Stress-Free IEP® with Frances Shefter, Episode 81
Introduction:
In this episode, Frances Shefter welcomes Randi Johnson, Principal Attorney and Chief Engagement Officer at Gravis Law. Together, they discuss the unique challenges and responsibilities of being education attorneys and how their collaborative approach helps families navigate the special education process.
The Role of Attorneys vs. Advocates:
Randi and Frances discuss the differences between attorneys and advocates in special education cases. In states like Maryland, only attorneys can represent families in due process hearings, while states like Virginia and Washington allow advocates. They emphasize that due process hearings are legal procedures and advocates’ lack of legal expertise can lead to mistakes during the hearing that cannot be corrected on appeal.
Understanding Due Process:
The conversation highlights the complex and risky nature of due process hearings. Frances and Randi discuss the extensive preparation required, such as gathering evidence, preparing witnesses, and adhering to procedural rules. They emphasize the importance of experienced legal representation to avoid costly mistakes that could put a case in danger.
Making Sense of IDEA and Case Law:
Frances and Randi dive into how the Individuals with Disabilities Education Act (IDEA) is shaped by case law and the courts’ interpretation of terms like "denial of FAPE" (Free Appropriate Public Education). They explain the importance of addressing both procedural and substantive violations and how this knowledge is very important in presenting a strong case.
Transition Planning and SSI Benefits:
The discussion shifts to the role that transition planning (starting at age 14) plays in preparing students for adulthood. Randi explains how detailed documentation in IEPs can influence a child's ability to access adult resources, including Supplemental Security Income (SSI). She emphasizes the importance of clearly outlining a child’s needs in the present levels on their IEP and being specific about the accommodations and supplementary aids and services that they receive to avoid gaps in services after high school.
The Power of Clear Present Levels:
Both Frances and Randi stress that well-written present levels of performance are the basis of an effective IEP. They advocate for specifying the supports a child needs, as well as distinguishing between tasks they can perform independently and those that require adult assistance. This level of detail helps ensure the IEP is actionable and accurately reflects the child’s abilities.
Supporting Teachers in the Process:
The conversation highlights the importance of equipping teachers with the resources needed to implement IEPs successfully.
Read the whole summary at: https://shefterlaw.com/2024/12/overcoming-the-challenges-faced-by-education-lawyers-with-randi-johnson
Learn more about Randi Johnson:
* Connect with Randi on LinkedIn: https://www.linkedin.com/in/randi-l-johnson
* Email: rjohnson@gravislaw.com
* Check out Gravis Law’s podcast, “Law Uncomplicated:” https://open.spotify.com/show/1z6aDwDfwCDnLzyMMNIVOx?si=4132beda39a54be0
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Stress-Free IEP®:
Frances Shefter is an Education Attorney and Advocate who is committed to helping her clients have a Stress-Free IEP® experience. In each podcast, Frances interviews inspiring people to share information, educate you, empower you and help you get the knowledge you need.
Watch more episodes of Stress-Free IEP®:
* On website: https://shefterlaw.com/blog
* On YouTube: https://www.youtube.com/channel/UCff0foIeCETrWbtsQSDwckQ
Connect and learn more from your host, Frances Shefter:
* https://shefterlaw.com/#contact-me
* https://www.linkedin.com/in/francesshefter
* https://www.facebook.com/ShefterLawPA
* https://twitter.com/shefterlawpa
* https://www.instagram.com/shefterlawpa