Legally Blind Justice Podcast

timothymarkley@kaltmanlaw.com

A legal podcast discussing school and college issues that impact students and their parents. We focus on helping students navigate school discipline, Title IX, academic and other issues.

  1. 06/02/2025

    Decoding Due Process: The Legally Blind Justice Podcast Episode 41

    Summary: This conversation explores the intricacies of due process in special education, emphasizing the significance of comprehending the legal framework, mediation, and the hearing process. The speakers emphasize the importance of parental advocacy and preparation to navigate disputes effectively, ensuring that children receive the educational services they are entitled to under the law.   Takeaways Due process is essential when parents and schools disagree on special education services. Mediation can often resolve disputes before they escalate to due process hearings. Parents should prepare thoroughly for due process to level the playing field against school districts. The burden of proof in due process hearings lies with the claimant, usually the parents. Documentation and evidence are critical in supporting a case during due process. FAPE guarantees that all students receive a free and appropriate public education. Retaliation against parents for filing due process complaints is a violation of constitutional rights. Understanding failure points in a case can significantly impact the outcome of a hearing. Parents are encouraged to seek legal representation to navigate the complexities of due process. The hearing process involves presenting evidence and witnesses to support the case.   Sound Bites "You need help in due process hearings." "The burden of proof is on the claimant." "Documentation is crucial for due process." Keywords: Due process, special education, mediation, hearings, FAPE, parental rights, education law, advocacy, IDEA, legal representation www.kaltmanlaw.com

  2. 05/05/2025

    Navigating Extended School Year Services for Students: The Legally Blind Justice Podcast: Episode 40

    Summary This conversation provides an in-depth overview of Extended School Year (ESY) services, emphasizing their importance for students with disabilities. The discussion covers the definition of ESY, its individualized nature, eligibility criteria, goals, service delivery models, and the curriculum structure. The speakers highlight the benefits of ESY, including preventing regression, maintaining skills, and providing consistency. They also discuss the flexibility of ESY programs and the importance of collaboration and data collection in ensuring effective support for students. Real-life examples of ESY plans are shared to illustrate how these services can be tailored to meet individual needs. Keywords Extended School Year, ESY, special education, individualized support, eligibility criteria, goals, service delivery, curriculum, benefits, collaboration Takeaways ESY is essential for maintaining meaningful progress for students with disabilities. Individualized support is crucial in the IEP process. ESY is mandated by IDEA and must be discussed annually. Eligibility for ESY is determined on a case-by-case basis. The primary goal of ESY is to prevent regression of skills. ESY programs can include various services outlined in a child's IEP. Flexibility in ESY programs allows for better adaptation to individual needs. Data collection during ESY is vital for tracking progress. Collaboration among educators enhances the effectiveness of ESY. Real-life examples demonstrate the individualized nature of ESY plans. Transcript The transcript is AI-generated and may contain transcription errors. Welcome back to another episode of the Legally Blind Justice Podcast, where we bring clarity to the law—and justice to education. I’m your host, Tim Markley. Today’s episode tackles a topic that matters deeply to families of students with disabilities—Extended School Year services, or ESY. As school districts tighten budgets and families navigate special education with increasing complexity, understanding what ESY is—and what it is not—has never been more important. Joining us today are two of K. Altman Law’s most dedicated special education advocates, Crystal Ash and Lindsay Oram. They’ll walk you through the core purpose of ESY, break down the myths, and explain how these federally mandated services can prevent skill regression and help maintain consistency for students during extended breaks. Whether you’re a parent wondering how to advocate for your child, a teacher trying to understand what your students are entitled to, or a district administrator hoping to ensure compliance with IDEA, this episode is your guide. Let’s dive in with Crystal and Lindsay as they explain what ESY is, how it’s determined, and why it’s more than just “summer school.” All right. Hi, everyone. Welcome to our K. Altman Law Extended School Year Services webinar. I'm Crystal Ash. I'm here as one of our special education advocates and I have Lindsay Oram, also a special education advocate here with me tonight. So our webinar is really to just kind of go over what ESY or Extended School Year Services are. and just kind of talk about the different options that you might have for services outside of the standard school year that can help your student or your child or anyone in your life that needs a little bit extra push outside of the regular school year really just get what they need and help their needs be met. So like I said, I'm Crystal Ash, Lindsay Oram here. We're both special education advocates with K-Alp and Law and our objectives for ⁓ kind of what we're Going over tonight, our purpose is just to kind of give you a very general overview of what ESY is as a whole. What can be included in ESY programming and the benefits that ESY can provide to a student with a disability. So just a very quick overview of what those three objectives are. What is ESY? We're going to kind of look at an overarching view of what ESY is, what's included, what, you know, extended school year even means, what the timeframe for that is.   and generally kind of what you're looking at for ESY in most states and districts. What ESY includes, this will be kind of a typical overview of the kinds of programming that you can see, you know, the where, when, why, how, what most states and most districts can offer for ESY. And then the benefits of ESY, again, kind of those overarching, very general benefits that ESY is meant to provide. And of course, each of these aspects will be individualized. It'll be different for every state, every district, every school and every child, because these are all different. And the programming that your child receives is individualized and independent. So we're really here to just give you an overview of what ESY is in general. And then if you feel empowered and you feel like it is something that your child could benefit from, then you have kind of a starting point to... go to your specific state or district agency to look into ESY a little bit more in detail. So let's start off with what is extended school year? Special Ed teachers and those of us that live in brief special Ed tend to maybe start off away too many abbreviations and way too many letters and expect everyone to know what we're talking about. So first of all, extended school year is a federally funded program. It's not extended school year. it doesn't mean all just during the summer. It can mean any time in the year. So IDEA has funds that will help ensure those students with disabilities can receive their free appropriate public education. So it's part of faith. And just so that school year, if need be, can be extended beyond whether it be spring break, Christmas break, summer break.   Thanksgiving break if yours is long in your area, all those things. It is typically a shortened schedule. ⁓ It's not an eight to three. It's not long and exhausting for kids. It is, we all know that kids do need a little bit of a break. So it's typically shorter than the average school break or school day. And ⁓ because there's less kids too, and they're usually working on. Just a few things that make that we need to work on to ensure that we don't lose skills or we don't put a hiccup in the gaining of skills. ESY is not when size fits all. So there used to be a time when districts would be like, OK, we'll just set up our ESY school year and we'll put these ingredients into it and it will work for everyone. And that's not what it is. It is.   Just like your students IEP, it is a recipe for what your student needs during that break. So it's a specialized program. It is not summer school. Now there can be fun things about it and they may go on a field trip or two, but it is not summer school. is a specific program for your students. ESY versus summer school. So. ESY is actually mandated. The team has to talk about it every year. We have to look at if there's a need for it. So it's mandated by IDEA. ⁓ And so students may just need it. Can a parent opt out because they need a break because their student needs a break? That's an option, but it is IDEA mandates that ESY be discussed and that the team decides which best for each child. Summer school. is optional and it's often enrichment. For example, I had my own children that were involved in English language learners. They were actually, they did a dual language program. So my students, my kids' home language was English, but we lived in an area that was high Spanish speaking area. So they had a dual language program and in that dual language program, was summer school options so that the kids could come in and be enriched in both languages during the summer. That was enrichment. Sometimes there's science summer schools that go above and beyond. So not something that's mandated. ⁓ ESY is, like I said earlier, individual to each student. Summer school is that one side-stitch-all that a teacher would really like to do this program over the summer or these field trips or these science projects or these reading these library trips. Those sorts of things. ESY focuses on maintaining skills. That's huge. We want to maintain skills. We may not always build skills. We could, but the school doesn't have to prove that that the student has built skills. The school just needs to make sure we don't lose. We don't regress. We don't put a hiccup in our ability to start to continue growth. A lot of times a break may come when speech is just on the verge of doing well and just on the verge of making a big gain or it may come when reading is like right there for a student or if it's occupational therapy, maybe some of those skills are just coming and if a break comes and interrupts that growth, then that's where ESY would come into place. it focuses on maintaining those skills or maintaining the growth curve that that the school year has produced. Summer school office often focuses on remediation, catching up or like we said earlier, even enrichment. Yes, why is based on a team decision that EP team that will meet and summer school is usually open enrollment or based on grades, sometimes on like a social economical need. Yes, why is free to eligible students?   Summer school can be fee based or have some other strings attached to it. Oftentimes like a grant pays for it because they'll feed the kids or something. ⁓ summer school may be free because there's a food grant, but often it's, know, summer school, have to pay the teachers out of the district's pocket. So they have to find that money somewhere. IDEA provides funding for ESY. So that's why it's different there. Eligibility guys, this is the big one. This one is the one that sometimes districts may have districts may remember. They think it costs, you know, costing money and resources and gathering resources and things that's hard. So school districts can be real sticklers on the eligibility piece. So this is where it's really impo

  3. 04/07/2025

    Navigating K-12 Discipline: What Parents Need to Know: Legally Blind Justice Podcast: Episode 39

    Keywords: K-12, discipline, student rights, school suspensions, due process, education law, advocacy, special education, school policies, parent rights, legal protections   Summary: This episode of the Legally Blind Justice podcast delves into K-12 discipline, focusing on the rights of parents and students, the historical context of school discipline, types of disciplinary actions, and the importance of due process. The discussion includes insights from legal experts on navigating school policies, advocating for students, and understanding the implications of disciplinary actions on future educational opportunities.   Takeaways Parents must understand their rights regarding school discipline. Schools often have legal teams that parents should be aware of. Due process is a fundamental right for students facing discipline. Historical cases shape current student rights in schools. Different types of disciplinary actions include suspensions and expulsions. Students with disabilities have additional protections under IDEA. Parents should document all communications with schools regarding discipline. Advocacy is crucial for navigating school disciplinary processes. Understanding school policies can help in advocating for students. Disciplinary actions can affect a student's future educational opportunities. www.kaltmanlaw.com

  4. 03/25/2025

    Navigating Special Education Advocacy: The Legally Blind Justice Podcast: Episode 38

    Keywords: special education, disability rights, IDEA, Section 504, advocacy, school discipline, legal protections, manifestation determination reviews, educational law, parent rights Summary This conversation delves into the complexities of special education advocacy, focusing on the legal frameworks that protect students with disabilities, the differences between IDEA and Section 504, and the importance of proper disciplinary procedures. The discussion highlights the challenges faced by students with disabilities in school settings, the role of parents in advocating for their rights, and the impact of significant court cases on educational policies. Additionally, the conversation addresses the future of special education protections amidst potential changes in federal oversight. Takeaways Students with disabilities face disproportionately high rates of discipline. IDEA ensures a free and appropriate public education for students with disabilities. Section 504 provides protections against discrimination for all students with disabilities. Legal action should be a last resort; creative solutions are preferred. MDRs are required for disciplinary actions exceeding 10 days. Parents must be involved in the MDR process and ask critical questions. Schools must follow procedural safeguards before disciplining students with disabilities. Goss vs. Lopez established due process rights for all students. Honig vs. Doe reinforced the need for proper evaluations before disciplinary actions. The future of special education protections may be uncertain with potential changes to the Department of Education. www.kaltmanlaw.com  Transcript: The transcript is autogenerated and may contain transcription errors. Tim Markley (00:21) Welcome to the Legally Blind Justice podcast. I'm your host, Tim Marfleet. And in this episode, we're going to discuss special education discipline and due process issues. with Taylor Ruiz, who heads up the special education team at K. Altman Law, and Keith Altman, who is the founder of K. Altman Law. Tim Markley (00:40) Today we'll be covering legal considerations, best practices, as well as practical advice for schools, parents, advocates, and anyone in the special education realm. Let's get started. The agenda for today, we're going to discuss why this matters. For example, why are these laws important in the special education space? Why is it important to advocate for students with disabilities in terms of discipline and why do we discipline students with disabilities differently than their neurotypical peers. Then we're going to get into the legal framework of IDEA and Section 504. After that, we'll discuss MDRs, which are called Manifestation Determination Reviews. Then we will get into procedural safeguards and parents' rights. And then just some feedback and commentary on some special case laws that shape discipline for students with disabilities. And then lastly, we'll discuss how K-Outman can help. So getting into why this matters. It's truly important to understand the relationship between disability and discipline in schools. But why does it actually matter? Students with disabilities, they face a disproportionately high rate of school discipline when compared to their non-disabled peers. Schools have to balance discipline with the federal protections under the IDEA and Section 504 guidelines. Certain missteps in disciplining students with disabilities could lead to lawsuits, due process hearings, and violations of student rights. Now, Keith, let's start with a big question. Are you ready? Sure, let's go. Okay. Why are students with disabilities more likely to face disciplinary actions in schools? Well, as a general proposition, many of the common disabilities that students face, and for example, ADHD is incredibly common, is their way of processing the world around them, or autism is an even bigger problem. Their way of processing the world around them is different than other students. They tend to not understand social cues. They tend to be impulsive. In nature, they tend not to appreciate the consequences of their actions in the same way that other students that other students may do that. In addition, some of them are less are developmentally challenged and are less sophisticated than the other children around them. They are easily manipulated, shall we say, and can be prompted to engage in behavior and conduct that is not appropriate. And so it is generally true that these students, they've got a tough enough time getting through the day and then you throw trying to conduct themselves on top of that makes for a very, very difficult time. Absolutely. I agree. And you know what, in a lot of research that I've done, the data shows a trend that these students typically struggle with behavioral expectations due to their disabilities. In the vast majority of cases that I've seen and that I've been involved in, a lot of times schools don't have access to the proper interventions that these students need in place. So in my mind, that can lead to more unfair disciplinary actions. So it's not just about student behavior, but also about how the schools respond to the behavior. So let's talk about the legal protections that should be in place to prevent these issues, which leads me into IDEA, which is the Individuals with Disabilities Education Act. This act protects students with IEPs, which are also known as individualized education plans, to ensure a free and appropriate public education or FAPE to ensure that that happens. Okay, Section 504 prohibits discrimination, and it applies to students with disabilities, even if they don't have an IEP in place. You know, a student who as a temporary disability, maybe something like a broken leg could get a 504 plan. That was something new and interesting that I'd Procedural safeguards, school districts and IEP teams or 504 teams always provide parents with the procedural safeguards at the meeting. And then you, a lot of times will sign for those procedural safeguards. One thing that I've noticed is that a lot of times they're not gone over in depth. And unless you have a law degree or a special ed degree, it's kind of hard to navigate that, right? But those procedural safeguards are in place and schools must follow them before disciplining students with disabilities. In addition to that, you can always look at the school districts discipline matrices on their website. You can also look at their policy for disciplining students with disabilities. Those will help you navigate the process. In terms of procedural safeguards, those safeguards are put in place to outline what the process should be. But the details are kind of decided by the specific school district. They just must meet IDEA or Section 504 standards at the minimum. So I do have a question for you, Keith. Just about IDEA and Section 504, I've been in education for quite some time and you've been in the legal field also in education, but everybody sees it a little bit differently. In your mind, what do you think the difference is between IDEA and Section 504? Well, I think the key difference really relates to the school's responsibility with respect to the student. Under IDEA, one of the key aspects is that the school must be on the lookout for children who are having difficulties and who may be at risk of not getting a FAPE education. And 504 is a little bit different. It's meant to be more students who need just some assistance with the peripheries of trying to get their education. As you said, a student who breaks a leg who needs some assistance or a student that is in a wheelchair, it doesn't really affect their education per se, but they need to be able to get around to their classes. They need some additional time. In terms of, you know, I look at it kind of simplified with an IEP and IDEA, the school has a lot of burden that it must follow in terms of being able to ensure that students receive the education. a 504, the burden's more on the parents to ask for things that they need. Now, clearly, and I'm sure that you'll go over them, clearly there are very specific differences between the two. And I know that you're putting up the grid, at least I think you are, because as some of you may or may not know, I am...essentially blind. lost my vision a few years ago, so I can feel for what many of these students are going through and unfortunately I can't read that screen. But why don't you take them through the essential differences because I think that there are finer points to it. But I will say in the end, this is about kids. It's not about adults. It's not about laws. It's about we have a kid here who needs some help. How do we get them the help that they need? And how do we help protect their day to day involvement in an educational institution? That's really what it's at. I try to focus on that at all times and not get so wrapped up in the words. Absolutely, and just to kind of reiterate your your point here, IDA applies specifically to students with an IEP, right? That's correct. then you've got Section 504 is kind of like more broad and it was designed to prevent discrimination based on disability, even for those students without an IEP. So I think the way you explained it was really great because I even got a little bit more insight on Section 504 as it relates to IDEA. So to me, that means that schools have to be mindful of both laws IDEA and 504 when handling discipline. You know, what happens when they don't follow these proper procedures? Like what is what is a school's responsibility? You know, is that when the parents take legal action or what would the next step be at that point, Keith? Well, legal action in my mind is the absolute last stage. I say to people all the time, you want to be a graduate or a litigant. The goal is to try to find creative, productive solutions to problems. And I know that many parents may be frustrated that they don't see

  5. 03/03/2025

    Understanding Functional Behavior and Discipline: The Legally Blind Justice Podcast: Episode 37

    Legally Blind Justice Podcast: Understanding Functional Behavior and Discipline Join host Tim Markley and the special education advocacy team at K Altman Law as they explore the critical role of Functional Behavior Assessments (FBAs) and Behavior Intervention Plans (BIPs) in supporting students and promoting positive behavioral change. Featuring special guest Michelle Guffey from New Horizons Educational Group, this rebroadcast of an insightful webinar dives into the FBA process, legal rights, effective interventions, and the latest DOE guidance. Learn how data-driven strategies can help address challenging behaviors, reduce disciplinary actions, and ensure schools provide the necessary support for all students. Whether you're a parent, educator, or advocate, this episode is packed with valuable insights to help navigate the complexities of special education and student discipline. 📌 Subscribe now and stay informed on legal and educational topics that matter! Need assistance? Visit www.kaltmanlaw.com or call 248-817-8510.   Transcript: The follow transcript is autogenerated and may contain transcription errors.    Tim Markley (00:20) Welcome to the Legally Blind Justice podcast. I'm your host, Tim Markley. In this episode, we're going to talk about functional behavior and its role in discipline. This will be a rebroadcast of a webinar held by our special education team in which they were joined by Michelle Guffey of the New Horizons Education Group. So sit back and enjoy the podcast.   Hi everyone, my name is Sarah Loteck. I'm one of the special education advocates here at K Altman Law. And today we're going to be doing a webinar on functional behavioral assessments and behavior intervention plans. We also have a guest, Michelle Goofy. She's from New Horizons Educational Group and she's going to be joining with us and presenting as well. Today we're going to discuss functional behavior assessments and behavior intervention plans and the new DOE guidance on those. All right, Sarah, take it away.   Okay, so first as an introduction, today we're going to be presenting, it's going to be Taylor Ruiz, who is our Director of Special Education Advocacy here at K. Altman Law. And I already introduced myself, Loteck, I'm one of the Special Education Advocates. And then Michelle is joining us from New Horizons Educational Group. So we will be presenting together to go over the FBA process and behavior intervention plans.   So I'm going to start by talking about the purpose of a functional behavioral assessment. So a definition is that an FBA is a structured process used to identify the cause of a student's behavior. It helps to determine the function of the behavior and the factors that maintain it. So the goal of an FBA is to look beyond just the behavior itself and really figure out what's driving it and why schools conduct FBAs. So schools conduct FBAs to really understand and support student success rather than resorting to discipline. So FBAs are best practice and allow us to take a proactive and data-driven approach to behavior. And it helps us identify root cause and develop effective interventions. The FBI lets us answer three key questions. What does the behavior look like? When and where does it happen? And what is the function or the purpose of the behavior? So again, I went over what actually a functional behavioral analysis is, why we conduct it. Again, it's to help better understand a student's behavior, to really figure out the function of the behavior. How we do that? We do that by observing and taking really clear cut data on where the behavior is happening, the function of the behavior. And then again, when the behavior is happening within that school day. Okay, so the FBA process. So in order to get the process started, we need to identify the behavior. So what is the actual challenging behavior that we want to study and analyze? We need to gather the data through observations, teacher reports, interviews, and ideally you wanna observe that student across settings, including different classes and times of the day. We need to analyze patterns and triggers. We usually do that through an ABC analysis, which is where we look at the antecedent, what's happening before the behavior, the behavior itself, and the consequence. And then we develop a hypothesis about why the behavior occurs. And I'm gonna talk a little bit about who should conduct an FBA and when it's warranted. So an FBA is conducted by a trained professional, usually a behavior specialist or a school psychologist. And it's necessary when a student's behavior interferes with their learning or their learning of other students, or if it's a result of a disciplinary action. And I just want to note something really important is that an FBA does not require an IEP. So a child does not have to be classified, does not have to have an IEP in order to have that FBA occur. And next, Michelle will talk about the key components of an FBA and the FBA process. Excellent. So Sarah did a good job going through an overview of the different steps in conducting a functional behavior assessment. And I just wanted to discuss some key considerations for each of those sections. So the first thing we want to make sure is, are easy behavior talking about observable and measurable? So If you read on your child's functional behavior assessment, the definition of the behavior, would you know what counts and doesn't count? So as a non-example, a behavior that's not well-defined would sound something like this. Hitting is when a student is angry and tries to hurt someone by swinging at them. So that would not be a great example because I don't know. the observer would need to assume intent behind the action, you know, when they're angry and trying to hurt somebody. So trying is not really able to be counted. And then what about swinging? So if we're talking about hitting, what if they miss or do attempts count? We're not really sure in that particular situation. Is there anything excluded? So especially students that are planning. Playing on a playground. A lot of times they're playing tag. They're you know, playing typical social games and maybe we have a situation where we're counting that as aggression or hitting when it really should be excluded or a high five or a fist bump. So we really want to be clear about what things count and don't. So another example might be hitting is defined as any instance of a student making forceful contact with another person using an open or closed hand. Making contact with any part of the other person's body includes hitting any other person's arms, legs, torso, head, or body part. Accidental contact, such as brushing against somebody while walking and contact made during appropriate play, is not included. So in that example, we know exactly what it looks like, what it doesn't look like, and what's included or not included. Something else we want to take into consideration is Is the behavior that we're talking about developmentally appropriate to be defined as a problem? So as an example, I was called to consult on a case where there was a kindergarten student and the private provider said that off task was defined as any instance away from a teacher at any point in time. Well, By that definition, I would venture to say most kindergartners are off task because they're looking away from the teacher. It happens all the time in kindergarten. And so we actually did take the data on that situation and we found that by that definition at any given point in time at the school, % of students in kindergarten were off task. So we really needed to redefine, okay, what is an extreme for a kindergartner? At what point should they be considered off task? and we redefined it as 60 seconds of not engaged with whatever the activity was. We retook the data and then we said, okay, only 12 % of the students are off task by that definition. So we wanna make sure when we're defining the behavior, especially in a school environment, that's different than a home environment, and that we wanna take into consideration what is developmentally appropriate. The next thing we wanna talk about is when we're collecting data. So we're collecting data through direct observation, interviews, we might do review. The thing I'm trying to figure out when we're looking at data is under what conditions does the behavior happen? And maybe even more importantly, under what conditions does the behavior not happen? And so we want to decide upfront when we're collecting the data, what data will be important based on the interviews and record reviews? So I've talked to the teachers, I've talked to the parents, I've kind of figured out what I think the problem might be. So whoever's leading the charge in collecting the data should create a common data sheet. for all relevant staff members to collect the data on. I personally love Google Sheets or Google Forms, and it's really easy to give teachers and staff members a QR code to a Google Form so they can fill it out right then and there when it's happening. We post the QR codes around. So let's say a tantrum starts. We scan that start time, stop time, and then the data is automatically collected and feeds into a response sheet. So just a quick tip. And then we want to make sure that when we're asking school staff to collect data that it's reasonable. So I had an instance I walked into a classroom with student was having a tantrum and engaging in a lot of aggression pretty frequent and the staff was standing there and. Instead of intervening and clicking every single time that this this hitting is happening and I said hold on a second, just tell me what time it started, what time it ended and and and let me know whether aggression happened because then we intervene and actually respond to this behavior. And the thing that we're looking at here are we're looking for patterns. So is the behavi

  6. 02/19/2025

    Advocating for Gifted Students: Legal Rights, Education, and Support: The Legally Blind Justice Podcast: Episode 36

    Advocating for Gifted Students: Legal Rights, Education, and Support Welcome to another episode of Legally Blind Justice! Today, we’re tackling an important and often overlooked topic—advocating for gifted students and ensuring they receive the education and support they deserve. Gifted education is more than just advanced coursework—it intersects with special education, legal protections, and the need for proper accommodations. Joining us are experts Dr. Taylor Ruiz and Crystal Ash, who will break down the legal rights of gifted students, the importance of early identification, and how families can advocate effectively within the education system. If you have questions about education law, special education rights, or need legal support for your child’s educational needs, visit www.kaltmanlaw.com or call 516-788-5534. The team at K Altman Law is here to help you navigate the system and fight for the best possible outcome for your child. Stay tuned for an insightful discussion, and don’t forget to subscribe, share, and leave a review if you find this episode helpful. Let’s get started! Unofficial Transcript: Welcome to the Legally Blind Justice Podcast, where we break down legal rights, advocate for those in need, and empower you with the knowledge to navigate the legal system. I'm your host, Tim Markley, and today we're diving into a critical, but often misunderstood area of education law, advocating for gifted students and ensuring they receive the support that they need. Gifted education isn't just about high achieving students. It's part of a special education system that too often gets overlooked. These students face unique challenges. from misidentification to a lack of appropriate accommodations. And today, we'll explore how parents, educators, and advocates can fight for their rights. Joining us today are Dr. Taylor Ruiz, Senior Director of Special Education at K. Altman Law, and Crystal Ash, a dedicated advocate for gifted students. Together, we'll break down what it really means to be a gifted student, the myths surrounding giftedness, and how the law plays a crucial role in securing the rights of educational support. So whether you're a parent fighting for your child and educator looking for guidance, or just someone interested in education law, stick around. You won't want to miss this episode. Thank you for joining us today to learn more about advocating for gifted children, understanding their rights as well as their educational needs. My name is Dr. Taylor Ruiz and I am the Senior Director of Special Education here at K. Altman Law. And my co-presenter is Crystal Ash, who is an advocate who specializes in gifted education here at K. Altman Law. Just to talk a little bit about what we do here at K. Altman Law, our team works on advocacy. So what we do is we partner with families to ensure that students have what they need to meet the IEP requirements for IDEA, FAPE, and other various education laws. We work in tandem with our educational attorneys to secure the best outcomes for our students and ensure that they're getting the accommodations that they need as well as appropriate placement. So today we're going to talk more about gifted students and how gifted education relates to special education. So for this webinar, just to give you a little bit more detail on what we're looking at today, in terms of gifted education and special education, we're really focusing on gifted education as a tenant of special education and touching on some aspects of gifted education, gifted children, special education, and other aspects that you might not be aware of yet. I'm sure you've all heard of gifted education, right, because you're here, but gifted education really is much more detailed. It has a lot more depth than you might realize. And so we really want to touch on the fact that gifted education is special education. And to do that, we're kind of breaking the webinar up into three different sections. First, we have our defined section. This is where we're really going to dig in what gifted education is and who our gifted students are. Then we're going to jump into debunking. So there are a lot of misconceptions and myths about gifted education. what it looks like, who our gifted students are, and there are some misconceptions about what that looks like in the classroom and at home, what their characteristics are. So we want to debunk anything that you might've heard that is not quite accurate to what we actually see in the classroom. And then we'll be moving on to the develop stage, which is what you can do for your gifted students, either as a teacher, as an administrator, or even as a parent. To go into our introduction. Here at Kaltman Law, we are advocates and we're all really devoted to special education. We come from all types of backgrounds. We have educational diagnosticians, behavior analysts, previous school principals, previous school district administrators, individuals who are well-versed in education law and policy, as well as our education attorneys. I myself come from a clinical behavioral health background with an emphasis in behavior analysis. And I was previously a school principal in the state of Florida. So like myself, our team is very diverse and well-versed in all of things special education. And we work together to secure the best outcomes for our students. And a little bit more about my background. I am a former educator. I was a general classroom teacher in the high school setting. in South Carolina as an English teacher. I do also have my master's degree in curriculum and instruction, as well as my certification in gifted education. So I'm very familiar with what gifted education looks like in the classroom and from that curricular side. So a little bit about defining gifted education. We really wanted to begin with defining what gifted education is because like I said, there are a lot of misconceptions out there. And whether or not you know what gifted education is, where you have a gifted student in your life, gifted and talented very likely is not what you have heard of before or have been led to believe. It's very in-depth, it's very diverse. And these gifted students are more than just that typical successful good student that you might think of when you hear the words gifted and talented. There are actually six profiles of gifted students and giftedness that gifted students can fall into. And each of these profiles has a very in-depth description, not only of the successfulness that that student might show in their giftedness, but in how they can be gifted. So giftedness is not just academically successful, right? There can be musical giftedness, there can be visual arts giftedness, there can be physical giftedness for students that are in sports and there can even be giftedness in terms of critical thinking or leadership. So we're trying to really expand your view of what giftedness is so that we can shift that mindset into understanding it as a tenant of special education rather than the opposite of special education, which is generally how it's presented in mainstream media. So diving into those profiles of gifted students, traditional academic performance, being very high is what we are familiar with. And that is what our type one successful gifted students look like. So these are children who demonstrate behaviors or feelings or needs and have learned the system and what the system expects from them. So this is that typical gifted student that you probably think of in your mind when you hear gifted and talented. This is someone who excels academically. This is a quiet student that is well behaved. probably sits at the front of the class, gets all A's, tutors their peers. This is generally who you think of. But what you might not realize is that our successful type one students, these students are often very reliant emotionally and mentally on the structure and the guidance of their teachers and of the school system, which can stunt them creatively. So this is really why we're holding this webinar is to see how Gifted students are very multifaceted and how even the successful type ones have some drawbacks and that giftedness is not necessarily this picture perfect thing that you might imagine. So our successful type ones often fall into a pattern of thinking that relies on that structure. But because they are so outwardly successful, how they are outwardly very academically gifted and they do well in school, we might not see that aspect of them. And because of that, we might not notice some withdrawal or some self-injurious mental thinking or behavior that stems from the fact that they feel that pressure to be perfect. because they have been typecast as this perfect gifted student. The other hand, we also have our type two. These type twos challenging students are still gifted, but they are gifted gifted divergently. So many schools actually fail to identify type two students because they don't fit that same typical mold as that type one successful student. These students. because they aren't identified become frustrated very easily because they're not receiving those services for giftedness that they need for their needs to be met. So they often present more challenging and I'll put that in air quotes, challenging behaviors that kind of contradict that image of the gifted student that you come to expect with that type one. They might be sarcastic, they might be the class clown, they might talk back, not out of defiance, but because they need to be challenged. and they are not, their needs aren't being met. And so the behaviors that they exhibit kind of seek that and may not necessarily be what you would expect from a gifted student because they're really not being treated like a gifted student. And if their needs aren't being met, they're not going to be as successful. And that need for validation is going to be expressed

  7. 02/10/2025

    The Impact of AI on Academic Integrity: Challenges and Controversies: The Legally Blind Justice Podcast: Episode 35

    Summary: In this episode of the Legally Blind Justice Podcast, host Tim Markley discusses the growing role of artificial intelligence (AI) in education and its implications for academic integrity. AI-powered tools, such as ChatGPT, Google Gemini, and other natural language processing models, are becoming widely used by K-12 and higher education students for tasks such as essay drafting, summarizing readings, paraphrasing text, conducting research, and tutoring support. These AI-driven applications enhance learning efficiency and provide personalized study assistance, allowing students to access and understand complex information more easily. However, the widespread use of AI in academia has sparked ethical and legal concerns, particularly regarding plagiarism, academic dishonesty, and fair use. Universities and educational institutions have responded by implementing AI detection tools, including Turnitin and Grammarly’s AI Checker, to identify AI-generated work. Despite their intent to uphold academic standards, these tools are not always accurate, sometimes leading to false accusations of misconduct. As AI continues to evolve, the debate over its appropriate and ethical use in education remains ongoing. Schools and universities must navigate the balance between leveraging AI as a learning tool and preventing academic misconduct, ensuring that students develop genuine critical thinking and writing skills while using technology responsibly.   www.kaltmanlaw.com

  8. 01/24/2025

    : Exploring the Complexities of Title IX with Keith Altman: The Legally Blind Justice Podcast Episode 34

    Episode Description: Welcome to Legally Blind Justice, the podcast where we dive deep into legal issues impacting education. In this episode, we explore the evolving landscape of Title IX with Keith Altman, founder of K. Altman Law and a seasoned litigator in education law. Join us as Keith discusses the foundations of Title IX, the challenges schools face in compliance, and the critical legal safeguards for those involved in these cases. Whether you're a student, educator, or legal professional, this episode provides valuable insights into navigating Title IX matters. Stay tuned for an engaging Q&A session where Keith addresses complex scenarios and shares his expertise on defending educational rights. www.kaltmanlaw.com Transcript Summary: Summary of the Podcast from a podcast/webinar featuring Keith Altman, a legal expert specializing in education law, particularly Title IX issues. Key topics covered include: Title IX Overview: Title IX, established in 1972, prohibits gender-based discrimination and sexual harassment in educational institutions receiving federal funding. It protects against both institutional discrimination and sexual harassment/assault between individuals in schools. Key Changes and Challenges: Upcoming regulatory changes in 2024 were revoked by the Biden administration, preventing significant erosion of procedural safeguards for the accused. Gender identity issues in athletics and their impact on female participation and scholarships were discussed critically. Processes and Protections: Title IX requires schools to have policies to handle discrimination and harassment. Schools must investigate allegations and offer fair procedures, including hearings and appeals. K-12 and higher education differ in their procedural requirements, with K-12 typically avoiding live hearings. Investigations must be impartial, thorough, and conducted by trained personnel. Consent and Standards: Key legal standards include "severe, pervasive, and objectively offensive" for harassment and clear consent in cases involving physical contact. The burden of proof in Title IX is typically a "preponderance of evidence," lower than the "beyond a reasonable doubt" standard in criminal cases. Legal Remedies and Concerns: Violations can lead to federal lawsuits with potential damages. Procedural missteps by schools in handling Title IX cases can result in lawsuits for violations of respondents' rights. Special Cases: Challenges include dealing with incidents involving minors, disabilities, and overlapping criminal proceedings. Faculty and staff are subject to different rules, including prohibitions on informal resolutions. Expert Insights: Keith Altman emphasized the importance of legal representation in Title IX cases, given the significant consequences for respondents. He highlighted systemic issues, including untrained personnel and unequal protections, and provided practical strategies for defending cases. The session concluded with questions on how Title IX applies in workplace-like scenarios and the anticipated impact of administrative changes. The podcast encouraged individuals facing Title IX issues to seek professional legal support.

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About

A legal podcast discussing school and college issues that impact students and their parents. We focus on helping students navigate school discipline, Title IX, academic and other issues.

Information

  • Creator
    timothymarkley@kaltmanlaw.com
  • Years Active
    2022 - 2025
  • Episodes
    42
  • Rating
    Clean
  • Copyright
    © Copyright 2022 All rights reserved.
  • Show Website
    Legally Blind Justice Podcast