AREAS OF SERVICE

The LaPointe & Butler firm specializes in representing over 150 Michigan local and intermediate school districts in special education, Section 504 and related matters. This representation has involved assistance with problems relating to identification/evaluation, IEPCs and due process hearings, as well as addressing problems in the areas of least restrictive environment, private placement issues, services to medically fragile students, early on services, disciplining students with disabilities, and the handling of complaints.

A more detailed description of specific service areas follows:

Implementation of IDEA-97:

• providing in-service training on the changes from the prior law
• assisting school districts in revising/creating forms to comply with IDEA-97, including:
• assessment plans
• IEP forms
• Manifestation determination review forms
• Procedural Safeguards Notices

Assistance with due process hearings and litigation:

• consulting on hearing officer selection
• Assessing cases for hearing
• assisting school administrators in the presentation of their case
• consulting with general school counsel
• getting records from the parent
• representing districts at pre-hearing conferences and hearings
• representing districts through all phases of litigation in state and federal courts

Advising districts on parental abuse of special education processes:

• inappropriate requests for independent educational evaluations
• turning an IEPC into a mini hearing
• making inappropriate requests for a due process hearing
• filing inappropriate ISD, MDE, or OCR complaints
• generally harassing professional and administrative staff

Assistance with least restrictive environment (LRE) issues:

• consulting on the development of plans for integrated programs
• dealing with OCR complaints/OCR representatives
• determining LRE for hearing impaired students
• advising on the limits for inclusion

:Advice on private placement issues

• determining a district's obligations under IDEA when the student is parentally placed
• advising as to IDEA-97 and Auxiliary Service Act implications
• assessing whether placement is needed for educational or non-educational reasons
• identifying other sources of money

Advice on medically fragile students:

• assisting districts in obtaining necessary medical information
• determining the extent of the obligation to provide services
• advice on problems with student's physicians/insurers
• consulting on how services can be provided while minimizing potential liability risks
• advice on do not resuscitate (DNR) orders

Assistance with 504/ADA issues:

• advising districts on how to respond to parent demands under 504 and/or ADA
• assistance in developing 504/ADA policies and procedures
• conducting ADA self-evaluations

How to implement Early-On services to handicapped infants and toddlers:

• interface with federal and state special education law
• drafting inter-agency agreements
• sharing records with other provider agencies
• advising how Part C of IDEA-97 differs from Part H of the prior law
  

Current hot spots:

• IDEA/Section 504 obligations to ADD/ADHD students
• transition programming
• handling assistive technology requests, e.g., computers, facilitated communication, augmentative communication devices, etc.
• interpreting and applying IDEA-97, especially with regard to evaluations, IEP's and discipline
• Lovass requests
• extended school year (ESY) requests

Suspension and expulsion of students with disabilities:

• advising districts on implementation of state law and IDEA-97
• addressing the question of whether the behavior is caused by the handicap
• development of district policies and checklists
• seeking interim alternative placements under the "dangerousness" exception
• injunctive relief through court action
• alternatives to discipline policy, e.g., behavior modification plans
• policies/procedures regarding the use of aversive techniques

ISD plans:

• representing ISDs in hearings regarding objections to ISD plans
• advice on the authority of the PAC
• validity of specific ISD plan provisions
• model contracts with local districts re: programs

Family Educational Rights and Privacy Act (FERPA)/confidentiality issues:

• child abuse laws
• AIDS
• procedures for destruction of educational records
• responding to requests for copies of test protocols/answer sheets

Inservicing districts:

• on any of the above topics
• developing and presenting tailor-made programs to meet unique in-service needs

Representing districts before the Department of Education:

• complaints
• requests for deviation/waivers
• state aid disputes

No Child Left Behind

IDEA Reauthorization

If you have questions or comments on the above, drop us an e-mail! admin@spedlaw.com