Pro Bono Opportunity Sponsored by Massachusetts Advocates for Children (MAC)

Date: Thursday, March 15, 2007

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 04:00 PM - 07:30 PM

SESSION I – FEBRUARY 15, 2007

OVERVIEW OF SPECIAL EDUCATION

This session will outline the general statutory framework of the Individuals with Disabilities Education Act (IDEA) and relevant Massachusetts General Laws special education provisions. In addition, the key elements of understanding the standard for eligibility for special education and how to determine if a child is eligible for special education will be discussed. The interrelated role of evaluations and experts in the IDEA will also be presented. Finally, the important components of the Individualized Education Plan (IEP) will be reviewed. For each of these topics, applicable statutory cites, relevant case law, case studies, and checklists will be incorporated in the discussion.

Attend this session and learn:

• The main sections of the IDEA and Massachusetts law that an attorney must know to effectively represent clients in special education matters
• The appropriate legal standard to determine eligibility for special education services and how to assess a child’s individual profile to determine eligibility
• An introduction to the role and requirements of both school based evaluations and independent evaluations as well as the practical steps necessary to secure appropriate evaluations
• The necessary components of an IEP and how to read and understand the elements of an IEP

Dan Ahearn, Esq.
Adjunct Faculty, Suffolk University Law School
Landmark School, Beverly, MA

Matthew W. MacAvoy, Esq.
Sullivan & Nuttall, P.C., Marshfield, MA

SESSION II – FEBRUARY 22, 2007

EVALUATIONS AND EXPERTS

This session is designed to provide participants with detailed information on the requirements of federal and state law regarding assessments, evaluations, and independent evaluations and to also provide practical information as to what makes up a good evaluation. Participants will also learn tips for working with evaluators and experts.

Attend this session and learn:

• IDEA requirements for school assessments
• How to secure an independent educational evaluation
• The framework for a neuropsychological evaluation
• The role of experts in the hearing process

Joseph Moldover, Psy.D
Pediatric Neuropsychologist
Children’s Evaluation Center, Newton, MA

Tim Sindelar, Esq.
Ames, Hilton, Martin & Sindelar, Cambridge, MA

SESSION III - MARCH 1, 2007

DISCIPLINE AND TRANSITION

Currently, students are being expelled from schools in record numbers and students with disabilities are among those at highest risk. School based discipline is arguably the most complicated area of disability and special education law to navigate. While students can be expelled in Massachusetts with no further right to education, students with disabilities have additional protections, most importantly the right to continuation of educational services. Additionally, for students who are involved with the juvenile court, on probation, or who may be detained by or committed to the Department of Youth Services, there will be a special focus on the education specifically provided to this group of students as they make the various transitions from DYS to the community.

Attend this session and learn:

• Protections pursuant to IDEA for students with disabilities in the discipline context
• Entitlements pursuant to IDEA for students who are not yet identified as eligible for special education services
• Procedural requirements the school must follow when attempting to exclude special needs students
• The manifestation determination meeting: what it is, who should attend, and what must be considered
• Potential challenges to the manifestation determination meeting outcomes, and expulsion hearings
• Challenges to post expulsion school placements
• School based arrests and court and probation accommodations for special needs students
• Entitlements for special education services for students who are held in DYS facilities
• Alternative education, transition school placements and special education students

Jenny Chou, Esq.
EdLaw Project Coordinator, Youth Advocacy Project, Roxbury, MA

Isabel Raskin, Esq.
Juvenile Justice Center, Suffolk University Law School, Boston, MA

Ray Wallace, Esq.
Law Office of Ray Wallace, Sharon, MA

SESSION IV - MARCH 8, 2007

MENTAL HEALTH ISSUES

This session is designed to introduce participants to the rights of students with emotional disabilities as well as the process for obtaining special education and related services to address those disabilities. Transition Planning for Students is mandated for all special education students who are 16 and older and is focused on improving special needs students’ transition from school to post-secondary activities. This session will address transition planning as these topics relate to students with emotional disabilities.

Attend this session and learn:

• What is a functional behavioral assessment and how to use it
• Which services (if any) are potentially available from public school systems, as well as other agencies
• Confidentiality and consent issues that pertain to students with mental health issues
• When transition planning should begin
• Who should attend an IEP meeting that addresses transitional planning
• What are transition services and what services can and should be considered

Constance M. Hilton, Esq.
Ames, Hilton, Martin & Sindelar, Cambridge, MA

Tim Sindelar, Esq.
Ames, Hilton, Martin & Sindelar, Cambridge, MA

SESSION V - MARCH 15, 2007

SETTLEMENT AND THE HEARING PROCESS

Attend this session and learn:

• What is required in a hearing request to survive a sufficiency challenge
• What follows the hearing request and the timelines applied to each step of the hearing process
• What alternatives to a full due process hearing are available
• What steps a practitioner can take to help facilitate a mutually agreeable settlement to the dispute

Jill Updegraph, Esq.
Salem, MA

Reece Erlichman
Assistant Director, Bureau of Special Education Appeals
Massachusetts Department of Education

Rosa I. Figueroa
Hearing Officer, Bureau of Special Education Appeals
Massachusetts Department of Education

Catherine L. Lyons, Esq.
Sullivan & Nuttall, PC, Marshfield, MA