SPECIAL EDUCATION LEGAL SEMINAR - CONFERENCE 2017 - Wednesday & Thursday October 18-19, 2017 - Riverside County Office of ...
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Division of Student Programs and Services
Special Education
SPECIAL EDUCATION LEGAL SEMINAR
CONFERENCE 2017
Wednesday & Thursday
October 18–19, 2017
South Coast Winery Resort & Spa
34843 RANCHO CALIFORNIA ROAD
TEMECULA, CA 92591
OUR PLEDGE
All students in Riverside County
will graduate from high school
well prepared for college
and the workforce.
Message from Riverside County Superintendent Dear Colleagues, As the Riverside County Superintendent of Schools, I am delighted to welcome you to the 2017 Special Education Legal Seminar Conference. The seminar was created from feedback that we received to bring together special educators to discuss timely topics with representatives from leading Southern California law firms and innovative educational leaders. The Riverside County Office of Education is pleased to bring together the most informed minds from eight law firms and five SELPAs to focus on a wide range of subjects that will foster learning, inspiration, and provoke conversations that matter. I believe every student deserves the highest quality education, including students with special needs who face challenges that can have significant impacts on their success in school and life. To ensure every student succeeds, special educators must have access to the most current information, resources, and innovative solutions. Each session will showcase the most relevant special education topics and ideas aimed at enlightening and empowering your work to provide each student with a quality educational experience. Presentation topics include dyslexia, the Endrew F. Case, Least Restrictive Environment, and Charter Schools. I am excited to see the breadth of expertise our presenters bring to this conference and know you will appreciate two panels of experts who will finish each day with discussions related to administrative hearings, dealing with difficult IEP meetings, and disproportionality. Conference sessions are purposefully aligned to the state priorities required by the Local Control and Accountability Plan (LCAP) by maintaining a focus on school climate, student engagement, and parent involvement priorities. Your attendance at this conference demonstrates your commitment to ensuring that our students receive a quality education and the necessary support to succeed in school and life. Thank you for being a committed partner. Sincerely, Judy D. White, Ed.D. Riverside County Superintendent of Schools
AGENDA
WEDNESDAY OCTOBER 18, 2017
12:15 p.m. – 1:00 p.m. . . . . . . . . . . . . . . . CHECK-IN AND LUNCH
Welcome and Opening Remarks
Diana Walsh-Reuss, Ed.D.
Riverside County Associate Superintendent of Schools
1:00 p.m. – 2:15 p.m. . . . . . . . . . . . . . . . . . . . . . PRESENTATION I
Endrew F. Case
Jonathan Read
Fagen, Friedman & Fulfrost, LLP
2:15 p.m. – 2:30 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . BREAK
2:30 p.m. – 3:45 p.m. . . . . . . . . . . . . . . . . . . . . . PRESENTATION II
Least Restrictive Environment
Peter Sansom
Law Office of Peter Sansom
3:45 p.m. – 4:00 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . BREAK
4:00 p.m. – 5:00 p.m. . . . . . . . . . . . . . . . . . . PANEL DISCUSSION
Administrative Hearing /
Complaints & Collaborating
with Parents at IEP Meetings
Jack Clarke
Best Best & Krieger, LLP (Facilitator)
Cathy Holmes
Best Best & Krieger, LLP
Constance Taylor
Atkinson, Andelson, Loya, Ruud & Romo
Richard Erhard
Richard Erhard and Associates
Cynthia Vargas
Fagen, Friedman & Fulfrost, LLP
5:30 p.m. – 6:30 p.m. . . . . . . . . . . . . . . . . . . . . . . . . . RECEPTION
Barrel Room
1
WEDNESDAY, OCTOBER 18, 2017
PRESENTATION I | Endrew F. Case
Jonathan P. Read
Fagen, Friedman & Fulfrost, LLP
Learning objectives:
1. Understand the Supreme Court’s ruling and rationale in Endrew F.
2. Learn how the Endrew F. standard has been applied by OAH and
courts in subsequent disputes over the provision of FAPE.
3. Recognize the practical significance of Endrew F. for special education
personnel and IEP team members in developing and implementing IEPs.
Jonathan P. Read is a founding partner in the San Diego area office. Mr.
Read represents school districts and other educational agencies in all facets
of due process and disciplinary proceedings. He has developed a specific
emphasis on representing school districts at highly contentious IEP team
meetings and in cases involving interagency responsibility for IDEA compliance and
English language learners.
PRESENTATION II | Least Restrictive Environment
Peter Sansom
Law Office of Peter Sansom
Supporting Individualized Education Plan (IEP) Teams in Making
Defensible Least Restrictive Environment (LRE) Decisions
Learning Objectives:
1. Understand the legal requirements of the LRE under Section 504
and the IDEA.
2. Be able to educate IEP teams on how to discuss, deliberate, and
determine the LRE.
3. Be able to support IEP teams in educating parents on understanding
the LRE.
Peter Sansom has been representing school districts in the area of special
education since 2001. He is the co-author of California School Law, 3rd
Edition and has obtained positive case outcomes before the OAH, federal
district courts, and the 9th Circuit Court of Appeals.
2
WEDNESDAY, OCTOBER 18, 2017
PANEL DISCUSSION | Administrative Hearing / Complaints &
Collaborating with Parents at IEP Meetings
Jack B. Clarke is a partner in the Education law Group of Best, Best &
Krieger LLP. Jack is a frequent speaker on issues pertaining to Education law
and creating child centered, legally defensible educational programs and
other issues of law.
Richard Erhad served multiple public education agencies in two states over
nearly three decades, culminating as an Assistant Superintendent of Student
Services. He founded Richard Erhard and Associates to provide mediation
and consultation services focused on conflict resolution. As a certified
mediator, Mr. Erhard uses fact finding, alternative dispute resolution and mediation
techniques to facilitate the management and resolution of disputes between parties. He
assists organizations and individuals with identifying and effectively communicating
their areas of agreement and disagreement to reach mutually agreed upon solutions.
Cathy S. Holmes is a partner with Best Best & Krieger, LLP, and is the
firm’s Education Law Practice Group Leader. She has an extensive practice
advising school districts and county offices of education with a particular
emphasis involving student and special education matters.
Constance M. Taylor is a partner in AALRR’S Riverside Office who has
advised LEAs for 17 years in student related matters. Ms. Taylor represents
LEAs in IEP Meetings, resolution sessions, mediations, due process hearings,
section 504 meetings and hearings and appeals. Ms. Taylor provides
guidance to leas to address student needs, ensure legal compliance and limit liability.
Cynthia D. Vargas is a partner at Fagen, Friedman & Fulfrost, and
represents and advises school districts, county offices and SELPAs regarding
all aspects of special education law. Ms. Vargas is an advocate and
trusted advisor for the school districts she represents. Ms. Vargas worked
as a special education teacher before attending law school providing her a practical
understanding of the interconnectedness of educational legal manners and the many
ways in which a single legal matter can effect various areas of educational operations.
3
Thank you Sponsors
for your Generous Donations.
4
AGENDA
THURSDAY, OCTOBER 19, 2017
7:45 a.m. – 8:30 a.m. . . . . . . . . . . . . . . . . . . . . . . CHECK-IN AND
CONTINENTAL BREAKFAST
Welcome and Opening Remarks
Diana Walsh-Reuss, Ed.D.
Riverside County Associate Superintendent of Schools
8:30 a.m. – 9:45 a.m. . . . . . . . . . . . . . . . . . . . . . PRESENTATION I
Dyslexia
Summer Dalessandro, Karin Anderson
Lozano Smith
9:45 a.m. – 10:00 a.m. . . . . . . . . . . . . . . . . . . . . . . . . . . BREAK
10:00 a.m. – 11:15 a.m. . . . . . . . . . . . . . . . . . . PRESENTATION II
Special Education
Charter School Services
Lisa Corr
Young, Minney, & Corr., LLP
11:15 a.m. – 11:30 a.m. . . . . . . . . . . . . . . . . . . . . . . . . . BREAK
11:30 a.m. – 12:30 p.m. . . . . . . . . . . . . . . . . PANEL DISCUSSION
Disproportionality
Leah Davis
Riverside County SELPA (Facilitator)
Pamela Bender
Moreno Valley Unified School District SELPA
Dawn Rust
Corona-Norco Unified School District SELPA
Timothy Walker
Riverside Unified School District SELPA
12:30 p.m. – 1:30 p.m. . . . . . . . . . . . . . . . . . CLOSING REMARKS
Karen Valdes
Assistant Superintendent, Menifee Union School District
California State of Education Board Member
5
THURSDAY, OCTOBER 19, 2017
PRESENTATION I | Dyslexia
Summer D. Dalessandro, Karin M. Anderson
Lozano Smith
Demystifying Dyslexia
Learning Objectives:
1. Review updated case law on dyslexia.
2. Review new CDE guidelines on dyslexia.
3. Attendees will leave with a clear understanding of the current status of
dyslexia in Special Education.
Summer D. Dalessandro is the Managing Partner of Lozano Smith’s San
Diego office. Ms. Dalessandro began her legal career with the firm in
2005. She is a noted education law attorney, representing K-12 school
districts throughout the state in administrative hearings, federal court
appeals, mediations, and the special education IEP process. In addition to special
education matters, her practice encompasses the full spectrum of student-related, charter
school, labor and employment, and board governance issues that school districts face.
Karin M. Anderson is an Associate in Lozano Smith’s San Diego Office.
Ms. Anderson specializes in the Special Education and Student aspects of
educational law.
“The world needs different kinds
of minds to work together.”
– Dr. Temple Grandin
6THURSDAY, OCTOBER 19, 2017
PRESENTATION II | Special Education Charter School Services
Lisa Corr
Young, Minney, & Corr., LLP
Meeting the Unique Needs of Students with Disabilities in your
Unique Charter School
Learning Objectives:
1. Understanding the legal obligations of a charter school operating as
an LEA for special education purposes.
2. Considering the legal and practical differences between a charter
school and a school district as relates to serving students with
disabilities.
3. Receiving practical and easy solutions for protecting your charter
school from exposure to liability as relates to serving students with
disabilities.
Lisa Corr has represented charter schools for over 19 years. Her primary
focus has been in special education and the representation of charter
schools in due process matters and in defense of Office of Civil Rights and
California Department of Education complaints. Lisa also assists charter
schools in day to day special education compliance, and negotiating agreements with
special education providers and authorizers. One of Lisa’s unique practice areas is non-
classroom based (independent study) charter school legal compliance. She also assists
charter schools in the development and implementation of admissions policies and
practice. Lastly, Lisa assists in general student services issues (e.g. student discipline,
interpretation of child-custody agreements, and control of disruptive visitors on campus).
“Free the Child’s potential and you
will transform him into the world.”
– Maria Montessori
7THURSDAY, OCTOBER 19, 2017
PANEL DISCUSSION | Disproportionality
Leah Davis serves as the Executive Director of Riverside County Special
Education Local Plan Area (SELPA). She began her career as a Speech
and Language Pathologist and has served the students of Riverside
County for the past 14 years as a Program Specialist, Special Education
Director, and in her current role. Ms. Davis is committed to promoting inclusive
practices that ensure access for each student.
Pamela Bender, the Executive Director of the Moreno Valley Unified
School District Special Education Local Plan Area (SELPA), has advocated
for special education students in both San Bernardino and Riverside
Counties over the past 27 years as a teacher of students with moderate/
severe disabilities, Program Specialist, Special Education Coordinator and Special
Education Director. Under her leadership, MVUSD has implemented Positive
Behavior Intervention Supports (PBIS) for all 40 schools within the District of which
33 schools received California PBIS Coalition Awards for Fidelity of Implementation
of the PBIS Framework for the 2016-2017 school year.
Dawn Rust is the Administrative SELPA Director for the Corona-Norco
Unified School District. The Corona-Norco Unified School District is the
largest school district in Riverside County and the tenth largest district in
California. Mrs. Rust has worked in the field of education for 28 years
- 14 years as a teacher and 14 years as an administrator: Junior High Principal,
High School and Jr. High Assistant Principal, Program Coordinator, and Director
of Special Education. Mrs. Rust is committed to the academic and social success of
all students. “Optimism is the faith that leads to achievement; nothing can be done
without hope and confidence.” –Helen Keller
Timothy Walker has over 30 years of experience in the field of
education. Mr. Walker joined the Riverside Unified School District in
January of 2009 as the Director V of Special Education/SELPA. A
year later he became responsible for an additional department and
accepted his current position. In addition to his 15 years of work with special
education students in the classroom, Mr. Walker has held administrative positions in
a number of districts including serving as: Director of Special Education, Assistant
Superintendent of Special Education, Assistant Superintendent of Instructional
Services and Deputy Superintendent.
8SPECIAL EDUCATION LEGAL SEMINAR
CONFERENCE 2017
RIVERSIDE COUNTY SUPERINTENDENT OF SCHOOLS
Judy D. White, Ed.D.
RIVERSIDE COUNTY BOARD OF EDUCATION
Elizabeth F. Romero, President
Barbara Hale, Vice-President
Jeanie B. Corral, Member
Ray “Coach” Curtis, Member
Bruce N. Dennis, Member
Susan J. Rainey, Ed.D., Member
Wendel W. Tucker, Ph.D., Member
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