Special Education: A Legal Primer for the Non-Educator 2026

  • OnDemand seminar
Up to 3.5 Credit Hours
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Special Education: A Legal Primer for the Non-Educator 2026

Eligibility, evaluation, and education

What rights do children with disabilities and their parents have when it comes to education? What obligations do schools need to fulfill when educating students with special needs? If you don’t practice education law every day, it’s not always easy to determine where school-related concerns become legal problems.

Special Education: A Legal Primer for the Non-Educator helps you do your homework on the state and federal laws applicable to special education and protections for students with disabilities.

Good IDEA

Examine two of the main provisions regarding education for children with special needs – the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. You’ll review the eligibility requirements for each and assess how the two provisions diverge.

8:30 am
The History of Disability Law in Schools
  • Caselaw supporting the rights of students with disabilities
    • Pennsylvania Association for Retarded Citizens v. Commonwealth
    • Mills v. Board of Education of the District of Columbia
  • The Education for All Handicapped Children Act (EHA)
  • Section 504 of the Rehabilitation Act of 1973 (Section 504)
  • The Individuals with Disabilities Education Act (IDEA)
9:00 am
Section 504 and the IDEA- What’s the Difference?
  • Section 504
  • IDEA
9:15 am
Public Schools’ Obligation to Locate and Identify
  • Child find activities
  • Referrals for evaluation
    • Mandatory referrals
    • Permissive referrals
  • School response to referrals
9:45 am
Post Referral: The Evaluation Process
  • Identifying the Individualized Education Program (IEP) Team
  • Review of Existing Data Comprehensive evaluations
  • Consent for Evaluation
10:15 am
Break
10:30 am
Eligibility Determination
  • The 12 eligibility categories
  • Reaching consensus
  • Independent Educational Evaluations (IEEs)
11:00 am
Individualized Education Program (IEP)
  • Components of the IEP
  • The Free Appropriate Public Education (FAPE) Standard
    • Rowley v. Hendrick Hudson School District
    • Endrew F. v. Douglas County School District Re-1
  • Consent for Implementation of an initial IEP
  • Annual IEP review
  • Parent or District Initiated IEP reviews
  • Revocation of consent
11:30 am
Procedural Safeguards
  • IDEA State Complaint
  • Due Process Hearing
  • Mediation
11:40 am
Special Issues in Special Education
  • Restraint and Seclusion
  • Shortened Days
11:45 am
Program Concludes

  • Distinguish Section 504 of the Rehabilitation Act from the IDEA
  • Spot referral, evaluation, and eligibility issues before they result in disputes or delayed services
  • Explain IEP requirements and FAPE standards in terms that clients can understand and act on
  • Identify when an issue may call for deeper investigation, outside resources, mediation, or a due process hearing
  • Get up to speed on school-related disability questions that overlap with other practice areas
  • School lawyers
  • Family lawyers
  • Children’s court lawyers
  • Disability rights lawyers
  • Civil rights lawyers
  • Government and municipal lawyers
  • Guardians ad litem for minors
  • Guardianship lawyers

Book Bonus!

Recognizing and Serving Clients with Mental Health Concerns: A Wisconsin Guide
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