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