See KGK's case featured on Wrightslaw.com.
New Case - Charter School in Contempt, Must Pay $176,722! - Pursuant to the "stay-put / pendency" statute (20 USC 1415(f)), on November 4, 2013, the United States District Court of Arizona held the "tuition-free, public charter" Flagstaff Arts and Leadership Academy in contempt of Court and ordered them to pay $176,722.00 for the child's private placement by November 15, 2013 or face further sanctions. (Click here for ruling of Contempt and Order to pay.)
While the child was enrolled in the charter school, the parent contested the IEP, removed the child to a private placement and requested a due process hearing. The Administrative Law Judge ruled in their favor. The school appealed and the parent's attorney, Hope Kirsch filed a Counterclaim. (Click here for Counterclaim). The Charter School asserted that they could not afford to pay. The Court noted that their problem is "an allocation of resources problem, not an absence of resources." We will keep you posted.
News You Can Use: The Official Blog of Kirsch-Goodwin & Kirsch, PLLC, Arizona's Education Law Firm.
Sunday, November 17, 2013
Thursday, November 14, 2013
Hope Kirsch to speak at Wrightslaw Special Education Law and Advocacy Training
Hope Kirsch has been invited to speak at the
Wrightslaw Special Education Law and Advocacy Training
Friday, November 15, 2013
Wrightslaw Special Education Law and Advocacy Training
Friday, November 15, 2013
Wrightslaw Special Education Law and Advocacy Conference, a Wrightslaw training program featuring Pete Wright, Esq., is being sponsored by the Autism Society of Greater Tucson. This workshop price reflects a grant received from The Arizona Developmental Disabilities Planning Council and has also been underwritten by the Autism Society Greater Tucson, Southern Arizona Network for Down Syndrome and The Arc of Tucson.
The program will be held at:
Casino del Sol Resort, Spa and Conference Center
5655 West Valencia Road
Tucson, AZ 85757
Program Description
One-day special education law and advocacy programs focus on four areas:
- special education law, rights and responsibilities
- tests and measurements to measure progress & regression
- SMART IEPs
- introduction to tactics & strategies for effective advocacy
A day-long hands-on special education workshop designed to meet the needs of parents and professionals serving children and teens with disabilities.
Topics: IDEA history and overview, special education and related services, child find, least restrictive environment, extended school year, mainstream, inclusion, understanding tests and assessments, procedural safeguards, Section 504, prior written notice, and IEPs.
8:00-9:00 Registration and Continental Breakfast 9:00-10:30 Introductions
- IDEA History and Overview
- Section 1400 Findings, Purpose
- Section 1401 Definitions: Special Education, Related Services, LD, etc.
10:30-10:45 Break 10:45-12:00
- Section 1412 Extended School Year, Child Find, Least Restrictive Environment/Mainstreaming/Inclusion, Private Placements, Statewide Assessments
- Understanding Tests and Measurements, and the Bell Curve, Standard Scores, Scale Scores, % ranks, Grade Equivalent, Age Equivalent
12:00-1:00 Lunch 1:00-2:30 The Parent as the Special Ed Manager and Expert
- Section 1414 Evaluations and IEPs
- Section 1415 Prior Written Notice, Procedural Safeguards Notice, Mediation, Due Process Hearing, Appeal, Discipline, Age of Majority
- Section 504, ADA, FERPA
- NCLB No Child Left Behind
- Litigation: Special Ed Caselaw
- S.M.A.R.T. IEPs
- Special Ed Advocacy for the Parent, Advocate, and Parent’s Attorney
- Legal, systemic and “school culture” obstacles to compliance with IDEA-04
- Developing the Master Plan
- Knowing the Rules of the Game
- Recognizing and Avoiding the Fatal Obstacles
- How to Deal with Conflict, a Healthy and Normal event
- Crisis, Emergency, Help
- Organization of the Child’s File
2:30-2:45 Break 2:45-4:00
- Tactics and Strategies
- Rule of Adverse Assumptions
- Private Evaluations
- Paper Trails
- The Letter to the Stranger
- 5 Ws + H + E
- Preparation for Meetings
- Meeting Strategies
4:00-4:30 Questions and Answers
Wednesday, November 13, 2013
Children who are flight risks-New York Times
The attached story is real. If your child is - or may be – prone to running away, make sure a plan is written into the IEP on how to prevent your child from running away, who at the school should be contacted, and when and how to contact you. Ask about training for staff for your child if he or she is flight risk. Ask about measures the school can take to prevent your child from running away, and a plan of action in the event your child does run. Inform the school about triggering events, if you know. You may also want to ask for an FBA. The most important thing to do is to notify the school, including the entire IEP team, if your child is a flight risk.
The Day My Son Went Missing
The Day My Son Went Missing
Tuesday, October 29, 2013
KGK wins another Due Process
KGK wins another Due Process Complaint. The issue in this case was the appropriateness of one special education school over another. The parents disputed a charter school's selection of a private school. The charter school claimed that the school where it wanted to place the child was the same as the school the parents requested. The Administrative Law Judge did not agree with the charter school. The judge found that the private special ed school the parents requested was appropriate for the student, and the one the charter school selected was not. So while schools can select location, the location/school must be appropriate for that child; it must be able to provide the student with a FAPE (Free and Appropriate Public Education). Not all private special ed schools are the same. So while the private school the charter school selected is appropriate for other students, it is not appropriate for this particular student.
Read the full decision Pointe Educational Services.
Congratulations Lori Kirsch-Goodwin!!!!!!!!
Saturday, October 5, 2013
The Reason I Jump
A teenager with autism, Naoki Higashida, invites you into the workings of his mind in the book he himself authored, The Reason I Jump. Just 13 years old at the time he wrote the book, this amazing individual offers an incredible peek into his world -- a world shared by so many on the Autism Spectrum. What a treat for all of us who want to get a glimpse into the minds and worlds of someone special, someone with ASD, who we love.
www.azspecialeducationlawyers.com
www.azspecialeducationlawyers.com
Monday, September 30, 2013
Bullying: Hope Kirsch invited to speak at the AMERICAN BAR ASSOCIATION Conference on Bullying
The AMERICAN BAR ASSOCIATION's 2013 Fall Conference is focusing on BULLYING.
KGK's Hope Kirsch has been invited to speak at the CLE Program:
From the Trenches: Stories and Practical Tips From Those on the Bullying Front Lines
Biltmore Hotel, Phoenix, AZ
Friday, October 11, 2013
11:30 AM – 12:30 PM
This Program will give young lawyers insight into the issues and struggles faced by attorneys and other participants in representing juvenile clients in bullying cases. Speaking from first-hand experience, Program panelists will share their “war stories” in representing and/or interacting with children involved in bullying cases and discuss the particular challenges in working with juvenile clients in the bullying context. Panelists will also provide young lawyers tips and guidance when representing juvenile clients in bullying cases. In recognition of the fact that bullying cases present more than just legal challenges, Panelists will also focus on emotional, psychological, developmental, and school-related issues that may be present and how to deal with them. This Program will arm young lawyers with the tools and background needed to fully comprehend the complexity of bullying cases, and to enable them to better serve juvenile clients in bullying cases.
Presented by the: YLD Public Service Team
Moderator: Casey Kannenberg, Godfrey Johnson, P.C., Englewood, CO
Speakers:
Lee Bussart Bowles, Tennessee General Sessions Court Judge, Juvenile Court Jurisdiction, Lewisburg, TN
Hope N. Kirsch, Kirsch-Goodwin & Kirsch, P.C., Scottsdale, AZ
http://www.americanbar.org/calendar/2013/10/yld-2013-fall-conference/session_descriptions.html
KGK's Hope Kirsch has been invited to speak at the CLE Program:
From the Trenches: Stories and Practical Tips From Those on the Bullying Front Lines
Biltmore Hotel, Phoenix, AZ
Friday, October 11, 2013
11:30 AM – 12:30 PM
This Program will give young lawyers insight into the issues and struggles faced by attorneys and other participants in representing juvenile clients in bullying cases. Speaking from first-hand experience, Program panelists will share their “war stories” in representing and/or interacting with children involved in bullying cases and discuss the particular challenges in working with juvenile clients in the bullying context. Panelists will also provide young lawyers tips and guidance when representing juvenile clients in bullying cases. In recognition of the fact that bullying cases present more than just legal challenges, Panelists will also focus on emotional, psychological, developmental, and school-related issues that may be present and how to deal with them. This Program will arm young lawyers with the tools and background needed to fully comprehend the complexity of bullying cases, and to enable them to better serve juvenile clients in bullying cases.
Presented by the: YLD Public Service Team
Moderator: Casey Kannenberg, Godfrey Johnson, P.C., Englewood, CO
Speakers:
Lee Bussart Bowles, Tennessee General Sessions Court Judge, Juvenile Court Jurisdiction, Lewisburg, TN
Hope N. Kirsch, Kirsch-Goodwin & Kirsch, P.C., Scottsdale, AZ
http://www.americanbar.org/calendar/2013/10/yld-2013-fall-conference/session_descriptions.html
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