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Avoiding Special Education Litigation: David's Top Ten Action Steps for School District Staff

This presentation outlines ten key actions that school district staff can take to avoid special education litigation. It covers topics such as overcoming fairness challenges, creating effective educational programming, establishing good relationships with parents, understanding the IDEA duty of FAPE (Free Appropriate Public Education), and communicating professionally at all times. The presentation emphasizes the importance of meeting legal requirements and seeking assistance when needed.

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Avoiding Special Education Litigation: David's Top Ten Action Steps for School District Staff

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  1. David’s Top Ten Key Actions for School District Staff To Avoid Special Education Litigation David B. HodginsThompson & Horton LLPPhoenix Tower, Suite 20003200 Southwest FreewayHouston, Texas 77027713-554-6745dhodgins@thompsonhorton.com

  2. David’s Top Ten • Overcome the Fairness Challenge • Create and Implement Effective Educational Programming for Disabled Students

  3. David’s Top Ten 3. Establish and Maintain Good Relationships with Parents. A. Recognize and Respect the Difficulty of Raising a Disabled Child; • Always Remember that Tone Matters 4. Understand the IDEA Duty of FAPE

  4. FAPE-Free Appropriate Public Education How is FAPE determined? Under Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988, 69 IDELR 174, (2017) (involving autistic student in self-contained class). Supreme Court clarified the FAPE standard. • The IEP must be “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” Endrew F., 137 S. Ct. at 999. (Emphasis added) • 10th Circuit standard for FAPE that was one of “barely more than de minimis” is overturned • “The question is whether the IEP is reasonable, not whether the court regards it as ideal”

  5. How is “Reasonably Calculated” to provide an “Educational Benefit” for FAPE Determined? Under Cypress-Fairbanks Indep. Sch. Dist. v. Michael F., 118 F.3d 245 (5th Cir. 1997): 1. The program is individualized on the basis of the student’s assessment and performance; 2. The program is administered in the least restrictive environment (LRE); 3. The services are provided in a coordinated and collaborative manner by the Key Stakeholders; and 4. Positive academic and non-academic benefits are demonstrated.

  6. David’s Top Ten 5. Communicate Professionally at All Times • Respect Confidentiality of Student Information • Meet Legal Requirements • Be a Good Team Member • DO NOT give in if the request is educationally inappropriate • Seek Assistance When Needed—When in Doubt Call Your School Attorney! 

  7. THANK YOU!For allowing me to make this presentation David B. Hodgins of Thompson & Horton LLP Phoenix Tower, Suite 2000 3200 Southwest Freeway Houston, Texas 77027 dhodgins@thompsonhorton.com

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