Sec. 504, the ADA, & Students
The Latest Lessons for General and Special Educators
About the Speaker & Target Audience
Presenter: Perry Zirkel, Ph.D., J.D., LL.M.
University Professor Emeritus of Education and Law
Lehigh University
website: perryzirkel.com
Perry A. Zirkel is a nationally recognized expert on law and special education. He is the University Professor Emeritus of Education and Law at Lehigh University, where he formerly was dean of the College of Education. He later became the Iacocca Chair in Education for its five-year term, and continues to co-direct the Lehigh Special Education Law Symposium. Dr. Zirkel has been more than 1,500 publications on various aspects of school law, with an emphasis on legal issues in special education. He writes a regular column for Principal magazine, which is published by the National Association of Elementary School Principals, and Communiqué which is published by the National Association of School Psychologists. In 2012, Dr. Zirkel received the Research into Practice Award from the American Educational Research Association (AERA) and the Excellence in Research Award from AERA’s Division A (Administration Organization & Leadership). In 2013, he received the University Council for Educational Administration’s Edwin Bridges award for significant contributions to the preparation and development of school leaders. In 2016, he received the Education Law Association’s Steven S. Goldberg Award for Distinguished Scholarship in Education Law, and in 2017 he received the CEC’s Special Education Research Award. Dr. Zirkel has a Ph.D. in Educational Administration an a J.D. from the University of Connecticut, and a Master of Laws degree from Yale University.
Target Audience:
General Ed Teachers & Administrators, Intervention Specialists & Special Education Directors, School Psychologists, School Counselors, School Nurses, and Related Service Personnel
Workshop Overview & Details
Many educators struggle with the legal requirements for students with disabilities, in part, due to insufficient preservice preparation and lack of differentiation between “lore” and law when “learning on the job.”
The majority of inservice legal professional development is on the requirements of the IDEA, which leaves Section 504 as a misunderstood and often misapplied “consolation prize.” As a result, short-term concerns with high-stakes tests and other academic hurdles expend limited local resources under this “unfunded mandate” for band-aid forms and accommodations that, in the long term, compound rather than resolve the interest in educational success. Moreover, many educators do not realize that Section 504 and the ADA provide specialized legal claims and forums for students with IEPs, who are covered by both the IDEA and Section 504/ADA.
This program will provide the latest legal lessons under Section 504 and the ADA for K–12 students for both new and experienced school personnel. The agenda provides successive half-day segments on issues for “504-only” students and students with IEPs.
- The morning session will focus on the primary current problems of complying with Section 504/ADA for students not eligible under the IDEA, such as under- and over-identifying students for 504 plans.
- The afternoon session will focus on the latest Office for Civil Rights (OCR) and court issues that extend under Section 504/ADA to apply also to children with IEPs, the “double-covered” students.
AM Agenda
MORNING SESSION: 504-ONLY STUDENTS
The morning session will start with the basic building blocks of an effective school program in relation to Section 504 and its sister statute, the ADA. The issues that will be addressed include:
- What are the key differences from the IDEA?
- What is the required grievance procedure?
- What are the latest eligibility standards?
- What are the required elements of the procedural safeguards notice?
- What are the practical recommendations for 504 plans?
- What are the current trends for enforcement?
The session will continue with interwoven nuanced issues for 504-only students:
- Does Child Find apply under Section 504?
- Which students should be under a 504 plan rather than an individual health plan (IHP)?
- Do students with concussions qualify for a 504 plan?
- What is the current operational meaning of “substantial” limitation?
- Are some students only technically eligible under Section 504?
- Are students entitled to special education as part of a 504 plan?
- How do we say “No” to the parents of the student who is not eligible so as to be both legally and educationally effective?
The morning session will also include illustrative forms, recommended procedures, and
ample opportunity for Q-and-A.
PM Agenda
AFTERNOON SESSION: STUDENTS WITH IEPs
The afternoon session focuses on the latest legal developments for K–12 students under Section 504/ADA, extending to those who have IEPs under the IDEA. These issues include:
- What are the latest court decisions on not only access but also implementation for service animals?
- What has been the judicial trend in interpreting the effective communications requirement of the ADA, such as the cases concerning CART?
- What has been the judicial trend in Section 504/ADA claims with regard to (a) bullying, (b) restraints and seclusion, and (c) suicide, of students with disabilities?
- What are the current enforcement trends of OCR?
- Does the IDEA’s exhaustion provision apply to claims under Section 504 and the ADA? What did the Supreme Court’s decision in Fry v. Napoleon Community Schools answer and what did it not answer under this question?
- Does compliance with IDEA requirements automatically fulfill the corresponding requirements under Section 504/ ADA?
- What are the latest court decisions under Section 504/ADA with regard to interscholastic athletics?
- What is the prevailing standard for district liability under Section 504/ADA?
- Are individual school personnel, such as 504 coordinators and special education directors, subject to liability for money damages under Section 504/ADA?
Sec. 504, the ADA, & Public School Students
Date and Time:
Wednesday, March 6, 2019 (8:30 am - 3:30 pm)
** Registration begins at 8:00 am
Location:
Madison-Champaign ESC
2200 S US Highway 68
Urbana, Ohio 43078
Credit: Contact hours will be provided by the Madison-Champaign ESC
Food: Light snacks, coffee, and water will be provided. Soda will be available for purchase.
LUNCH is on your own.
Participants may elect to attend for either a half or whole day.
Registration Fee:
Full Day: $125.00 per registrant
Half Day: $75.00 per registrant
Payment Methods:
Cash, check, purchase order, or credit/debit card (there is a 3% fee for all credit/debit card payments)
Payment can be mailed, emailed, faxed or delivered to:
Mail to: Madison-Champaign ESC
Attn: Ashley Carey
2200 S US Highway 68
Urbana, OH 43078
Fax: (937) 652 - 2221
Credit Card Payments: Contact Ashley Carey at ashley.carey@mccesc.org or call (937) 484-1557
Questions: Contact James Cutlip at james.cutlip@mccesc.org or call (937) 484-1557 ext 102.
To Register:
Use the bitly link: http://bit.ly/504andtheLaw2019
OR
Use the Click Here button below to register!
Wednesday, Mar 6, 2019, 08:30 AM
2200 U.S. 68, Urbana, OH, USA
Madison-Champaign Educational Service Center
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Email: james.cutlip@mccesc.org
Website: mccesc.org
Location: 2200 U.S. 68, Urbana, OH, USA
Phone: 937-484-1557
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