Law Conference 2011Webinar #1

The Year in ReviewMelinda Jacobs

Behavior and Discipline

Case #1Does SLD mean it’s OK to bring a gun to school?

Details--

Behavior and Discipline

Case #1Does SLD mean it’s OK to bring a gun to school?

Decision:

Behavior and Discipline

Case #2Can a district change placement without a Manifestation Determination?

Details--

Behavior and Discipline

Case #2Can a district change placement without a Manifestation Determination?

Decision:

Behavior and Discipline

Case #3

Can parents demand a board hearing after changing their minds about a change of placement?

Details--

Behavior and Discipline

Case #3Can a district change placement without a

Manifestation Determination?

Details--

Behavior and Discipline

Case #3Can a district change placement without a

Manifestation Determination?

Decision—

Can parents demand a board hearing after changing their minds about a change of placement?

Behavior and Discipline

Case #4Does a judge have the right to overrule a district’s discipline?

Details:

Behavior and Discipline

Case #4Does a judge have the right to overrule a

district’s discipline?

Decision:

Behavior and Discipline

Case #5 Does using RTI reduce a district’s requirement for Childfind?

Details:

Behavior and Discipline

Case #5 Does using RTI reduce a district’s requirement for Childfind?

Decision:

Compensatory Education

Typically not monetary damages; most often educational make-up time.

Eligibility and Identification

Case #6 Does adequate academic progress prevent a SPED diagnosis?

Details:

Eligibility and Identification

Case #6Does adequate academic progress prevent a SPED diagnosis?

Decision:

Eligibility and Identification

Case #7Does drug & alcohol use prevent IDEA verification?

Details:

Eligibility and Identification

Case #6 Does drug & alcohol use prevent IDEA verification?

Decision:

Eligibility and Identification

Case #7Does depression plus social maladjustment = disability?

Details:

Eligibility and Identification

Case #7 Does depression plus social maladjustment = disability?

Decision:

Evaluation

Case #8Can parents get reimbursed for an IEE because district didn’t respond to request quickly?

Details:

Evaluation

Case #8Can parents get reimbursed for an IEE because district didn’t respond to request quickly?

Decision:

Evaluation

Case #9Can parents request an IEE while original testing is happening?

Details:

Evaluation

Case #9 Can parents request an IEE while original testing is happening?

Decision:

FAPE and IEP’s

Case #10 Does discussion of placement options prior to an IEP meeting equal predetermination?

Details:

Evaluation

Case #10Does discussion of placement options prior to an IEP meeting equal predetermination?

Decision:

FAPE and IEP’s

Case #11Which is more important, verification or services?

Details:

Evaluation

Case #11 Which is more important, verification or services?

Decision:

FAPE and IEP’s

Case #12Do good grades in Resource classes mean the student is receiving FAPE?

Details:

Evaluation

Case #12 Do good grades in Resource classes mean the student is receiving FAPE?

Decision:

FAPE and IEP’s

Case #13Is a student with ASD entitled to private placement because he still had ASD behaviors?

Details:

Evaluation

Case #13 Is a student with ASD entitled to private placement because he still had ASD behaviors?

Decision:

FAPE and IEP’s

Case #14If a student refuses the SPED services offered, is the district off the hook?

Details:

Evaluation

Case #14 If a student refuses the SPED services offered, is the district off the hook?

Decision:

Seclusion and Restraint

Case #15Is a “basket hold” automatically considered restraint?

Details:

Evaluation

Case #15Is a “basket hold” automatically considered restraint?

Decision:

Seclusion and Restraint

Case #16Is a prone restraint ever allowed?

Details:

Evaluation

Case #16 Is a prone restraint ever allowed?

Decision:

Section 504

Case #17Does missing football practice equal a denial of FAPE?

Details:

Section 504

Case #17 Does missing football practice equal a denial of FAPE?

Decision:

Section 504

Case #18Can a district rely on “We don’t…” to justify a decision related to a SWD?

Details:

Section 504

Case #18 Can a district rely on “We don’t…” to justify a decision related to a SWD?

Decision: