In serious disciplinary incidents, schools are often required to perform a manifestation determination to discern whether the student’s misconduct was a manifestation of his or her disability. The law states that if the conduct is a manifestation of the student’s disability, discipline is inappropriate and discriminatory. These determinations are often straightforward, but there are some tricky situations and disabilities, such as ADHD and the IDEA category of Emotional Disturbance, that can cause confusion and confound school officials. What factors are involved? How what information should schools consider? Who should be involved in the determination?
Please join school law attorney Erin D. Gilsbach as she provides an in-depth look at how the courts have ruled in these challenging situations. Using a case-study approach, Ms. Gilsbach provides insight into litigation trends, identifies what criteria are important to consider in the decision-making process, and delineates what facts are most persuasive to courts. This session is ideal for building administrators, special education administrators, special education case managers, school psychologists, and any other school personnel involved in the manifestation determination process.
WHAT YOU’LL LEARN
Just a sampling of what this webinar will cover:
- Identify the core requirements of the manifestation determination process
- Provide caselaw examples involving disabilities that commonly pose challenges for medical teams, such as ADHD, emotional disturbance, and oppositional-defiant disorder
- Identify the most valuable criteria and information when making a manifestation determination
- Discuss common legal liability issues surrounding the manifestation determination process
- Provide tips and tools that MD teams can use to ensure a fair, legally-defensible process
- AND MUCH MORE!
YOUR CONFERENCE LEADER
Your conference leader for “From ADHD to Emotional Disturbance: Tips and Tools for Handling Tricky Manifestation Determinations” is Erin Gilsbach. Ms. Gilsbach is a practicing school law attorney with the PA-based law firm of Steckel and Stopp. She is an experienced speaker at the state and national levels on matters regarding school law and a frequent author on education law topics. She currently serves as the president of the Pennsylvania School Boards Association (PSBA) Solicitor’s Association and is a member of the board of directors of the National School Boards Association (NSBA) Council of School Attorneys (COSA). Ms. Gilsbach provides a wide variety of training programs, as well as legal consulting services, to school districts, charter schools, non-public schools, and education-related organizations. She specializes in school policy and procedure legal defensibility audits as well as professional development in areas of special education, school technology, nursing and school health services, truancy prevention, child abuse prevention and mandated reporting, educator evaluation and discipline, and many other trending school law topics. Prior to attending law school, she taught high school English. Prior to entering private practice, she served for over two years at the PA Dept. of Education’s Office of Chief Counsel. Ms. Gilsbach was voted by her peers as a SuperLawyers “Rising Star Attorney” for 5 consecutive years and is an active member of and frequent presenter and author for NSBA, COSA, the national Education Law Association (ELA), PSBA, the LRP Institute, the National Business Institute (NBI), the Pennsylvania Bar Institute (PBI), and a number of other legal and educational organizations. She is currently writing a book for LRP publications on school health services that is scheduled for publication in the fall of 2019.
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CERTIFICATES OF PARTICIPATION
EducationAdminWebAdvisor certificates of participation are available to everyone completing this webinar.