Education Law

TX Specific

IEP and 504 Plan Legal Workshop

Credits Available
Credit Status Total
Texas CLE Approved 6 Total
OnDemand
5 hours 55 minutes
S. Jason Gallini
Kenneth Baumann
With S. Jason Gallini from The Gallini Firm, PLLC + 1 other
Recorded May 23, 2024
Product ID 98234

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Overview

Strengthen Your School's IEP and 504 Plan Process and Protect Student Rights

IEPs and 504 plans are essential tools to ensure positive learning outcomes for many students. They also have the potential to cause legal issues for schools if they aren't properly planned and carried out. Join our experienced faculty for this comprehensive overview of legal liabilities in IEPs and 504 plans. Take away valuable information you can use to spot potential issues in your school's IEP and 504 plan process. Register today!

  • Ensure students get the tools they need to succeed by properly determining if they are eligible for an IEP or a 504 plan.
  • Implement legally appropriate 504 plans that ensure a level playing field for eligible students.
  • Conduct IEP meetings that include all the necessary players, and know what to do if someone is unable to attend.
  • Handle situations where an IEP just isn't working and modifications are immediately needed.
  • Create behavioral intervention plans that properly take into account the information contained in functional behavior assessments.
  • Properly protect the legal rights of students with IEPs and 504 plans in situations where discipline codes are broken.

Abbreviated Agenda

  1. IDEA or Section 504? Determining Eligibility Under Both Laws
  2. Developing and Implementing 504 Plans: Ensuring a Level Playing Field
  3. The IEP Development Process: Handling Difficult Issues
  4. Key Considerations for Implementing IEPs
  5. Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs): Ensuring Best Practices
  6. Discipline and Expulsion Essentials Under IDEA and Section 504
Product ID 98234

Credit Details

Credits Available
Credit Status Total
Texas CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. IDEA or Section 504? Determining Eligibility Under Both Laws

    1. Section 504
      1. What Is a Disability Under Section 504?
      2. Major Life Activities: What Do They Encompass?
      3. Substantial Limitations: What Is the Bar?
      4. Impairment Determinations: What Can and Can't Be Considered?
    2. The IDEA
      1. Eligibility Categories
      2. ADHD and Other Difficult-to-Place Disabilities
      3. Required Need for Specially Designed Instruction
      4. Best Practices for Determining Eligibility
      5. IDEA-Eligible Students With Additional Medical Needs
    3. Handling Disputes With Parents Over Eligibility
  2. Developing and Implementing 504 Plans: Ensuring a Level Playing Field

    1. Eligibility: What Should Be Considered
    2. What Accommodations Should and Should Not Do
    3. 504 Accommodations vs. Specially Designed Instruction (and Why It Matters)
    4. Distribution of 504 Plans
    5. Avoiding Modifications
    6. Reviews and Re-Evaluations
    7. 504 Plan Red Flags to Avoid
  3. The IEP Development Process: Handling Difficult Issues

    1. IDEA Evaluation Report Essentials
    2. The IEP Meeting: What If Parents Refuse to Come?
    3. Third-Party Participation at IEP Meetings: Outside Agencies, Invited Guests, etc.
    4. Avoiding Predetermination on IEPs
    5. Parent Recording of IEP Meetings: Can Schools Prohibit It?
    6. Ensuring the IEP Team Has All Necessary Members
    7. Creating Measurable IEP Goals and Progress Requirements
    8. Creating a Prudent Paper Trail
  4. Key Considerations for Implementing IEPs

    1. Who Should Receive a Copy? What Form Should It Be?
    2. Teacher Training: Necessary Requirements to Ensure Successful Implementation
    3. Progress Monitoring, Documentation, and Reporting
    4. What to Do When IEPs Aren't Working
    5. Mid-Year Revisions
      1. Who Can Make Them?
      2. When Should They Be Made?
  5. Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs): Ensuring Best Practices

    1. What IDEA Says About FBAs and BIPs
    2. Who Should Be Involved in the Process?
    3. Meeting Key Evaluation Requirements
    4. How to Use the Information
    5. BIPs and Their Relation to IEPs
    6. Creating BIPs That Are Useful for Staff
    7. Crisis Components and BIPs
    8. Behavior Plans and Section 504
    9. Handling Disagreements With Parents
  6. Discipline and Expulsion Essentials Under IDEA and Section 504

    1. Providing Services During Disciplinary Removal
    2. How Manifestation Determination Reviews Apply
    3. Protections for Children Not Yet Eligible for Special Education and Related Services
    4. Changes in Placement
      1. Suspensions and the Ten-Day Rule
      2. Legal Rules Governing Removal or Expulsion
      3. Interim Alternative Educational Settings
    5. Other Available Remedies
    6. Multiple Suspensions and Denial of Free Appropriate Public Education

Who Should Attend

This basic-to-intermediate level program on creating legally compliant IEPs and 504 plans is for:

  • School Principals and Vice Principals
  • School Superintendents and Assistant Superintendents
  • School Psychologists
  • School Counselors
  • Special Education Teachers
  • General Education Teachers
  • Attorneys
  • Paralegals

Speakers

S. Jason Gallini
S. Jason
Gallini
The Gallini Firm, PLLC
Kenneth J Baumann Jr.
Kenneth J.
Baumann, Jr.
The Gallini Group
Speaker bio
S. Jason Gallini

S. Jason Gallini

The Gallini Firm, PLLC
S. Jason Gallini

has been practicing law for 17 years. He was raised in Lovington, New Mexico, and graduated from Texas Tech University with a bachelor's degree in Agricultural and Applied Economics. Mr. Gallini attended Thurgood Marshall School of Law at Texas Southern University for law school and earned a certificate in Immigration and International Law in addition to his Juris Doctorate. He also completed the requisite training to become a mediator. Following law school, he worked for a small boutique litigation law firm prior to venturing out on his own. He has experience in bankruptcy, real estate, construction litigation, estate planning, civil litigation, business law, and other areas of law. He enjoys practicing in and out of the courtroom. Special education law is particularly important to Mr. Gallini as he has children who receive special education services and accommodations through a 504 plan. Feeling the need to assist parents in navigating these processes, Mr. Gallini realigned his practice areas in order to focus more fully on special education law. When asked what makes him different, Mr. Gallini explained that it is his unique background and diverse legal experience. "I can relate. I have sat in ARD meetings on behalf of my own children. I've felt the frustration and understand the difficulty parents face because I've been there personally." "Also, building relationship bridges is key. Special education should be about collaboration and communication and in representing Students, that is one of the important focuses I have on behalf of the child."

Speaker bio
Kenneth J Baumann Jr.

Kenneth J. Baumann, Jr.

The Gallini Group
Kenneth Baumann

believes that everyone deserves to be treated equally under the law, especially our children. It was this belief that led him to pursue a career in law and that would ultimately lead him into the area of special education law. As an attorney, Mr. Baumann has successfully represented a wide variety of clients in cases including child support, special needs trusts and guardianships, and criminal defense. It was in the criminal defense capacity that Mr. Baumann entered the area of special education law by assisting James Gallini in representing an autistic young man who was facing false felony terrorism charges from The State of Alabama. Since that time, Mr. Baumann has devoted his legal career to serving the special education needs of children all throughout the state. Since joining the Gallini Group Mr. Baumann has worked to ensure that his clients are getting the proper educational supports and services that they are entitled to under the law. Additionally, Mr. Baumann has assisted with community programs for special need children such as participation in the foundation of the Helena Miracle League, an organization for special needs children to have an opportunity to play baseball and be active in sports. Also, he has presented seminars for teachers and parents on special education law in the state. Mr. Baumann received his Juris Doctor from The Birmingham School of Law where he graduated with honors in the top ten of his class. He is admitted to practice law in the State of Alabama and is an active member of the Birmingham Bar Association, the Shelby County Bar Association and has represented clients from all parts of the State of Alabama. Mr. Baumann graduated from Auburn University with a degree in chemical engineering and prior to attending law school, he worked in manufacturing for companies such as Clorox, Valspar and Eastman Chemical.

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