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May 2 - 5, 2010 Disney's Coronado Springs Resort |
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2010 Agenda |
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Pre Symposium 1 Pre Symposium 1A (half day) Saturday, May 1 | 1:30 - 5 p.m. Put common IEP mistakes behind you by joining perennial Institute favorite Julie Weatherly for an examination of the top IEP errors districts make — and how to avoid them. Learn the dos and don’ts from real-world case scenarios. Pre Symposium 1B (full day) Sunday, May 2 | 9 a.m. - 4:30 p.m. Stop wasting time on IEPs that don’t get results or that get you in trouble. Learn the key steps and practical strategies for developing and implementing IDEA-compliant IEPs. Carol Kosnitsky shares the best of her IEP strategies, tools and “lessons learned” to ensure IEP teamwork, quality, measurability, follow-through and monitoring.
Pre Symposium 2 Sunday, May 2 | 9 a.m. - 4:30 p.m. You understand the IDEA and local law, but what about those issues that aren’t so clear-cut? Join Consultant Art Cernosia and Hearing Officer Deusdedi Merced for a full-day facilitated discussion of common practice hurdles hearing officers/ALJs encounter, including: identifying issues with precision and other pre-hearing responsibilities; the role of the hearing officer when encountering pro se litigants or regarding settlement and other dispute resolution processes; and whether it’s appropriate for the hearing officer, sua sponte, to seek information needed to complete the record. You’ll also get a comprehensive review and analysis of judicial decisions interpreting and guiding the IDEA’s due process hearing procedures. Pre Symposium 3 Sunday, May 2 | 9 a.m. - 4:30 p.m. Back by popular demand — and with a legal twist! Learn how to build and implement the critical components of a comprehensive autism program that will reduce parental legal challenges. You’ll walk away with real-world tips and strategies on how to evaluate your current autism program, begin a restructuring, build capacity for staff training and expertise in ABA, avoid legal pitfalls, and more. Pre Symposium 4 Sunday, May 2 | 9 a.m. - 12:30 p.m. Institute Program Chair Melinda Jacobs celebrates her 25th Anniversary in the field of special education law by sharing her “secrets of the trade.” What should you always say and do in an IEP meeting? What should you never say and do? What is the best way to handle politics, stress and legal challenges? Come ready to laugh and learn from an experienced litigator and counselor — and one of the Institute’s most popular speakers. Post Symposium 1 Wednesday, May 5 | 1:45 - 5 p.m. Guided by lessons learned from legal cases, this session provides a commonsense approach to untangling the web of laws and regulations surrounding the manifestation determination process. Learn: the steps you need to take to make manifestation determination decisions that stick; who should be involved in making them; what information you must consider; whether an assessment should be completed; how to document and defend the decision; and more. Post Symposium 2 Wednesday, May 5 | 1:45 - 5 p.m. The Achilles’ heel of RTI is fidelity. If your interventions, progress monitoring efforts and data collection processes aren’t being implemented as designed, you’ll lose everything you’ve worked for in your RTI efforts. Join consultant John McCook for strategies and tips on fidelity of process and intervention implementation. General Session The Obama administration's pick to head OSERS opens the Institute with a look at the key issues facing the field of special education as it braces for the reauthorization of the ESEA and IDEA. Ever wonder how two people can look at the same set of facts in a case and come up with two wildly different opinions about the appropriate outcome? Watch as a school attorney and parent attorney take on the case of Suzy Q, an academically bright, but socially and emotionally struggling sixth-grader diagnosed with Asperger syndrome. The attorneys will debate issues from child find and eligibility to FAPE, private placement and damage claims. With a free-wheeling moderator as the audience advocate, you’ll get unique access to the strategies and realities of autism litigation. Throw in a sampling of real-time automated audience reaction, and you have an opening general session that delivers real perspective on a contentious aspect of special education law. General Session Tuesday, May 4 | 8 - 10 a.m. Join top-notch special ed attorney Melinda Jacobs for a fast-paced and provocative review of the year’s most interesting and informative special ed legal cases. You get expert analysis and commentary on the cases, why they went to court, and how they were won and lost. Plus, you get Melinda’s predictions for litigation trends in the coming year. What cases will impact your district over the next 12 months, and why? Come to this year’s review and find out! General Session Tuesday, May 4 | 12 - 2 p.m. Join us for lunch and the 5th Annual JoLeta Reynolds Service to Special Education Awards ceremony (see page 5 for nominating information). Then enjoy the very special vocal and instrumental celebrations of the 100-student “Bear Lake Sound,” a non-auditioned musical performing group of fourth- and fifth-graders with diverse backgrounds and abilities. Led by award-winning director Dr. Artie Almeida, the Sound hails from Bear Lake Elementary School in nearby Opapka, Fla., and has appeared on the NBC Today Show. General Session Wednesday, May 5 | 8 - 9:15 a.m. Nowhere else can you get this much concise, take-it-home-and-use-it advice about special ed law and circumstances in just one hour — and all from nationally recognized professionals! Each panelist will take 60-second turns delivering compelling tips in six categories: LRE & placement, discipline, RTI, IEPs, Section 504 & the ADA, and behavior. Six experts, 60 tips — all in just 60 minutes. As hundreds of you told us after last year’s inaugural session, this high-energy panel is the perfect way to kick off the last day of sessions! Nuts & Bolts Session 1 Monday, May 3 | 10:30 a.m. - 12 p.m. Free ... Appropriate ... Public ... Education. Four words that convey the true essence of what children are entitled to under IDEA. Did you know FAPE isn’t defined in the law? Yet a long line of case law has expanded upon the basic definition of FAPE in the IDEA regulations. And no discussion of FAPE can start without an in-depth review of the seminal 1982 U.S. Supreme Court case known simply as Rowley. From there, Darcy Kriha will distill the huge body of case law that continually acts to define FAPE, with an emphasis on the concept of “basic floor of opportunity.” Nuts & Bolts Session 2 Monday, May 3 | 1:30 - 2:45 p.m. To be eligible for special education services under the IDEA, the child must have a disability and a need for special education services. Find out the logic and the law behind these core principals of eligibility. Elena Gallegos will lead you through an examination of eligibility cases and answer critical legal questions such as: How do you determine the scope of the evaluation? How important is the disability label? What does it mean that the condition must adversely affect educational performance? What is “educational need”? Sample cases help you test what you’ve learned. Nuts & Bolts Session 3 Monday, May 3 | 3:30 - 5 p.m. The IEP is the basis for all special education services. Running a successful IEP meeting and producing a legally compliant IEP document are two essential skills for any administrator. This session will focus on the steps you should take before, during and after the IEP meeting to make both the meeting and the document a success. Nancy Fredman Krent will walk you through the IEP essentials, including who should participate in the IEP meeting, the pros and cons of sending home draft documents before an IEP meeting, guidelines for drafting measurable goals, related service issues, disputes over placement, and more. Nuts & Bolts Session 4 Tuesday, May 4 | 10:45 a.m.- 12 p.m. The IDEA’s least restrictive environment requirements have been in place since 1975, but constantly emerging new technologies and practices continue to create questions and confusion about implementation. Lindsay Jones will use IDEA regulations, OSEP interpretations and recent case law to explain the legal framework for LRE and placement decisions — including a discussion about inclusion and the difference between LRE, inclusion and mainstreaming. You’ll leave with a solid understanding of the foundation of these concepts and how they apply to your job. Nuts & Bolts Session 5 Tuesday, May 4 | 2 - 3:15 p.m. Ever wonder if you can legally send notice of an IEP team meeting via e-mail? Need guidance on how to proceed when a parent requests an independent educational evaluation? Confused about when to provide prior written notice or how to handle parental revocation of consent? Federal law requires that every school district establish, maintain and implement procedural safeguards outlining the rights of students with disabilities and their parents. You will get an overview of the federally mandated procedural safeguards, when you must provide safeguards notice to parents and adult students, and practical pointers to help with compliance. Nuts & Bolts Session 6 Tuesday, May 4 | 3:45 - 5 p.m. The IDEA’s discipline regulations are complex and sometimes difficult to execute. This session will walk you through the key discipline rules you and your staff face on any given day and prepare you to lead and make decisions with confidence. From the “10-day rule” to manifestation determinations, David Hodgins will cover the most important legal requirements and discipline case law, plus practical advice and illustrations. You will leave with a solid understanding of the dos and don’ts of disciplining students with disabilities. Nuts & Bolts Session 7 Wednesday, May 5 | 9:45 - 11 a.m. In a time when the Section 504 landscape is changing, grasping the fundamentals is a prerequisite to understanding impending new obligations. From Section 504’s FAPE requirement to procedural compliance, this session gives you a clear understanding of key responsibilities, including child find, evaluations, appropriate services and discipline, among others. You’ll learn how terms such as “impairment,” “substantial limitation,” “mitigating measures,” and “major life activities” affect eligibility under Section 504. The interactive session includes a self-evaluation, case study, dialogue and practical implementation strategies. Advanced Session 1 Monday, 10:30 a.m. - 12 p.m. and 3:30 - 5 p.m. The courts have been busy addressing the issue of whether a student qualifies for IEP services. This session will provide an in-depth analysis of the latest judicial interpretations and new trends related to child find, evaluations and special education eligibility determinations, and what it all means to you. You’ll explore pre-referral procedures, the impact of RTI on eligibility decisions, and other issues shaping the basic tenets of eligibility and how you make those determinations. Advanced Session 2 Monday, 10:30 a.m. - 12 p.m. and 3:30 - 5 p.m. What can you learn from another school district’s mistakes? Plenty! Join a school district administrator and a school attorney as they show you how to balance legal requirements and case law with the reality of implementing services and programming for students with autism. Using the good, the bad and the ugly from current case law, they’ll show you the top mistakes districts make and simple strategies to help you and your staff comply. Advanced Session 3 Monday, 10:30 a.m. - 12 p.m. and 3:30 - 5 p.m. This session will address complex issues related to Section 504, such as: answering questions about the ADA Amendments Act a year after passage (think “mitigating measures”); responding to requests for accommodations, including how to use evaluation data to create appropriate Section 504 Plans when faced with what appears to be an unreasonable demand for accommodation; determining whether (and how) to accommodate the increasing number of Section 504 and IDEA students in advanced placement, honors and gifted classes; and responding to parents of nondisabled students who are hostile over accommodations for students with disabilities. Advanced Session 4 The newest addition to the IDEA regulations is more complicated than school administrators think. The regulation on revocation of consent for special education services left significant questions unanswered. Administrators risk future litigation and potential harm to students who need special education if they don’t consider what the new regulation does not explicitly address. School attorney Jose Martín explains what the regulation doesn’t and provides practical strategies for dealing with the likely fallout from revocation situations. Plus, you’ll learn how the rule affects other aspects of the IDEA, such as discipline, child find, placement and the provision of FAPE. Advanced Session 5 Monday, 10:30 a.m. - 12 p.m. and 3:30 - 5 p.m. Schools increasingly receive medical “directives” for everything from 1:1 ABA therapy to homebound instruction and eligibility determinations. Just how important are medical opinions? Can doctors make students eligible for special education and/or Section 504? Institute Program Chair Melinda Jacobs will explain how to handle medical input, refute doctors’ eligibility orders, and effectively use medical input for eligibility determinations and IEP development. Get ready for a lively, controversial and thought-provoking discussion! Advanced Session 6 Monday, 10:30 a.m. - 12 p.m. and 3:30 - 5 p.m. Many students struggle academically because of behavioral issues. Whether they are “can’t do” or “won’t do” students, behavior has become a barrier to their academic success. Learn the IDEA- and NCLB-supported RTI approach that research has shown reduces behavioral problems and leads to improved learning. You’ll learn how to: integrate behavioral intervention in your academic RTI model to improve your schoolwide and classwide positive behavioral support for all learners; develop effective and function-based behavior plans aligned with emerging research; overcome teacher resistance; establish progress monitoring of behavior plans; and more. Advanced Session 7 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. Learn the emerging legal trends concerning LRE for students with autism, and get answers to your questions about legally compliant placement decisions. Attorney and consultant Julie Weatherly examines key court and administrative decisions — including those where more restrictive settings have been upheld for students with autism. She’ll focus on the complex needs of students on the autism spectrum — including the need for intensive one-to-one instruction — and provide LRE guidance that will help your IEP teams make better placement decisions. Advanced Session 8 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. IDEA 2004 put a great emphasis on a student’s transition to post-secondary life. This session focuses on the legal requirements for transition services in the IEP. What do the regulations tell us? How have the courts interpreted these requirements? What happens if the student is not successful after high school? What kind of evaluation is needed to support a strong transition program? Get answers to these and other questions, with an emphasis on practical application and time for Q&A. Advanced Session 9 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. Participants in this session will get an up-to-date analysis of the current federal policy impacting the use of physical restraint and seclusion in schools, including OCR plans to start collecting data on school seclusion/restraint practices. Lindsay Jones analyzes key legal issues linked to the use of these controversial procedures and provides information to help you understand the rules. Together you’ll consider positive behavioral supports and safe and positive school climate, how those approaches fit into the federal policy landscape, and school implementation strategies. Advanced Session 10 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. When parents say, “You aren’t implementing our child’s IEP,” they may really mean that the IEP isn’t properly tailored to their child’s individual needs. Understanding what parents really want for their child is critical to improving parent relationships and avoiding complaints or litigation. Presented by an attorney who represents families in special education disputes, this session combines a review of relevant case law with analysis of common reasons parents become dissatisfied. Plus, you’ll get practical tips for working with parents to resolve concerns before they blow up into full-scale disputes. Advanced Session 11 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. One of the greatest challenges facing educators is providing educational opportunities in a safe and welcoming environment while procedurally addressing student behavior. Understanding and managing behavior can be perplexing, requiring time, patience and commitment. Dr. Hartwig will explore the practical requirements for addressing behavior problems. You’ll learn to refine, refocus and re-evaluate your approach to disruptive behaviors by focusing on prevention as the first response, using discipline as an opportunity to help students learn new skills and replacement behaviors, balancing process and substance, and encouraging a sense of community responsibility and problem solving. Advanced Session 12 Monday, 1:30 - 2:45 p.m. and Tuesday, 3:45 - 5 p.m. A small group of students — between 1 and 5 percent — accounts for the majority of behavior problems and disruption in schools. These students typically exhibit chronic, aggressive behavior patterns that disrupt learning and pose safety risks to classmates and teachers. Administrators eventually view a more restrictive placement as the most desirable option. But these settings are often black holes from which students never emerge. In this presentation, you’ll learn legally sound, practical guidelines for making decisions to place chronically aggressive students in restrictive settings, and an RTI-based approach to reorganize and improve delivery of services once they’re there. Advanced Session 25 Tuesday ONLY 3:45 – 5:45 p.m. Attorneys who represent school districts or parents in special education disputes often face ethical dilemmas particular to this legal field. Attorney Christopher Borreca answers your questions about ethics in this intensive, interactive session designed exclusively for attorneys. Special attention will be given to emerging settlement process issues: Do you truly have authority to speak on behalf of your clients? Does confidentiality in negotiations cloud future obligations? What happens when you learn of broken settlements? Are there special obligations in settlements involving multiple defendants, and settlements with pro se plaintiffs? Do your needs sometimes conflict with the ethical obligations you owe your clients during settlement? Hash out these and other sticky issues using real case scenarios. After-Hours Networking Tuesday, 5:30 - 6:30 p.m. Join select Institute faculty at Coronado Springs’ Rix’s Lounge for informal, facilitated discussions with your peers. This is an excellent networking opportunity for finding colleagues to support you outside your district! Advanced Session 13 Are you ready for the new focus on parental reimbursement for unilateral private school placements? The U.S. Supreme Court’s Forest Grove opinion, which granted parents an opportunity for private placement reimbursement even though the district had not previously provided services, has reshaped the debate. The ruling raises new questions about schools’ child find obligations in an RTI era that emphasizes high-quality regular education interventions before resorting to an IDEA referral. Join school attorney Jose Martín to make sense of this changing legal landscape and avoid legal challenges in these areas. Advanced Session 14 Tuesday, 10:45 a.m. - 12 p.m. and Wednesday, 9:45 - 11 a.m. Making the decision to go to due process or district court is no small matter. The financial and emotional costs can take their toll. What’s the best way to know when you should meet parents halfway? How do you know when it’s worth going to the mat? Is bluffing advisable? School attorney Darcy Kriha shows you how to make these decisions based on facts and doing the right thing, rather than emotion and pride. Advanced Session 15 Tuesday, 10:45 a.m. - 12 p.m. and Wednesday, 9:45 - 11 a.m. When is a 1:1 aide a legally required support for students with disabilities? IEP teams and courts alike are grappling with the fine points of individualized paraprofessional support in the implementation of special education programs. This session gets down to the legal who, what, when, where and why surrounding the use of 1:1 aides, including aides for students with autism. You’ll get a comprehensive analysis of the legal issues likely to spring from this related services tug-of-war, plus a review of recent court decisions. Advanced Session 16 Tuesday, 10:45 a.m. - 12 p.m. and Wednesday, 9:45 - 11 a.m. Most of us feel fairly competent in everyday communication, but our feeling of competency can desert us when the stress level rises with a parent, in an IEP meeting, in staff meetings, or other educational settings and situations. We may find ourselves thinking, “I don’t know how to respond” or “I don’t know what to say.” In this workshop, you’ll get leadership advice and learn effective ways to communicate with negative individuals, opinionated or resistant staff members, inflexible superiors, and resistant or nonresponsive peers. Advanced Session 17 Tuesday, 10:45 a.m. - 12 p.m. and Wednesday, 9:45 - 11 a.m. Are you confused when asked about “maintenance of effort” or “excess cost”? The influx of stimulus dollars has brought all of the sticky financial issues to the front burner for administrators. In order to best represent your department to the district and state, you must be familiar with the intricacies of special education finance. This session will define common terms district finance officers and accountants use. You’ll learn to calculate maintenance of effort and coordinated early intervening services, and you’ll discuss how IDEA dollars can support RTI. Advanced Session 18 Tuesday, 10:45 a.m. - 12 p.m. and Wednesday, 9:45 - 11 a.m. Advanced Session 18A | Elementary School Edition What should RTI look like for struggling elementary school readers? Find out the key components you need in place and the leadership strategies that help young readers progress. You’ll learn where to find the best interventions and how to select them, how to make sure your teachers are implementing interventions with fidelity, how to progress monitor for solid data-based decision making, and more. Advanced Session 18B | Secondary School Edition This session is similar to Session 18A, but with a focus on secondary school students. Middle and high school students are undergoing intensive subject-based instruction, but what if they can’t read at grade level? What interventions work at this level and how do you weave RTI into a full secondary school schedule? Find out from reading and dyslexia expert Denise Gibbs. Advanced Session 19 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. While IDEA began with simple goals of students with disabilities participating in public schools and a presumption of mainstream classroom participation, compliance with the LRE requirement is increasingly focused on maximum exposure to grade-level curriculum — not just attending class with nondisabled students. This session will help you understand the changing role of LRE in an NCLB world and handle the complications that arise when students with less-than-grade-level skills tackle grade-level instruction. Advanced Session 20 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. Electronic records abound in a variety of places – computers, PDAs, cell phones, e-mail, Web sites and other sources. Which ones are protected education records under FERPA? Which federal laws in addition to FERPA may cause financial woes regarding improper maintenance and deletion of records? Are school districts getting themselves in legal difficulty through their practices of sending, maintaining and/or deleting e-mail and other electronic communications? What is the district’s responsibility to safeguard e-records against hackers and unauthorized individuals accessing their online databases? Come learn the solution to every school district’s electronic nightmare. Advanced Session 21 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. While stressing their strong preference for RTI programs in IDEA, lawmakers left several important legal questions unanswered, including what components comprise an RTI model. Implementing RTI may require teacher re-training, staff evaluation for fidelity of specific teaching methods, school scheduling changes, and other issues that implicate collective bargaining and other labor concerns. Staff also want to know whether RTI can be used for behavioral and learning issues; how or whether to use RTI for a re-evaluation; RTI’s impact on child find requirements; and how to apply RTI requirements when evaluating private school students. This session will give you the answers, tips and strategies you need. Advanced Session 22 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. While educators are gaining greater awareness of the educational needs of students with Asperger syndrome, managing the behavior of AS students remains an urgent concern. Melisa Genaux will give you specific strategies for preventing problem behaviors by AS students, as well as decreasing those behaviors that have not responded to standard classroom management practices. Methods for dealing with disruption, arguing, meltdowns over changes in routine, verbal and physical aggression, work-refusal, and a broad range of social skills issues will be covered. Advanced Session 23 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. Neither the IDEA nor its implementing regulations explicitly gives parents, their advocates or experts the right to observe children in the classroom. But school districts are under increasing pressure to allow it in the face of arguments that refusing to do so is discriminatory, denies parents meaningful participation in the IEP process, or denies parents’ experts access they need when conducting IEEs. With an eye to what OCR and the courts are saying, this cutting-edge session provides practical guidance regarding how administrators can successfully balance a parent’s desire for access against legitimate concerns about disruption to instruction. Advanced Session 24 Tuesday, 2 - 3:15 p.m. and Wednesday, 11:15 a.m. - 12:30 p.m. Effective behavior intervention plans are based on four components: research, internal consistency, the three pathways in behavior analysis, and a functional assessment of the problem behavior. This session shows you how to achieve all four. You’ll learn a simple charting system that helps teams thoroughly conceptualize the problem behaviors before writing a plan. You’ll also learn how to translate the charting results into an effective plan to achieve legal compliance and classroom results. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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