Autism and the Law: From Clinical Insight to Special Education Litigation

Rebecca Martinez
Robert Meagher
Maxine Checchi
Norma Francullo
Marc G. Mucciolo
Sherry Wilds
Amie Baek
Rebecca Martinez | Adult Autism Specialist
Robert Meagher | NYC Department of Education
Maxine Checchi | Checchi Law LLC
Norma Francullo | Law Office of Norma Francullo LLC
Marc G. Mucciolo | The Busch Law Group LLC
Sherry Wilds | The Law Office of Keith Altman, PLLC
Amie Baek | The Law Office of Keith Altman, PLLC
Live Video-Broadcast: July 29, 2025

3.75 hour CLE

Tuition: $295.00
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Program Summary

Session I - Understanding Autism Spectrum Disorder: From Early Signs to Psychological Support - Rebecca Martinez

This session offers a concise yet thorough exploration of autism spectrum disorder (ASD), emphasizing its early behavioral signs, formal diagnostic criteria, and the range of cognitive, communicative, and social differences commonly observed in individuals on the spectrum. Participants will gain a foundational understanding of how autism presents across developmental stages and the critical role psychologists play in conducting assessments, interpreting results, and collaborating with families and educational teams to support effective interventions.

Key topics to be discussed:

  • What is autism spectrum disorder (ASD)
  • Early signs and behavioral characteristics
  • Diagnostic criteria
  • Role of psychologists in autism identification and support

Session II - Navigating Special Education Law and Autism: Legal Foundations, Advocacy, and Litigation Strategies - Maxine Checchi, Marc Mucciolo, Norma Francullo, Robert Meagher

This session examines the legal, educational, and procedural complexities involved in advocating for students with autism in the special education system. It begins with a detailed look at the statutory and case law framework protecting students with disabilities, focusing on IDEA Part B, the 13 eligibility classifications, and how these intersect with additional protections under Section 504 and the ADA. The session then turns to the legal standards for classifying autism spectrum disorder in schools, addressing the wide variation in student presentations, the support that may be required, and systemic constraints that influence how IEP teams make decisions. Finally, the session explores litigation strategies in cases involving students with autism, highlighting critical issues such as communication needs, behavioral concerns, evaluation practices, independent assessments, and disputes over placement and instructional methodologies like Applied Behavioral Analysis. This session is designed to equip attorneys with practical insights for navigating disputes and securing appropriate educational services for children with autism.

Key topics to be discussed:

  • Federal legal framework for students with disabilities: An in-depth run-through on the key federal laws that govern the rights of students with disabilities in the educational system. This segment will focus on the Individuals with Disabilities Education Act (IDEA), with an emphasis on Part B and the 13 eligibility classifications under federal law. It will also provide a high-level synopsis of additional protections under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Landmark and guiding judicial decisions will be examined to highlight the evolution and application of these laws
  • Educational classification and support considerations for students with autism: A detailed examination of the criteria and processes involved in the educational classification of autism spectrum disorder (ASD) under IDEA. This segment will explore the diverse ways autism presents in students and the range of support typically considered by IEP teams. Discussion will include the practical challenges faced by both families and school districts, as well as legal and procedural constraints that can impact educational planning and service delivery
  • Legal strategies for litigating autism-related special education claims: This segment will focus on key considerations and best practices for attorneys representing families of students classified with ASD. Topics will include the importance of addressing communication needs, social/emotional development, and behavioral challenges in litigation. The segment will also explore the IEP team’s approach to evaluations, the increasing prevalence of requests for independent educational evaluations (IEEs), and disputes involving non-public school placements. Additionally, legal implications surrounding requests for specific methodologies such as Applied Behavioral Analysis (ABA) will be analyzed within the framework of FAPE (Free Appropriate Public Education) and procedural safeguards

Session III - Advocating Effectively in Special Education: Legal Remedies and Procedural Insight – Sherry Wilds, Amie Baek

This session equips participants with a practical understanding of both informal and formal mechanisms for resolving special education disputes. It begins with a focus on administrative and local-level remedies, including facilitated IEP meetings and mediation, highlighting how and when each approach can be used effectively to address disagreements early and collaboratively. Attendees will explore the legal framework supporting these options, preparation strategies, and realistic expectations for families navigating these processes. The session then transitions to a comprehensive walkthrough of the special education due process system. From filing a complaint to resolution sessions, prehearing conferences, evidence exchange, and the hearing itself, each phase will be examined in detail. Participants will gain insight into identifying key legal and factual issues, preparing persuasive documentation and testimony, and understanding protections such as “stay-put” provisions. The session concludes with guidance on post-hearing outcomes and best practices for maintaining constructive dialogue with school districts during and after formal proceedings.

Key topics to be discussed:

  • Starting with administrative and local-level remedies, facilitated IEP meetings, and mediation, attendees will gain a clear understanding of when and how to use each option effectively, with a focus on resolving issues collaboratively before formal proceedings are necessary. We will explore the legal underpinnings of each remedy, how to prepare for them, and what families can reasonably expect in terms of outcomes
  • The second half of the session will provide an in-depth walkthrough of the special education due process procedure. Beginning with the filing of a complaint, we’ll unpack each step, including resolution sessions, prehearing conferences, evidence exchange, and the hearing itself. Practical guidance will be offered on how to identify key issues, prepare witnesses, understand student rights (including “stay-put” provisions), and navigate interactions with school districts during proceedings. Special attention will be given to post-hearing outcomes and strategies for ongoing communication with the district throughout the due process

Date / Time: July 29, 2025

  • 12:05 pm – 3:50 pm Eastern
  • 11:05 am – 2:50 pm Central
  • 10:05 am – 1:50 pm Mountain
  • 9:05 am – 12:50 pm Pacific

Closed-captioning available

Speakers

Rebecca Martinez | Adult Autism Specialist

Dr. Rebecca Martinez is a licensed psychologist with a deep passion for working with neurodivergent adults, especially those who may have been overlooked, misdiagnosed, or misunderstood earlier in life. She is particularly attuned to the experiences of individuals who are discovering their autistic identity in adulthood, often after years of navigating the world without a clear explanation for their differences. She specializes in adult autism evaluations in her online private practice, Adult Autism Specialist. Dr. Martinez is also a tenured faculty member at a major research university in the Midwest, where she has taught graduate-level courses in diagnostic assessment, intervention, and counseling theory.

 

Robert Meagher | NYC Department of Education

Robert Meagher has been a practicing school psychologist since 1988. He attained his doctoral degree from St. John’s University in School Psychology in 2007. He has worked for the NYC school system as a school psychologist conducting evaluations, serving as a district representative at IEP meetings, representing the district at mediations, and representing the district’s interests as both litigator and witness at special education due process hearings. For the past 9 years, he has been in the role of Supervisor for School Psychologists, reviewing evaluations, conducting professional development for school psychologists and school social workers, and overseeing IEP teams regarding classifications, evaluations and services for students with disabilities. Dr. Meagher has mentored many school psychologists in the best educational practices for students with disabilities, has been an instructor at NYU for doctoral level students, and has served as the NYC representative for the New York Association of School Psychologists. He is a prior recipient of (award) and is a member of the board of directors for On Your Mark, an agency for persons with developmental disabilities, and has co-authored the book IEP Workshop: Building Teacher-Parent Partnerships. In his spare time, he has been scoutmaster of a scout troop serving typically developing children as well as those with disabilities.

 

Maxine Checchi | Checchi Law LLC

Maxine Checchi is a practicing special education attorney in New York and New Jersey. She earned her law degree from New York Law School in 2017. Prior to practicing law, her career was with the NYC Department of Education. With over 25 years of experience working for the NYC school system as a teacher, school psychologist, impartial hearing representative and supervisor, Maxine brings a great deal of knowledge of the district’s perspective to her work representing families of students with disabilities.

Her roles within the Department of Education include Supervisor of School Psychologists and IEP Advisor, as well as being a member of a central team that reviewed special education complaints. Before retiring in 2022, Maxine oversaw the work of the Committees on Special Education as Deputy Senior Executive Director of Special Education Services and Evaluations. In this capacity, she was responsible for citywide oversight of the Committees on Special Education, and the processes they followed in identifying students with disabilities and recommending IEP services to students attending preschool, school-age private schools, charter schools, and state-approved non-public schools.

Maxine is an adjunct professor at Yeshiva University, teaching Legal Issues in Special Education to graduate students earning their master’s degree in special education. In her spare time, she enjoys playing piano and her German Shepherd, Ellie.

 

Norma Francullo | Law Office of Norma Francullo LLC

Norma has been a practicing attorney for over 25 years. She is a Special Education and Guardianship Attorney in New Jersey and New York. Norma’s love for the field of special education law comes from her personal experience of being a parent to a child with Dyslexia and a sibling of a developmentally disabled adult. She is an active member of Decoding Dyslexia New Jersey and a Board Member of the New Jersey Chapter of The Reading League. Norma was recognized by New Jersey Family Magazine as one of New Jersey’s Best Lawyers for Families in Education Law from 2019 to 2024. She has taught as an adjunct professor at City University of New York Law School and Rutgers University School of Law’s Education and Health Law Clinic. She is a graduate of St. John’s University where she earned her BA, Queens College where she earned her MA, and City University of New York Law School where she earned her Juris Doctorate.

 

Marc G. Mucciolo | The Busch Law Group LLC

Marc G. Mucciolo is an experienced and well-known education law attorney in New Jersey. For over seventeen years, Mr. Mucciolo’s practice has focused primarily on special education law, general education law, insurance litigation, and employment law.

He is well-versed in all areas of special education law. He has represented school boards statewide both as special counsel and through insurance coverage, advising on IDEA, Section 504, HIB, and civil rights issues. Mr. Mucciolo has successfully tried many special education cases for the benefit of the boards of education he represented, both through formal due process and requests for emergent relief. He is also an experienced negotiator, having participated in many successful settlement and mediation sessions throughout the State.

Mr. Mucciolo lectures frequently on special education topics at the New Jersey School Boards Association Annual Workshops, as well as for NJAPSA, NJASA, ICLE, NBI, and various School Nurse associations. Mr. Mucciolo has provided many in-service presentations to child study teams, teachers/staff, and administrators.

Prior to entering private practice, he served as a law clerk in the Superior Court of New Jersey, Ocean County, to the Honorable James P. Courtney, Jr. J.S.C. (Ret.), and the Honorable Marquis D. Jones, Jr., J.S.C. (Ret.). Mr. Mucciolo is a graduate of Seton Hall University School of Law where he earned his Juris Doctorate, and St. Joseph’s University where he earned his BA. Mr. Mucciolo has been named a New Jersey Super Lawyer in 2023, 2024 and 2025 in School/Education Law.

 

Sherry Wilds | The Law Office of Keith Altman, PLLC

Sherry Wilds is an experienced disability civil rights attorney who has represented clients with disabilities for over 20 years in access to services cases under the Americans with Disabilities Act (ADA) and education cases under the Individuals with Disabilities Educations Act (IDEA). Prior to receiving her Juris Doctor from Nashville School of Law, she received a Master of Education in Curriculum and Instruction and a Bachelor of Science in Special Education from Carson-Newman University.

Sherry has spent her career working to provide opportunities for individuals with disabilities to achieve their potential in the workplace, community, and educational environments. She taught students with disabilities in public schools for ten years and served as an Educational Diagnostician for four years in the Psychiatric Hospital at Vanderbilt. As an attorney, she received the B. Riney Green Award from Tennessee Alliance for Legal Services for her promotion of state-wide collaboration and access to justice. Her collaborative efforts and her client cases resulted in systemic improvements to legislation on provision of anti-seizure medication in school settings and protections from dangerous misuse of restraint and seclusion of students with disabilities as well as changes to dangerous and discriminatory policies in health care settings.

 

Amie Baek | The Law Office of Keith Altman, PLLC

Amie Marie Baek is an Associate Attorney for K Altman Law. With a deep commitment to education law and client advocacy, Amie brings both impressive credentials and a compassionate perspective to our team.

Amie earned her Juris Doctorate from Georgia State University College of Law, where she focused on the intricacies of education law, regulations, and student rights. She is admitted to the North Carolina State Bar, strengthening her commitment to representing clients in her community. Prior to law school, Amie graduated with a Bachelor of Arts in Sociology from the University of North Carolina at Chapel Hill, where she developed a solid understanding of social systems—an insight that continues to shape her approach to law today.

Before joining K Altman Law, Amie served as a Law Clerk at The Law Office of Keith Altman, where she specialized in education law. Her responsibilities ranged from intake for consultations to extensive legal research, complaint drafting, and pre-litigation demand letters. Known for her attention to detail and quality-focused work, Amie efficiently managed complex tasks with minimal supervision, demonstrating her proactive and client-centered approach.

Amie’s experience as a Teaching Assistant for Exceptional Children in Charlotte-Mecklenburg Schools gives her a unique edge in understanding the challenges students face. Working with children diagnosed with ADHD, Oppositional Defiant Disorder (ODD), and autism spectrum disorder (ASD), she supported students academically and socially, aligning her work with Individualized Education Programs (IEPs). This hands-on experience brings a compassionate, informed perspective to her legal practice, benefiting students and families navigating complex educational issues.

Agenda

Session I – Understanding Autism Spectrum Disorder: From Early Signs to Psychological Support | 12:05pm – 1:50pm

  • What is autism spectrum disorder (ASD)
  • Early signs and behavioral characteristics
  • Diagnostic criteria
  • Role of psychologists in autism identification and support

Break | 12:50pm – 1:00pm

Session II – Navigating Special Education Law and Autism: Legal Foundations, Advocacy, and Litigation Strategies | 1:00pm – 2:40pm

  • Federal legal framework for students with disabilities: An in-depth run-through on the key federal laws that govern the rights of students with disabilities in the educational system. This segment will focus on the Individuals with Disabilities Education Act (IDEA), with an emphasis on Part B and the 13 eligibility classifications under federal law. It will also provide a high-level synopsis of additional protections under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Landmark and guiding judicial decisions will be examined to highlight the evolution and application of these laws
  • Educational classification and support considerations for students with autism: A detailed examination of the criteria and processes involved in the educational classification of autism spectrum disorder (ASD) under IDEA. This segment will explore the diverse ways autism presents in students and the range of support typically considered by IEP teams. Discussion will include the practical challenges faced by both families and school districts, as well as legal and procedural constraints that can impact educational planning and service delivery

Break | 2:00pm – 2:10pm

  • Legal strategies for litigating autism-related special education claims: This segment will focus on key considerations and best practices for attorneys representing families of students classified with ASD. Topics will include the importance of addressing communication needs, social/emotional development, and behavioral challenges in litigation. The segment will also explore the IEP team’s approach to evaluations, the increasing prevalence of requests for independent educational evaluations (IEEs), and disputes involving non-public school placements. Additionally, legal implications surrounding requests for specific methodologies such as Applied Behavioral Analysis (ABA) will be analyzed within the framework of FAPE (Free Appropriate Public Education) and procedural safeguards

Session III – Advocating Effectively in Special Education: Legal Remedies and Procedural Insight | 2:40pm – 3:50pm

  • Starting with administrative and local-level remedies, facilitated IEP meetings, and mediation, attendees will gain a clear understanding of when and how to use each option effectively, with a focus on resolving issues collaboratively before formal proceedings are necessary. We will explore the legal underpinnings of each remedy, how to prepare for them, and what families can reasonably expect in terms of outcomes

Break | 3:10pm – 3:20pm

  • The second half of the session will provide an in-depth walkthrough of the special education due process procedure. Beginning with the filing of a complaint, we’ll unpack each step, including resolution sessions, prehearing conferences, evidence exchange, and the hearing itself. Practical guidance will be offered on how to identify key issues, prepare witnesses, understand student rights (including “stay-put” provisions), and navigate interactions with school districts during proceedings. Special attention will be given to post-hearing outcomes and strategies for ongoing communication with the district throughout the due process

Credits

Alaska

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Alabama

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2 General

Arkansas

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2 General

Arizona

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2 General

California

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2 General

Colorado

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2 General

Connecticut

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2 General

District of Columbia

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2 CLE Hour(s)

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2 General

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2.5 General Hours

Receive CLE credit in Florida via attorney submission.
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2 General

Hawaii

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2.4 General

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2 General

Idaho

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2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved for CLE Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

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2 General

Louisiana

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2 General

Massachusetts

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2 CLE Hour(s)

Maryland

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2 CLE Hour(s)

Maine

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2 General

Michigan

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2 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Approved for Self-Study Credits
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

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2 General

Nevada

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2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Approved for CLE Credits
2 General

Oregon

Approved for Self-Study Credits
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Approved for Self-Study Credits
2 General

Virginia

Not Eligible
2 General Hours

Vermont

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2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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