SLIDE 1
SEAL THE GAP:
EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR DEFENSE
SEAL THE GAP: EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR - - PowerPoint PPT Presentation
SEAL THE GAP: EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR - - PowerPoint PPT Presentation
SEAL THE GAP: EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR DEFENSE SEAL THE GAP: EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR DEFENSE Why should you include an educational advocate on your defense team?* SHES NOT ENGAGING
SLIDE 2
SLIDE 3
SEAL THE GAP:
EDUCATIONAL ADVOCACY IS A MISSING PIECE OF YOUR DEFENSE
SLIDE 4
Why should you include an educational advocate on your defense team?*
“SHE’S NOT ENGAGING WITH SCHOOL, SO I’M GOING TO ASK THE JUDGE FOR . . . ” IF ONLY I HAD . . . AM I JUST GOING TO SEE HIM IN 6 MONTHS?
SLIDE 5
* Also, it’s a part
- f OADC
attorneys’ contracts
SLIDE 6
Collateral Consequences of School Disengagement
Compounding Mental Health and Social Issues A c a d e m i c R e g r e s s i
- n
Discipline Unfavorable Records Unfavorable Records & Discipline à Compounding Legal Issues T r u a n c y & D e l i n q u e n c y ( S c h
- l
t
- P
r i s
- n
P i p e l i n e )
SLIDE 7
Still not convinced…?
SLIDE 8
SLIDE 9
SLIDE 10
Top 5 Education- Related Issues
- 1. Can my client be expelled?
2.Ok. Now what?
- 3. Does an IEP really matter?
4.Does not having an IEP really matter?
- 5. Now what? Then what?
SLIDE 11
1) Can my client be expelled?
Probably.
SLIDE 12
Disciplinary Code: § 22-33-106
- “Behavior on or off school
property that is detrimental to the welfare or safety of other pupils or of school personnel”
- “willful disobedience”
- “habitually disruptive”
SLIDE 13
Disciplinary Code:
§ 22-33-106 (1.5)
“a student who is determined to have brought a firearm to a school, or to have possessed a firearm at a school, shall be expelled”
“except that a superintendent . . . may modify this requirement for a student on a case by case basis”
SLIDE 14
2) Ok. So…my client is expelled. Now what?
SLIDE 15
Disciplinary Code: § 22-33-105
Let’s engage in a thought experiment…
SLIDE 16
But, Elie, this begs the question(s)…
W h y w
- u
l d p r
- l
- n
g i n g t h e i n e v i t a b l e e x p u l s i
- n
h e l p m y c l i e n t n
- w
? How would prolonging the inevitable expulsion help my defense of the client?
SLIDE 17
SLIDE 18
SLIDE 19
3) Does an IEP really matter?
SLIDE 20
The Art
- f
the IEP
SLIDE 21
What is an IEP?
SLIDE 22
If an IEP exists
- Source of records/evals
- Source of guaranteed
services
- Argument for high
school program/placement
SLIDE 23
4) Does not having an IEP really matter?
Duh.
SLIDE 24
Pop Quiz!
Remember when you asked whether your client could get expelled for _______? Well, can they get expelled for _______?
SLIDE 25
Answer
Probably… …but if they have an IEP, they have additional due process rights before they can be expelled.
SLIDE 26
Power of the MDR
SLIDE 27
Power of Progress Monitoring and Regular Data over time
SLIDE 28
Power of IDEA Violations
SLIDE 29
- So. Much. Power.
SLIDE 30
5) Now what? Then what?
C h a l l e n g e e l e m e n t s C
- m
p e t e n c y Mitigation
D i r e c t F i l e a n d T r a n s f e r F a c t
- r
s
C l i e n t w e l l
- b
e i n g
SLIDE 31
But does this actually help?
SLIDE 32
…but I don’t have a direct file, and I would prefer my client not spend 3 years in YOS…
SLIDE 33
What cases should I flag as good cases for involving an educational advocate?
SLIDE 34
I’m trying to save time…
SLIDE 35
Who should I contact to take advantage of this indisputably amazing resource
- Elie Zwiebel
- Matt Sandler
- Jacque Phillips
- Stacie Colling
- Effie Seibold
- Sheri Danz
SLIDE 36
Questions?
SLIDE 37
Educational advocacy is part of a holistic approach Thank you!
Elie Zwiebel 720-772-1731 eliezwiebellaw@gmail.com / elie@cjdc.org