Section 504 in Arizona Today: Stay in Compliance with Today's New Laws & Regulations to Address Student Needs

Credits

Speaker

John B. Comegno II, Esq. Related seminars and products

Comegno Law Group

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John B. Comegno II, Esquire, founder and president of the Comegno Law Group, PC, is recognized as a leading school law practitioner, representing public and independent schools through the Northeast region. He is a member of the bars of the State of New Jersey and the Commonwealth of Pennsylvania, and has litigated special education disputes across the United States. He lectures to professional groups throughout the region and regularly appears as a keynote speaker for national groups across the country.

Mr. Comegno has broad experience in the area of special education and Section 504 litigation. He regularly mediates special education disputes and tries Due Process Hearings. Working closely with directors of special education, case managers and members of child study and IEP teams to quickly deal with special education issues on a day-to-day basis, Mr. Comegno has extensive experience dealing with disability-specific legal issues and is accustomed to providing quick and thorough legal assistance. He provides counsel regarding the eligibility, evaluation, and classification process. Mr. Comegno also has extensive experience in handling union negotiations, Mr. Comegno is involved in a variety of labor and employment issues including confidentiality and reporting requirements for teachers and staff and sexual harassment in the school setting, including teacher-to-teacher, teacher-to-student and student-to-student harassment.

Drawing from hundreds of seminars to thousands of educational practitioners across the country, John’s lectures are equal parts legal/practical guidance and humor, wit and entertainment. Attendees regularly follow John’s lectures on an annual basis and report that his lecture style not only well-informs but also engages entertains.

 

Speaker Disclosures:
Financial: John B. Comegno II maintains a private practice and has an employment relationship with Wake Forest University School of Law. He receives a speaking honorarium and recording royalties from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: John B. Comegno II is a member of the American Bar Association, the New Jersey State Bar Association, the Burlington County Bar Association, and the Camden County Bar Association.

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Objectives

1. Differentiate between IDEIA and Section 504 principles and policy to determine the appropriate educational supports for children with various disabilities.
2. Determine how federal and state law and regulation, and best practices, changed on account of COVID-19.
3. Analyze the policy basis for the major disability laws related to eligibility for special education and/or Section 504 accommodation.
4. Evaluate student mental health difficulties through current needs and identify practical strategies to assist and enable learning.
5. Propose strategies that simultaneously address student needs while limiting the risk of due process and civil rights disability litigation.
6. Determine strategies that properly address behavioral and disciplinary concerns for students with disabilities.
7. Analyze the Section 504 development process to ensure compliance with regulatory requirements and reduce the risk of litigation.
8. Evaluate ethical considerations related to the delivery of special education and Section 504 accommodation services.

Outline

There’s No Place Like Home

• The key to best practice disability accommodation
• Is “more,” better?
• Effective ways to explain the differences between Section 504 and IDEA
• Explore and apply the resource continuum

Section 504 is Different

• Where does Section 504 come from? And why?
• Is Section 504 “law” or “guidance?”
• Most important policy consideration under the law
• How and why the Rehabilitation Act and the Americans with Disabilities Act are different
• How COVID-19 changed practical implementation of Section 504
• Main difference between accommodations and modifications

The Eligibility Criteria Matters—A Lot

• Who’s eligible, who’s not, and why it’s critically important to know the difference
• Criteria best practices today
• How and why the eligibility criteria are different between the “vehicles”

The Note

• Are medical notes “required?”
• Best practice for engaging with medical practitioners
• Diagnosis, prognosis, and treatment plan

Assess Needs

• Who is at the table and who needs to be at the table?
• The difference between assessment and evaluation
• Crucial role of data collection to effective Section 504 decisions

Ten Mistakes to Avoid

• Engaging and entertaining lessons from the road you will never forget

USDOE OCR “Guidance.”

• The role of OCR
• Difference between “guidance,” regulation, and law
• How this guidance changes today’s best practices
• What will come next year?

Mental Health Matters—More Than Ever

• The Anxiety epidemic
• Is the student different? Why?
• Objectively gauging need in the post-COVID-19 world
• Yes, discipline is different!
• Reality of discipline and behavioral intervention
• MDs, FBAs, and other important acronyms
• Why Section 504, instead of IDEA, may be the right choice to accommodate

Ethical Considerations

• Student records issues under FERPA and Section 504
• Confidentiality in data collection
• Ensure those with a “need to know,” know

Everybody Loves a Pony

• What is (and is not) a service animal?
• How to regulate and support students with service animal needs

Case Law Review

• Addressed throughout the day

Target Audience

• General Education Teachers
• Special Education Teachers
• School Administrators
• School Psychologists
• Counselors
• Social Workers
• School Nurses
• Related Service Providers
• Other Helping Professionals that work with Children