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9:00 AM - 10:00 AM
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You Be the Counsel: Solving Today’s Toughest Special Education Scenarios
In this interactive session, experienced school attorneys will guide participants through some of today’s most challenging special education scenarios facing school districts that are important for all school attorneys to know and understand. Using realistic hypotheticals, attendees will work through emerging issues involving special education eligibility decisions, post-manifestation determination responses, AI-driven parent complaints, and increasingly expansive records requests, among others. Designed for all school attorneys, the session will focus on practical problem solving and legally defensible strategies for navigating complex special education matters.
Panelists: Brandon Wright, Franczek IL Karen Haase, KSB School Law, NE Michele Eaddy, Thrun Law, MI
Lewis & Clark (4th floor)
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10:10 - 11:10 AM
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Free Speech Speed Dating: First Amendment Strategy for K-12 Counsel
This fast-paced, highly practical session is built for the reality of K-12 First Amendment challenges: you rarely get clean facts (if you even know what they are), and you always get urgency. Like dating, you often have to size things up quickly, watch for red flags, and decide what’s a hard “no,” what’s negotiable, and what needs a careful follow-up conversation. Using a “speed dating” format—short, high-frequency hypotheticals with rapid issue-spotting—we’ll cover the doctrines that most often determine outcomes in K-12 schools: forum analysis, Tinker and its limits, viewpoint discrimination, compelled speech, and off-campus/social media speech. We’ll tackle today’s headline scenarios and how to advise administrators to avoid drifting into viewpoint-based decisions. Finally, we’ll address the hard overlap between protected expression and actionable harassment, including when identity-based hostility implicates civil rights duties and how to respond without creating a censorship narrative. Attendees will leave with a repeatable triage framework, documentation tips, and litigation-aware talking points for administrators and boards.
Presenters: Jackie Wernz, ECR Solutions, TX Holly McIntush, Thompson & Horton, TX
Lewis & Clark (4th floor)
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11:40 AM - 12:40 PM
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From Lemon to What? – The Test that will be Applied by the Court and USDOE
The U.S. Department of Education has issued new administrative guidance on prayer and religious expression in public schools, and districts are understandably asking: what rule are we living under now? This session will dive into exploring those changes and how the new guidance aligns or differs from previous guidance under Biden, Obama, and Bush administrations. We will map key Supreme Court and lower-court decisions onto recurring fact patterns: employee religious expression, student religious speech, equal-access/equal-treatment issues, and school-sponsored activities. Participants will emerge with valuable guidelines for Boards of Education in a post-Kennedy era.
Presenters: Phillip L. Hartley, Pereira, Kirby, Kinsinger & Nguyen, GA Lauren Atkinson, Georgia School Boards Association, GA
Lewis & Clark (4th floor)
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