This course, presented by three nationally recognized education attorneys from the parent/student side and from the school side, will provide a comprehensive overview of student discipline and a discussion of the competing interests of school safety and individual rights, especially now in the continuing aftermath of so many tragic school shootings. The presentation will begin with a discussion of the Constitutional disciplinary protections afforded to all students and will then pivot to the specific laws and additional protections afforded to students with disabilities, including the difference between discipline of students with IEPs under the Individuals with Disabilities Education Act (“IDEA”) and students with a Section 504 Plan. Finally, there will be a lively panel discussion of ethical issues that arise in disciplinary matters.
The course is for school attorneys, parent attorneys, attorneys who practice in the areas of disability law and criminal defense, Administrative Law Judges and Hearing Officers, teachers, school administrators, educators, and school governing board members.
The presenters will guide the audience through a Manifestation Determination Review, an expedited Due Process Complaint and Hearing, and a disciplinary due process hearing. Our experienced faculty will provide you with a road map for dealing with these increasing issues in school. Learn how to advise clients and handle disciplinary matters in these challenging times.
Key topics to be discussed:
Sources of school discipline law and the history of student discipline due process: Constitutional due process in student discipline cases, and what educators need to know about Constitutional rights of students
Federal laws governing discipline of students with disabilities
Manifestation Determination Reviews (“MDRs”)
Disciplinary due process hearings and appeals
Expedited Due Process Complaints
Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs)
Restraint and seclusion
Ethical issues that arise in disciplinary matters
Date: September 29, 2022
Hope N. Kirsch, Esq. | Kirsch-Goodwin & Kirsch PLLC
Hope Kirsch is a partner with the education law firm of Kirsch-Goodwin & Kirsch, PLLC, in Scottsdale, Arizona, founded in 2006. She is a licensed special education teacher and 30 year attorney specializing in education law representing K-12 and higher education students throughout Arizona in school-related matters including advocacy, Due Process, 504s, OCR, discipline and bullying. Hope was a special education teacher and coordinator in the New York City public schools for 18 years where she worked with the most challenging populations and super-vised and trained teachers in teaching strategies, curriculum development, writing IEPs and behavior management.
She has a Bachelor’s degree in special education from Boston University, a Master’s degree in special education from NYU, 30+ post-graduate credits in educational supervision and ad-ministration, and her law degree from Brooklyn Law School. She is admitted to the state and federal district courts in New York, New Jersey, Arizona and the 9th Circuit Court of Appeals. She is AV® Preeminent rated and is appointed to serve as a Judge Pro Tem for the Superior Court of Arizona.
Lori Kirsch-Goodwin, Esq. | Kirsch-Goodwin & Kirsch PLLC
Lori Kirsch-Goodwin, Esq., is a 35 year litigation attorney whose practice is devoted to education and special education matters on behalf of students and their families. Lori has a Bachelor’s degree from Syracuse University and her law degree from Bridgeport (now Quinnipiac) University. Lori began advocating for students with disabilities when one of her twin sons, now 27 years old, was found in need of special education in Kindergarten. Lori is regularly involved in eligibility and IEP meetings, MDRs, disciplinary due process hearings, OCR, IDEA Due Process, and DDD appeals.
She is admitted to practice in the state and federal courts in New York, New Jersey, Arizona and the 9th Circuit, and is AV-rated. Lori prevailed in a case before the 9th Circuit Court of Appeals that involved appropriateness of a school’s selection of location of a school for a student on the spectrum. She is an AV® Preeminent rated attorney and is appointed to serve as Judge Pro Tem for the Superior Court of Arizona.
Heather R. Pierson, Esq. | Udall Shumway
Heather Pierson is a partner at the law firm Udall Shumway PLC in Mesa, AZ. She is a member of the firm’s School Law section, representing the firm’s education law clients throughout the State. Ms. Pierson comes to Udall Shumway PLC uniquely qualified in the area of education law. Prior to joining Udall Shumway, Ms. Pierson taught behavior disordered students. During her teaching career, Ms. Pierson was involved in the development and implementation of Individualized Education Plans (“IEP”) and behavior plans and attended several trainings on special education and regular education interventions and strategies. While in law school, Ms. Pierson provided in-home ABA services for autistic children under the age of three and participated in the Whittier Law School Special Education Clinic, which provided special education advocacy services for children with developmental disabilities. Additionally, Ms. Pierson earned her Master’s Degree in Special Education in 2004.
Ms. Pierson primarily focuses her practice on special education and disability related matters. She routinely defends school districts and other public educational institutions in matters related to disability law matters, such as special education due process hearings, Office of Civil Rights (“OCR”) complaints, Section 504 due process hearings, mediation, and special education state complaints. She provides daily advice and assistance in matters related to special education, Section 504, the Americans with Disabilities Act, student discipline, personnel issues and student records. Ms. Pierson taught Contemporary Developments in Special Education Law through Northern Arizona University during the Spring of 2014. She has also given in-service workshops to district personnel on a wide range of special education and disability related topics and speaks at state-wide conferences.
I. Sources of school discipline law and the history of student discipline due process: Constitutional due process in student discipline cases, and what educators need to know about Constitutional rights of students – Hope N. Kirsch | 2:00pm – 2:15pm
II. Corporal punishment – Hope N. Kirsch | 2:15pm – 2:30pm
III. Federal laws governing discipline of students with disabilities – Heather R. Pierson | 2:30pm – 2:45pm
IV. Manifestation Determination Reviews (“MDRs”) – Lori Kirsch-Goodwin | 2:45pm – 3:00pm
Break | 3:00pm – 3:10pm
V. Disciplinary due process hearings and appeals – Lori Kirsch-Goodwin | 3:10pm – 3:25pm
VI. Expedited Due Process Complaints – Hope N. Kirsch | 3:25pm – 3:40pm
VII. Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs) – Heather R. Pierson | 3:40pm – 3:55pm
VIII. Restraint and seclusion – Heather R. Pierson | 3:55pm – 4:10pm
Break | 4:10pm – 4:20pm
IX. Ethical issues that arise in disciplinary matters – Panel Discussion | 4:20pm – 5:20pm