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ICASE Spring 2013

ICASE Spring 2013. Andrew Manna Seamus Boyce Amy Matthews Jessica Heiser. Text-A-Question. 317.414.0792 Andrew Manna 317.345.2459 Seamus Boyce 317.508.6794 Amy Matthews 317.695.1371 Jessica Heiser @SchoolCounsel. Presidents’ Day #10.

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ICASE Spring 2013

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  1. ICASE Spring 2013 Andrew Manna Seamus Boyce Amy Matthews Jessica Heiser

  2. Text-A-Question 317.414.0792 Andrew Manna 317.345.2459 Seamus Boyce 317.508.6794 Amy Matthews 317.695.1371 Jessica Heiser @SchoolCounsel

  3. Presidents’ Day #10 • "Associate yourself with men of good quality if you esteem your own reputation; for 'tis better to be alone than in bad company.“ • ~George Washington

  4. Presidents’ Day #9 • "I must study politics and war that my sons may have liberty to study mathematics and philosophy." • ~John Adams

  5. Presidents’ Day #8 • "Always vote for principle, though you may vote alone, and you may cherish the sweetest reflection that your vote is never lost.“ • ~John Quincy Adams

  6. Presidents’ Day #7 • "Any man worth his salt will stick up for what he believes right, but it takes a slightly better man to acknowledge instantly and without reservation that he is in error." • ~Andrew Jackson

  7. Presidents’ Day #6 • Who was the first President to receive votes from women? • Warren G. Harding 1921-1923

  8. Presidents’ Day #6 • "It is true that you may fool all of the people some of the time; you can even fool some of the people all the time; but you can't fool all of the people all the time.“ • Abraham Lincoln

  9. Presidents’ Day #5 • Multi-millionaire President during the Great Depression • After his presidency, Chairman of Boys’ Club of America • Herbert Hoover

  10. Presidents’ Day #4 •  “The people are the best guardians of their own rights and it is the duty of their executive to abstain from interfering in or thwarting the sacred exercise of the lawmaking functions of their government. "  • Died in office after 32 days • William Henry Harrison

  11. Presidents’ Day #3 • He won the 2009 Nobel Peace Prize • Barack Hussein Obama

  12. Presidents’ Day #2 • He changed his name because he did not want his initials to be H.U.G. • Hiram Ulysses Grant became Ulysses Simpson Grant

  13. Presidents’ Day #1 • Signed a bill that allowed female lawyers to argue cases before the Supreme Court • Rutherford B. Hayes

  14. Top 10 Legal Issues of 2013

  15. Anonymous, Letter to, 112 LRP 47381 (FPCO 08/22/12). • FERPA generally requires prior written consent for the disclosure of education records, except in certain limited circumstances specified by statute. • In this case, a school could disclose a student's education records to another school in its efforts to seek an appropriate educational placement for the student under Part B of the IDEA without first obtaining parental consent.

  16. Letter to Andrew Manna from U.S. DOE (2/13/03) • Background – IHO ordered school to disclose records for DP hearing despite lack of “third party” parental consent • U.S. DOE guidance • Parents are not entitled to greater right of access to educational records belonging to other students in the context of an IDEA proceeding

  17. Friedman, Letter to, 112 LRP 58497 (FPCO 09/17/12). • A school is permitted, but not required, to provide the parents of a 19-year-old student with a disability access to their daughter's education records. • FPCO advised, however, that the parents might want to contact their state education department to determine if they have additional access rights under the IDEA.

  18. F.B. and E.B. ex rel. L.B. v. New York City Dep't of Educ., 113 LRP 6688 (S.D.N.Y. 02/14/13). • IEPs developed for students with autism to include parent counseling and training. • "[W]hile a failure to provide parent counseling and training may -- in combination with other deficiencies -- contribute to a denial of FAPE, ... it alone is insufficient to rise to the level of denial thereof," Judge Engelmayer wrote.

  19. Research-Based Methods • 511 IAC 7-42-6(f)(4): IEP must contain astatement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided… • “Scientifically-based research” • Reviewed by national organizations? • To the extent practicable carries weight

  20. Cedar Rapids Community School District v. Garret F., 29 IDELR 966 (1999). • U.S. Supreme Court has ruled that districts have an affirmative duty to provide school health services to medically fragile students as needed, provided those treatments can be administered by a person other than a physician.

  21. Medical Needs Addressing medical needs of students in the IEP when the medical issues are part of the disability vs. when the needs are separate from the disability Maintenance vs. optimization

  22. Medical and/or auditory devices Regulations do not limit a district's responsibility "to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child. Routine checking of device appropriate.

  23. Transportation • Required under IDEA

  24. Skelly v. Brookfield LaGrange Park School District 95, 26 IDELR 288 (N.D. Ill. 1997). • Services to the student required while being transported to/from school. • Because tracheostomy tube could be suctioned by someone with minimal training district ordered to provide a trained aide to accompany 4-year-old on bus to suction his tracheostomy tube as necessary.

  25. Transportation Alternatives? • In rare instances, if the student has disabilities so severe that the district can’t transport the student safely, it does not have to provide transportation services • Must be backed by medical evidence • If student unable to travel due to health concerns, school must still provide FAPE in another setting

  26. Seymour (CT) Board of Education, 55 IDELR 22 (OCR 2009). • Section 504 plans less formal, not required in writing • Failing to consider transportation services as a related service under a 504 plan is a violation of Section 504 • A delay in providing transportation services can result in a violation of Section 504.

  27. Common Mistakes made at Case Conferences

  28. Common Mistakes made at Case Conferences • Not enough detail • No explanation of decision making • Too much reliance on previous IEP

  29. Case Conference/IEP Notetaking • Document all parent proposals and points of agreement • Clearly identify who made statements

  30. Equity in Athletics OCR Dear Colleague Letter 1/25/13 Section 504 requires district to ensure equal opportunity for participation Each student must be judged individually Not all students with disabilities have a spot on the team Schools must provide the same aid & services during extracurricular activities as school day

  31. Text-A-Question 317.414.0792 Andrew Manna 317.345.2459 Seamus Boyce @SchoolCounsel

  32. Equity in Athletics School district must make reasonable modifications to existing programs based on need of individual student, unless the district can show modification would be fundamental alteration Student must request modification If reasonable modification cannot be made, OCR recommends that the school create additional and/or new opportunities for students with disabilities

  33. @SchoolCounsel Update • Thanks to #ICASE members who attended our presentation (@ Sheraton Indianapolis Hotel & Suites) #GangnamStyle

  34. Shake Video

  35. Prime Time • #7thCir RT @NSBAComm: #SchoolLaw Consent decree in Title IX suit over disparities in... girls' basketball games... http://ow.ly/2sJqIX • Apply this logic to the new OCR guidance…

  36. Parent Collaboration & Participation • #SDIN: Not engaging in "collaborative dialogue" leaves schools to proceed without parent input. http://ow.ly/eeISg • Thanks to SSSMC & Franklin Township… • #DHa: No violation where IEP revised without parent where parent agreed to let meeting continue in absence. http://ow.ly/1OTRG5 

  37. #DistMass: School's audio recording and written notes proved it permitted parent participation. http://ow.ly/1PxAPp  • What are you questions? Do you have concerns? • Contemporaneous documentation… • #DHa: Documentation refuted argument that school didn't take adequate steps to ensure parent attendance. http://ow.ly/1P0wBi 

  38. 511 IAC 7-42-8 • Consent not required for IEP • 10 instructional days parent can object. On 11th day, stay put changes if no objection. • Someone objects by requesting a meeting, mediation, due process …

  39. Stay Put • #SDIN: Agreeing to pay the after-insurance costs only for a limited period does not establish stay-put. http://ow.ly/eeJWo 

  40. Restraint & Seclusion SB 345 Requires policy Permitted only when a student's behavior poses an imminent danger of physical injury to the student, a school employee, or others Document & debrief every incident Notify parent & send copy of incident report Welcome to special education… UPDATE: Unanimously passed out of Senate Committee with Amendment involving model modelpolicy.

  41. Private Facility Cases • Jefferson Cnty. Sch. Dist. R-1 v. Elizabeth E., • (10th Cir. Dec. 28, 2012) • Parents are entitled reimbursement for unilateral placement of disabled student in private residential treatment facility • School not required to provide mental health, but… • #DMary: Private school tuition request rejected where school could address student health issues in school. http://ow.ly/1QgnnG • #DMary: B/c student with emotional disability did well when at school, no need for residential school. http://ow.ly/1OG1XI 

  42. #SDIN: Parents cannot expect a school to select a preferred method if the method chosen is sufficient. http://ow.ly/eeJAh  • #NDNY: Parents not entitled to reimbursement for student's private school costs after student graduated. http://ow.ly/1P0uL

  43. RTI • #OSEP: RTI before referral and initial evaluation complies with child find. http://ow.ly/fgmwd  • #3dCir: School properly delayed initial evaluation where student made progress and had "typical" behaviors. http://ow.ly/fgniK

  44. School Safety • #EDWis: School employee safety not a defense to allegation of failure to implement IEP services. http://ow.ly/1OXRcT  • #DMary: No claim for disability retaliation where no evidence school SRO was extorting him for money due to disability. http://ow.ly/1QgB5U 

  45. OCR • Nearly 12K disability complaints filed with the USDOE's OCR from 2009-2011. http://ow.ly/1OObQm 

  46. Misc • The #autism and vaccine debate continues... in court. http://ow.ly/hcTtZ  • #IndCtApp: Principal's conviction for failing to report abuse overturned b/c "verification" not improper. http://ow.ly/1RQAre  • #Indiana govt entities do not need to comply with email requests to/from an individual for a specific period of time. http://ow.ly/1ROTlu

  47. Text-A-Question 317.414.0792 Andrew Manna 317.345.2459 Seamus Boyce @SchoolCounsel

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