Provision: The Law, the Realities, and the Strategies
 The stay-put provision prevents school districts from unilaterally changing a student’s placement during the pendency of dispute resolution proceedings. What is considered the student’s placement for purposes of stay-put? What proceedings trigger the stay-put provision? Are there exceptions to stay-put? This break-out session will cover the basics as well as the advanced nuances of the stay-put provision.  We will explore how the stay-put provision affects cases at various stages in the proceedings, review case law, and discuss strategies on how to best use the stay-put provision to your client’s benefit.
Audience: Attorneys
Experience Level: Intermediate
Presenters: Mary Broadhurst, Esq.

DISCLAIMER: COPAA does not endorse, recommend, or make representations with respect to any services, programs, medications, products, exhibitors, or treatments that may be referenced on the Web site. Reference to any program, service, treatment or therapy option is not an official endorsement by COPAA. The inclusion of any resource, link, or conference exhibitor on COPAA's web site does not imply endorsement or a recommendation.