FARE Webinar March 12, 2014

[ajasfolks2]

Just so folks reading in SCHOOLS don't miss this --

FARE Webinar next week

Your Right to Be Safe: Food Allergies and the Law
Speaker: M. Tess O'Brien-Heinzen
Wednesday, March 12, 1 p.m. ET


FARE webinar - Accommodations for FA in schools & workplace

[maeve]

I really want to do this webinar but it's in the middle of the work day. I wish they would schedule them like KWFA does, in the evening.

[twinturbo]

M. Tess O'Brien-Heinzen profile

Managing Disabilities in the College and University Setting: How New ADAAA Requirements Affect 504, Education Admin Web Advisor,  January 2012, April 2012

I'm going to do my best to make it. Maybe I can lock the kids and myself in one room for the hour.

[twinturbo]

Very, very basic thus far. Hoping she has something more insightful about postsecondary but we're already at the halfway point.

Honestly, not much more on college other than must self-identify and reasonable standard kicks in. That was about it.

[daisy madness]

I listened and found it to be pretty basic as well (and I'm a relative newbie).  She did briefly touch on reasonable vs necessary in education.   I sent her an email with my specific situation.  I'll let ya'll know if she answers.

[twinturbo]

Yeah, when she first used "reasonable" I sent a direct private message to clarify that according to 504 primary and secondary schools.  They messaged me back when she circled back to it.

Q: Ms. O'Brien-Heinzen used the term "reasonable", can she speak to her use of reasonable to what is written about the reasonable standard in federal regulations? It is a standard reserved for employment and postsecondary institutions. I believe specifically Subpart D the reasonable standard is not applied to primary and secondary school, i.e., FAPE for mandatory ages.

A: Answering this now

[twinturbo]

I listened and found it to be pretty basic as well (and I'm a relative newbie).  She did briefly touch on reasonable vs necessary in education.   I sent her an email with my specific situation.  I'll let ya'll know if she answers.

You'll get a standard answer that she can't give you advice because she only practices in her state but she will explain the law. When in doubt rephrase the question to reflect that nature, put it in a hypothetical, etc.

Having said that if you get to a sort of standstill where she doesn't have an answer (that's *if*  for fresh thoughts, eyes) or gets caught up in the can't give advice on specific situations ask what the law says, and what the OCR's actions become if you tried to slightly amend a complaint to one of violation of procedural safeguards. Really, OCR should have offered this if it they were aware of it but the regional office where you are sounds like they have a case of the fraidy cats.



Looking at my notes I did lift a couple of items to look into further.

1. DOT, airlines and ACAA. Congress is the limiting factor according to the lawyer.
2. Her opinion is LTFA does usually fit under OHI in an IEP. I know many of us have had a wide array of responses from our LEAs with regard to that.
3. Use of FOIA to request records to determine if a school is a recipient of federal financial assistance. Or, a direct written request.

Generally speaking she was a real trailblazer in the late 1990s for requesting eligibility for 504 in public schools for LTFA. I might mail her later to follow up on the jurisprudence through case law she mentioned to get her perspective on what sources she considered. There's good reason for this.

Some of the disability in education legal gurus like Pete Wright are concentrated largely on the IDEA because the composition of special education law is through the IDEA, Section 504 is relatively much smaller portion. LTFA creates a reliance almost exclusively on Section 504, so the materials that Wrightslaw puts out and provides training on is mainly applicable to the depth of the IDEA. Very little is devoted to 504 in comparison.

Therefore lawyers like O'Brien-Heinzen and Francoeur already have that specialization going in knowing the concentration will be on 504, and also the dual experience as a lawyer and as a parent.

BTW, I have no idea why they made a big deal about giving out her email. She makes her V-Card available for download on the practice's website.  For that matter I can quit whining about not enough college talk at the FARE webinar and just read her many articles already published.

[twinturbo]

Check this one.

Managing Disabilities in the College and University Setting: How New ADAAA Requirements Affect 504, Education Admin Web Advisor,  January 2012, April 2012

http://www.educationadminwebadvisor.com/schedule/detail/managing-disabilities-in-the-school-and-university-setting

It's an expensive recorded webinar that I can't afford. However, perhaps a certain professor can put in a request for the CD that he can bring home and view. I'm legitimately concerned that the vast majority would be ADAAA basics regarding eligibility, the IDEA and FAPE for K12, and only touching on college again by bringing in the reasonable standard and self-identification because Child Find ends at FAPE.

Edited to add more blathering while I'm on topic.

So, at end of the webinar the screen moves to a rating system with comment section. I gave it all high marks, including FARE saying I joined as a member after and also registered for the June conference (I did, in fact). Then I requested/suggested webinars that go beyond the basics for support groups that would like to train up advocates, additionally that while we appreciate such experienced private attorneys, hosting webinars with actual OCR and DOJ staff attorneys would be incredible opportunities as well.

Then I thought about it a bit. Some of the wiliest defense attorneys for criminal law are former prosecutors. Wouldn't it be great to have some former principals, superintendents provide guidance based on their experience?