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ELA www.educationlaw.org Education Law Association 61st Annual Conference November 5-7, 2015 – Preconference November 4 Cleveland Marriott Downtown at Key Center, Cleveland, Ohio Welcome to ClevELAnd November 4-7 for the education law event of the year Featuring – Wednesday preconference with two longer state strands and two after- noon general sessions Feature sessions each day of the conference, including The ADA at 25 on Thursday, a panel on school safety Friday afternoon at Cleveland- Marshall College of Law, and the Supreme Court Update luncheon with Mark Walsh on Saturday Dozens of high quality presentations by experts in all aspects of education law; earn CLE and CEU credits Roundtable and poster sessions, career development and networking opportunities, social events Register online or by fax, e-mail, or phone. See last page for preconference and conference pricing Final Update November 2 Final conference schedule, presentations, and presenters/presiders listing Brackett & Ellis, P.C. Attorneys and Counselors Complete Equity Markets, Inc. Insurance Latsha Davis & McKenna Attorneys at Law Program Sponsor Godfrey & Kahn, S.C. Attorneys at Law Walter Haverfield Attorneys at Law Preconference Sponsor With the support of our sponsors –

Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

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Page 1: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

ELAwww.educationlaw.org

Education Law Association 61st Annual Conference November 5-7, 2015 – Preconference November 4

Cleveland Marriott Downtown at Key Center, Cleveland, Ohio

Welcome to ClevELAnd November 4-7 for the education

law event of the year

Featuring –• Wednesday preconference with two

longer state strands and two after-noon general sessions

• Feature sessions each day of the conference, including The ADA at 25 on Thursday, a panel on school safety Friday afternoon at Cleveland-Marshall College of Law, and the Supreme Court Update luncheon with Mark Walsh on Saturday

• Dozens of high quality presentations by experts in all aspects of education law; earn CLE and CEU credits

• Roundtable and poster sessions, career development and networking opportunities, social events

Register online or by fax, e-mail, or phone.

See last page for preconference and conference pricing

Final Update November 2Final conference schedule, presentations,

and presenters/presiders listing

Brackett & Ellis, P.C. Attorneys and Counselors

Complete Equity Markets, Inc.Insurance

Latsha Davis & McKennaAttorneys at LawProgram Sponsor

Godfrey & Kahn, S.C.Attorneys at Law

Walter HaverfieldAttorneys at Law

Preconference Sponsor

With the support of our sponsors –

Page 2: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Wednesday | November 4, 2015 Preconference8:00 a.m. – 5:00 p.m. Registration (registration for regular conference opens at 11:00 a.m.)8:30 a.m. – 4:15 p.m. Preconference/State Strand: Legal Issues in Education for Ohio School

Administrators1:00 p.m. – 5:30 p.m. Preconference/State Strand: Legal Issues in Ohio School Choice1:00 p.m. – 4:15 p.m. Preconference Seminar: Teaching School Law1:00 p.m. – 4:15 p.m. Preconference Seminar: Title IX Compliance1:30 p.m. – 4:30 p.m. ELA Board of Directors Meeting4:30 p.m. – 5:30 p.m. Orientation for First-Time Attendees

5:30 p.m. – 6:30 p.m. Conference Early Arrival Reception: Cash bar, light fare

Thursday | November 5, 20157:30 a.m. – 5:00 p.m. Registration8:00 a.m. – 9:20 a.m. Feature Session A Breakfast: The ADA at 25 (Laura Rothstein)9:30 a.m. – 10:45 a.m. Breakout Sessions B1, B2, B3, B4, B5, B610:55 a.m. – 12:10 p.m. Breakout Sessions C1, C2, C3, C4, C5, C612:15 p.m. – 1:30 p.m. Role Alike Lunch (included in registration, topics vary by group)1:40 p.m. – 2:55 p.m. Breakout Sessions D1, D2, D3, D4, D5, D63:05 p.m. – 4:20 p.m. Breakout Sessions E1, E2, E3, E4, E5, E64:30 p.m. – 5:30 p.m. Committee Meetings5:30 p.m. – 6:30 p.m. Poster Session & Gratitude Reception (included in registration)Evening Dine Around Groups (reservations at local restaurants, self pay)

Friday | November 6, 20157:30 a.m. – 12:30 p.m. Registration 8:00 a.m. – 9:00 a.m. ELA Awards & Elections (breakfast included in registration)9:10 a.m. – 10:25 a.m. Breakout Sessions F1, F2, F3, F4, F5, F610:35 a.m. – 11:50 a.m. Breakout Sessions G1, G2, G3, G4, G5, G6NooN – 1:45 p.m. Lunch on Your Own2:00 p.m. – 4:45 p.m. 5:00-6:15 Reception

Feature Session H: Campus Safety – K-12 & Higher Education – Legal and Practical Issues (to be held at Cleveland-Marshall College of Law), followed by reception

Saturday | November 7, 20157:30 a.m. – 2:00 p.m. Registration7:45 a.m. – 9:00 a.m. Roundtable Session, 10-12 education law topics to choose (breakfast included)9:10 a.m. – 10:25 a.m. Breakout Sessions I1, I2, I3, I4, I510:35 a.m. – 11:50 a.m. Breakout Sessions J1, J2, J3, J4, J5NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)1:15 – 1:30 p.m. Passing of gavel, new president’s remarks, end of 61st Annual Conference2:00 p.m. – 5:00 p.m. ELA Board of Directors Meeting

Final 2015 ELA Preconference and Conference Schedule

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Page 3: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Preconference State Strand 18:30 a.m.-4:15 p.m.Salon H

Session Chair:Susan Clark

Legal Issues in Education for Ohio School Administrators

8:30 a.m. - 9:20 a.m. Transgender, Drug Testing and Other Hot Issues Christina Henagen Peer, Partner, Walter Haverfield, LLP, Cleveland, OH; and Richard Clapp, President, NEOLA, Inc., Stow, OH

9:30 a.m. - 10:20 a.m. FERPA and Video Surveillance Sara Clark, Director of Legal Services, Ohio School Boards Association, Columbus, OH

10:30 a.m. - 11:20 a.m. Employment Issues Point/Counterpoint Adrian Thompson, Partner, Taft, Stettinsius & Hollister, LLP., Cleveland, OH; and Susan Gragel, Partner, Goldstein Gragel, LLC, Cleveland, OH

11:30 a.m. - 12:20 p.m. Employee Misconduct and Investigations Matt Markling, Managing Director, McGown & Markling Co., L.P.A., Akron, OH

12:20 p.m. - 1:30 p.m.LUNCH BREAK

1:30 p.m. - 2:20 p.m. Special Education, Discipline Helen Carroll, Partner, Roetzel & Associates, Akron & Columbus, OH

2:30 p.m. - 3:20 p.m. Special Education Dispute Resolution Kerry Agins, Partner, Agins & Gilman, LLC, Lyndhurst & Columbus, OH; and Laura Anthony, Partner, Bricker & Eckler, LLP, Columbus, OH

3:30 p.m. - 4:15 p.m. Q & A: Speakers from the day will be available as a panel to answer your questions on the day’s topics or any other school law topics

Preconference State Strand 2 1:00 p.m.-5:30 p.m.Salon A

Session Chair:Stephanie Klupinski

Salons D & E

Legal Issues in Ohio School Choice

Special Education, Student Discipline, and Fiscal Transparency This interactive session will be led by Paul O’Neill, an education attorney and charter law adviser to states, national nonprofit organizations, and other stakeholders. Attendees will have some time to ask Paul about other trends and topics in charter law.

Challenges and Choices of Teacher Evaluations Jill Cabe, an attorney who is currently working as project manager for teacher evaluations in Cleveland, will lead a discussion of some of the experiences of a large urban school district implementing a teacher evaluation system tied to teacher performance and pay. The session will examine the design, training, and implementation of a system under a community mandate for change that incorporate multiple stakeholders.

FERPA Guidance in the Era of Big Data and Third-Party Data Crunchers After a quick refresher on FERPA, this session will explore best practices related to data privacy, confidentiality, and security practices involving third-party vendors. The session will be conducted by Tim Clements, who leads the charter school practice group for the law firm of Nicola, Gubranson & Cooper LLC.

Refreshment break at 3:40 p.m.

Cleveland’s Plan for Transforming Schools Exploring the challenge and promise of district-charter collaboration in Cleveland, the forum will consider the impact of the Cleveland Plan as it relates to district-charter collaboration and examine how Ohio law can both advance and impede that objective. Participants will consider what other cities and school districts can learn from Cleveland’s experience. The panel will be introduced by Eric Gordon, CEO of the Cleveland Metropolitan School District, and moderated by John Borkowski, an education attorney from HuschBlackwell in Chicago. Participants will in-clude Shana Marbury, General Counsel and Vice President for Strategic Initiatives and Research at the Greater Cleveland Partnership; Richard Lukich, President and CEO of Constellation Schools; and Susan Hastings, Partner, Squire Patton Boggs. An interactive community dialogue among attendees will follow the panel presentation.

Preconference Schedule for Wednesday, November 4Session Presentation/Presenters

Page 4: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Casual Welcome ReceptionWednesday | 5:30 p.m. - 6:30 p.m.

Location: Lobby Bar

Join us for a casual welcome reception for those who arrive early. Cash bar, light fare.

New Conference Attendee OrientationWednesday | 4:30 p.m. - 5:30 p.m.

Location: Salon B

Those attending the ELA Annual Conference for the first time are invited to an orientation session prior to attending the welcome reception.

Board of Directors Meeting Wednesday | 1:30 p.m. - 4:30 p.m.

Location: Ontario Room, 2nd Floor

Preconference Afternoon Session 1 1:00-4:15 p.m.Salon G

Teaching Education Law: Top Tips and Helpful Hints

Teaching school law can be a challenge – but it’s also lots of fun! In this pre-conference seminar two professors, Janet Decker and JulieMead, will lead an interactive session to share considerations and best practices for teaching school law. The seminar will examine issues related to course planning and delivery, whether the course serves undergraduate or graduate students and whether delivered in a face-to-face format or on-line. Participants should come ready to engage in sample class activities, learn about innovative assignments, discuss the advantages and disadvantages or various approaches, and share their own successes and challenges.

PresentersJulie F. Mead, Ph.D., Professor, Educational Leadership and Policy Analysis, University of Wisconsin-Madison, Madison, WIJanet Decker, J.D., Ph.D., Assistant Professor, School of Education, Indiana University, Bloomington, IN

Preconference Afternoon Session 2 1:00-4:15 p.m.Salon F

Sexual Assault on Campus: Title IX Compliance and Related Legal IssuesIn this preconference session, participants will learn how to develop a sexual assault policy that respects the needs of the survivors, the rights of the alleged perpetrators, and fully complies with the statutes, regulations, and Dear Colleague Letters. Attendees will leave with a broad framework of what provisions must be in the policy and what aspects are highly recommended, also discussing additional legal and practical issues that may arise. Jim Newberry, a partner in the firm of Steptoe & Johnson and a former General Counsel at Georgetown College, represents a number of private colleges in Kentucky, Ohio, Pennsylvania, and West Virginia. Bill Thro, who has written and litigated extensively on Title IX, is General Counsel & Adjunct Professor of Law at the University of Kentucky.PresentersJames H. Newberry, Jr., J.D., Member, Steptoe & Johnson, PLLC; and, former Mayor of Lexington, KYWilliam E. Thro, J.D., General Counsel and Adjunct Professor of Law, University of Kentucky, Lexington, KY

Session A - Laura RothsteinProfessor of Law and Distinguished University Scholar, University of Louisville, Louis D. Brandeis School of Law

Laura Rothstein was one of the first to write about disability law generally and its application to higher education specifically. From 1980 to 1986, she served as Faculty Editor of the Journal of College and Uni-versity Law. She has extensively on disability discrimination, covering a broad range of issues, with an emphasis on disability discrimination in higher education. She has applied her knowledge during her service in administrative positions – Associate Dean for Student Services (Uni-versity of Houston Law Center from 1986 to 1993), Associate Dean for Graduate Studies (University of Houston Law Center 1999 to 2000), and Dean (University of Louisville Brandeis School of Law 2000 to 2005).

Session K - Mark WalshContributing Writer/Supreme Court Correspondent, Education Week, Washington, DC, and Author of School Law Blog sent to ELA Members

Mark F. Walsh is a contributing writer to Education Week. He has covered education issues in the U.S. Supreme Court and lower courts for more than 20 years and is the author of The School Law Blog of Educa-tion Week. He also covers the Supreme Court for the ABA Journal, the magazine of the American Bar Association, and is a regular contributor to Scotusblog, the website devoted to coverage of the Court. Walsh previously served as Washington editor of Education Week, in which he supervised coverage of federal education policy matters, as well as the 2004 and 2008 presidential and congressional elections.

Conference Feature Session Guest Presenters

Page 5: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Session Presentation Presenter(s) Presider Theme

A 8:00-9:20 a.m.Salons D & E

The Americans with Disabilities Act at 25: Current Issues for Higher Education and Transition Issues from K-12Reflecting on 25 years of the ADA and higher education and a 40-year look back on special education.

• Laura Rothstein, University of Louisville

Cynthia A.Dieterich, Ph.D., Cleveland State University

B19:30-10:45 a.m.Salon A

B1-1: (To be determined)

B1-2: Northern Arizona University/Arizona Trust Law and Leadership Academy: Expanding Legal Knowledge and Capacity Through Adult Learner PracticesInnovative adult-learner focused on-site Academy approach uniting administrators, attorneys and university faculty to support updated and sustainable growth of school leadership personnel in education law.

• (To be determined)

• Thomas Hughes, Ph.D., Northern Arizona University• William Wright, Ed.D., Northern Arizona University

Suzanne E. Eckes, J.D., Ph.D., Indiana University

Higher Education, Law, Policy Issues

Specialized Topics

B2 9:30-10:45 a.m.Salon B

B2-1: Title IX, SB-967, Affirmed Consent, and the Future of Collegiate Sexual Assault PreventionThis presentation will provide an overview of the emerging legal concept of affirmed consent and its national potential to help prevent college sexual assaults.

B2-2: Mutiny Over Strict Scrutiny? Interpreting the Judicial Approach to Race-Conscious Higher Education Admissions Policies in Students for Fair Admissions (SFFA)The presentation will provide a legal update on the most recent cases on the use of affirmative action in higher education admissions by examining the facts and arguments in the complaints against Harvard and UNC-Chapel Hill.

• Christopher D. Valentino, M.A., Irvine School of Law

• David H.K. Nguyen, J.D., Ph.D., University of North Dakota • LaWanda Ward, J.D., Indiana University McKinney School of Law

Patrick D. Pauken, J.D., Ph.D., Bowling Green State University

Higher Education, Law, Policy Issues

B3 9:30-10:45 a.m.Salon C

B3-1: On minding the gap between school discipline and learning success: Lessons from South AfricaDisruptive students must not be allowed to steal schools from the disciplined majority: consider the efficacy of clear code of conduct guidelines and limitations to claim them back.

B3-2: Sticks, Stones and Digital Phones: Legal and Policy Considerations for K-12 Bullying This presentation will examine the judicial treatment of cases involving incidents of bullying in K-12 and how district policies and procedures should reflect this treatment.

• Elda de Waal, Ph.D., North-West University, South Africa

• Mankah Zama-Mitchell, J.D./Ph.D. Candidate, University of Wisconsin-Madison

Wayne Haglund, J.D., Haglund Law Firm

School Reform

Educational Policy & Admin.

B4 9:30-10:45 a.m.Salon F

BIP or SRO? Which Takes Precedence When a Student with Disabilities Exhibits Aggressive Behavior?This presentation examines thorny issues that arise when students with disabilities engage in criminal behavior. Does a student’s BIP limit the intervention of an SRO?

Functional Behavioral Assessment and Behavior Intervention Plans—Where Are We?Overview of functional behavioral assessment and behavior intervention plans with a focus on recent cases, implications for school districts, and recommendations.

• Elizabeth A.Shaver, J.D., The University of Akron School of Law• Janet Decker, J.D., Ph.D., Indiana University

• Cynthia A.Dieterich, Ph.D., Cleveland State University• Christine J. Villani, Ed.D., Southern Connecticut State University

Brett A. Geier, E.D., Western Michigan University

Special Education

Conference Schedule for Thursday, November 5FE

ATU

RE

Page 6: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

B59:30-10:45 a.m.Salon G

B5-1: All Things “Considered”: How the Mistaken, Widespread Adoption of Chief Justice Roberts’ Parents Involved Opinion Could Drive the Conversation About Race UndergroundChief Justice Roberts’ Parents Involved opinion changed how some educators talk about race. The story of Doe v. Lower Merion illustrates the legal risks.

B5-2: The Perfect Storm – August 2014, Ferguson, Missouri: A Conflux of Legal, Educational, Governance, Social Political and Economic IssuesThe presentation will include a discussion of the issues surrounding the factors relating to the death of Michael Brown by a Ferguson police officer in August 2014.

• Stephen Himes, J.D., Ed.D., St. Teresa’s Academy

• Margaret A. Noe, J.D., Ph.D., Southeast Missouri State University

Ann E. Blankenship, J.D., Ph.D., University of Southern Mississippi

Equal Protection, Civil Rights, Due Process

B6 9:30-10:45 a.m.Salon H

B6: 2015 Fourth Amendment UpdateThis update of Fourth Amendment court decisions for 2015 includes cell phones, seizure and excessive force, strip searches, dog sniffs, and liability, among others.

• Jacqueline A. Stefkovich, Ed.D., J.D., Pennsylvania State University• Traci N.W. Ballard, J.D., University of Oklahoma• Kevin P. Brady, Ph.D., University of Arkansas

Jeanne L. Surface, Ed.D., University of Nebraska

Fourth Amendment

C110:55 a.m.-12:10 p.m.Salon A

C1-1: Teacher Evaluation in the States: An UpdateThis presentation provides an update on the educational and legal problems emerging from teacher evaluation and the litigation teachers are initiating in the states.

C1-2: Validity Isn’t Just for Psychometricians: Legal Considerations for Assessment and Accountability

• Helen M. Hazi, Ph.D., West Virginia University

• Michelle McKeown, J.D., Ph.D., Indiana Charter School Board • Cynthia Roach, Ed.S., Indiana State Board of Education

R. Stewart Mayers, Ed.D., Southeastern Oklahoma State University

Specialized Topics

C210:55 a.m.-12:10 p.m.Salon B

C2-1: The Best of Both Worlds? An Analysis of UCF v. Plancher and Its Implications for University Direct Support OrganizationsAn analysis of whether incorporated university Direct Support Organizations may continue to enjoy the legal protections of public agencies while operating independently of them.

C2-2: It’s All Greek to Me: Updates in Fraternity and Sorority LawThis presentation provides a comprehensive overview of recent developments in fraternity and sorority law and a preview of upcoming issues in the field.

• Luke M. Cornelius, Ph.D., J.D., University of North Florida

• Micah E. Kamrass, J.D., M.A., Attorney at Law, Manley Burke, LPA

Kenneth E. Lane, Ed.D., South-eastern Louisiana University (retired)

Higher Education, Law, Policy Issues

C310:55 a.m.-12:10 p.m.Salon C

C3-1: The Measles Outbreak of 2015: Policy and Ethical Considerations for School Leaders Regarding Childhood Immunization Exemptions and RefusalsThis presentation will present an overview of the laws and ethics involved when parents choose to exempt their children from immunizations.

C3-2: P-20 Response to the Threat of a Pandemic: A Legal AnalysisA review of the legal implications of different decisions P-20 leaders make when faced with the threat of a pandemic.

• Robert F. Hachiya, Ed.D., Kansas State University

• Philip Westbrook, E.D., University of Alabama• Spencer C. Weiler, Ph.D., University of Northern Colorado

Robert J. Safransky, Ph.D., Nova Southeastern University

Educational Policy & Admin.

Session Presentation Presenter(s) Presider Theme

Page 7: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

C410:55 a.m.-12:10 p.m.Salon F

C4-1: Proactive Protection: Addressing the Use of Restraint and Seclusion on Students with DisabilitiesThis presentation will focus on the prevalence of restraint and seclusion techniques used to address behavioral problems of students with disabilities, as well as both state and federal laws.

C4-2: Restorative Justice in Pennsylvania SchoolsAn exploration of the factors, processes, and actors that led a public school district to adopt restorative practices for their educational and disciplinary functions.

• Patrick Ober, J.D., Indiana University

• Rafael E. Alvarado, J.D./Ph.D. Candidate, The Pennsylvania State University• Kendra A. Taylor, Ph.D. Candidate, The Pennsylvania State University• Stephen S. Worthington, J.D./M.A. Candidate, The Pennsylvania State University

David H.K. Nguyen, J.D., Ph.D., University of North Dakota

Special Education

C5 10:55 a.m.-12:10 p.m.Salon G

C5-1: Achieving Parental Involvement under the Individuals with Disabilities Education Act: Do Feder-ally Funded Parent Training and Information Centers Provide Support to Families and School Districts?This presentation examines legal dispute resolution mechanisms for parents and school administrators under the IDEA and also analyzes the current impact of Parent Training and Information Centers across the U.S.

C5-2: Whither ESEA: The Controversy over NCLB and the Federal Role in EducationThis presentation will discuss the reauthorization of the Elementary and Secondary Education Act in 2015 and use that discussion to explore the ongoing debate concerning the appropriate federal role in American educational policy.

• Natasha Wilson, J.D., Ph.D., New York University-Wagner

• John W. Borkowski, J.D., Husch Blackwell

Carole de Casal, MBA, Ed.D., Tennessee State University

Special Education

Educational Policy & Admin.

C610:55 a.m.-12:10 p.m.Salon H

C6-1: Cyberbullying, Schools, and State LawsDespite the inclusion of electronic harassment in state anti-bullying laws, school officials are unsure of how to handle cases of cyberbullying, particularly when they occur off school grounds.

C6-2: Student Cyberspeech Targeting School Faculty Members: What Can School Administrators Legally Do About It?How can school officials make sound decisions based on appropriate legal precedent when faced with incidents of student cyberspeech targeting school staff members?

• Luke J. Stedrak, Ed.D., Seton Hall University

• Brad Shortridge, Ed.D., Genoa-Kingston CUSD #424, IL

Ruth Siegel, Chicago, IL First Amendment

Role-Alike Luncheon Thursday, November 5, 2015 | 12:15 p.m. - 1:30 p.m.

Locations: Administrators - Erie Room; Attorneys - Salon D; Professors - Salon E

New format this year!

Join your constituency group colleagues for lunch and a relevant, facilitated discussion on current topics. No additional cost for paid registrants —limited additional tickets are available for purchase at the registration desk. Each attendee is required to present a role-alike lunch ticket upon arrival. Tickets are included in the registration packet for those who indicated, at time of registration, that they would be attending the Role-Alike Luncheon.

Session Presentation Presenter(s) Presider Theme

Page 8: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

D1 1:40-2:55 p.m.Salon A

D1-1: Legal Aspects of Mandatory Vaccination Requirements in Public SchoolsThis presentation reviews legal aspects of mandatory vaccination requirements in public schools. Topical state statutes and case law involving vaccination challenges will be discussed.

D1-2: Opening the Doors to College and the Courthouse: Potential Legal Complications Created When Parents Choose to Supplement Education Opportunities Through Dual-Enrollment ProgramsDual-enrollment programs are extremely popular across the country. Little attention is paid to the litigation risks associated with dual-enrollment programs. This presentation discusses those risks.

• Christine Kiracofe, Ed.D., Northern Illinois University

• Steven L. Nelson, J.D., Ph.D., University of Memphis• Shawn J. Waltz, M.S.D., University of New Orleans

Brenda R. Kallio, Ed.D., Univer-sity of North Dakota

Specialized Topics

D2 1:40-2:55 p.m.Salon B

D2-1: Lessons Learned from Corman v. NCAAReview of the NCAA investigations and sanctions in relation to Penn State and the subsequent lawsuit by the Pennsylvania senate.

D2-2: Punt While You’re Ahead: A Review of Past and Potential Antitrust Challenges to the NCAADiscussion of antitrust cases brought against the NCAA and policy issues that may prove troublesome for the association’s health and survival.

• Kevin M. McKenna, J.D., Latsha Davis & McKenna, P.C.• Jacqueline A. Stefkovich, Ed.D., J.D., The Pennsylvania State University• Andrew Armagost, Ph.D. Student, The Pennsylvania State University

• Joy Blanchard, Ph.D., Louisiana State University

Luke M. Cornelius, Ph.D., J.D., University of North Florida

Higher Education, Law, Policy Issues

D3 1:40-2:55 p.m.Salon C

D3-1: Legal Issues with Public School Fundraisers: A National Legal Analysis Through the Lens of MichiganFundraising activities in public schools have been a quintessential activity for a long time. Yet, the exposure to liability with these activities has increased. This examination will analyze various legal issues surrounding fundraisers and provide suggestions for minimizing liability.

D3-2: Principal’s speech rights in reporting fiscal mismanagement

• Brett A. Geier, Ed.D., Western Michigan University

• Ann Hassenpflug, Ph.D., University of Akron

Julie F. Mead, Ph.D., University of Wisconsin-Madison

Educational Policy & Admin.

First Amendment

D4 1:40-2:55 p.m.Salon F

D4-1: Return to Learn: Reintegrating Students into the Classroom after a Concussion IncidentThis session will feature one high school’s innovative attempt to revamp processes for post-concussion students highlighting both “Return to Learn” and “Return to Play” practices.

D4-2: What We Don’t See Still Hurts: Provision of a Legally Compliant Education for Students with Pain DisordersThis presentation will utilize Section 504, the ADA, and IDEA and accompanying case law to analyze legal issues that arise with students who suffer from pain disorders such as migraine headaches, lupus, fibromyalgia, and endometriosis.

• Gretchen Oltman, J.D., Ph.D., Creighton University• Paul Jordan, Loyola High School, Los Angeles• Tim Moscicki, Loyola High School, Los Angeles

• P. Tyson Bennett, Esq., J.D., Carney, Kelehan, Bresler, Bennett & Scherr, LLP• Kelly Sherrill Linkous, J.D., Ph.D., George Washington University

Mark A. Paige, J.D., Ph.D., University of Massachusetts-Dartmouth

Educational Policy & Admin.

Session Presentation Presenter(s) Presider Theme

Page 9: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

D5 1:40-2:55 p.m.Salon G

D5: Challenges to School Policing UpdateThe panel will provide an update on the case law that involves SROs and its implications for school leaders and those who advise them.

• Jennifer A. Sughrue, Ph.D., Southeastern Louisiana University• M. David Alexander, Ed.D., Virginia Tech• Betty Cox, Ed.D., J.D., University of Tennessee at Martin

Lisa Driscoll, Ph.D., University of Tennessee

Equal Protection, Civil Rights, Due Process

D6 1:40-2:55 p.m.Salon H

D6-1: A First Amendment Theory for Effectively Addressing BullyingThis paper offers a First Amendment theory for requiring schools to intervene in bullying incidences more effectively.

D6-2: Free Speech Rights after Garcetti v. Ceballos – Down but Not OutThose who closely analyze both the Garcetti case and subsequent decisions will properly say: not so fast! After this presentation you will likely agree that the First Amendment still has a meaningful place in the school environment.

• Emily Suski, M.S.W., J.D., LL.M., Georgia State University College of Law

• Ralph M. Gerstein, J.D., Wagner College

Wayne Haglund, J.D., Haglund Law Firm

First Amendment

Coffee and Cookies Break -- 2:45-3:15 p.m.

E1 3:05-4:20 p.m.Salon A

E1-1: Developing Prevention-Oriented Written Discipline PoliciesThis session highlights a collaborative statewide initiative to create a model code of conduct aimed at reducing the use of exclusionary school discipline practices.

E1-2: Corporal Punishment Practices in Texas Public Schools: A Law and Policy AnalysisThis presentation reviews the legal and policy implications of corporal punishment in Texas public schools and will examine a recent trend that shows a significant decline in the amount of school-based corporal punishment.

• Miranda B. Johnson, J.D., M.P.A., Loyola University Chicago • Pamela A. Fenning, Ph.D., Loyola University Chicago

• Kerri D. Prejean, Ed.D., LPC, University of Louisiana at Lafayette

Elizabeth A.Shaver, J.D., University of Akron College of Law

Educational Policy & Admin.

E2 3:05-4:20 p.m.Salon B

E2-1: The Impact of OCR Clery Investigations on ASR Sexual Assault StatisticsThis presentation will examine the impact of OCR investigations on reports of forcible sexual assaults and in similar institutions not currently under investigation by OCR.

E2-2: 2015 Legal Update: Title IX Sexual Violence in Higher EducationA comprehensive update on 2015 higher education cases and investigations under Title IX in the area of sexual violence.

• Jodi L. Williams, MBA, Ed.D. Candidate, University of Missouri• Jeanne L. Surface, Ed.D., University of Nebraska-Omaha• David L. Stader, Ed.D., Southeast Missouri State University

Terry J. Harmon, J.D., Sniffen & Spellman, P.A.

Naomi Harralson May, J.D., Cooley LLP

Higher Education, Law, Policy Issues

E3 3:05-4:20 p.m.Salon C

E3-1: From Judicial Dissent to Majority Opinion: The Supreme Court and American Public SchoolsPresentation will focus on how Supreme Court judicial dissent subsequently evolves to majority opinion status of the Court with direct implication for public schooling.

E3-2: Seventy Years of Immorality in SchoolsA review of adverse employment actions against school employees for wrongdoing, 1945-2015.

• Steve Permuth, Ed.D., University of South Florida• Dustin Robinson, University of South Florida

• David Dagley, Ph.D., J.D., University of Alabama• Amy Dagley, Ph.D., University of Louisiana at Monroe• Lawrence Lee Oldaker, Ed.D., University of Alaska Southeast

Ben White, J.D., University of California San Diego

Educational Policy & Admin.

Specialized Topics

Session Presentation Presenter(s) Presider Theme

Page 10: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

E4 3:05-4:20 p.m.Salon F

E4: New Developments in Charter School LawThis presentation provides an update on legal issues involving charter schools across the country and highlights issues from an insider’s perspective in Michigan, Ohio, and Pennsylvania.

• Regina R. Umpstead, J.D., Ph.D., Central Michigan University• Stephanie Klupinski, J.D., M.P.P., Cleveland Metropolitan School Dist.• Kevin McKenna, J.D., Latsha Davis & McKenna, P.C.

John E. Rumel, J.D., College of Law, University of Idaho

Specialized Topics

E5 3:05-4:20 p.m.Salon G

E5: Sexual Harassment and Bullying: Similar, but Not the Same – An Update 2015This presentation explores current legal developments in the areas of sexual harassment and bullying K-12 and examines strategies for developing and implementing policy and training.

• Eric S. “Rick” Mondschein, Ed.D., Author & Education Consultant, NY• Ellery M. “Rick” Miller, Jr., M.A., Author & Education Consultant, MD

Norma Jeanne Shaub, J.D., Esq. Equal Protection, Civil Rights, Due Process

E6 3:05-4:20 p.m.Salon H

E6-1: The Mortality of Taxpayer Standing and the Full Public Financing of Parochial EducationHow court precedent has given school choice advocates a mechanism to subvert the financing of public education and enhance the same for parochial schools – possibly the end of the modern public school experiment.

E6-2: Religious Freedom in Public Schools in South Africa: Balancing Policy and PraxisThe differences and resonances between guaranteeing religious freedom to everyone and the practical interpretation and implementation thereof in South African public schools are closely scrutinized.

• Lenford C. Sutton, Ph.D., Illinois State University• Jane Beese, Ed.D., Youngstown State University

• Rika Joubert, Ph.D., Interuniversity Centre for Education Law and Policy in South Africa• Jean van Rooyen, Ph.D., Federation of School Governing Bodies of South African Schools

Lynn Rossi Scott, J.D., Brackett and Ellis, P.C.

School Finance

Specialized Topic

ELA Committee Meetings Thursday | 4:30 p.m. - 5:30 p.m.

Locations: Check conference packet for updated meeting locations

Attend one of the open committee meetings, or speak with a chairper-son, to find out how you can be more involved in ELA.

Session Presentation Presenter(s) Presider Theme

2015 ELA Committee Chairs and Co-Chairs

2016 ELA Committee Chair Nominees

Ambassadors -- Brad ColwellBeckham Award -- Joy Blanchard and Susan BonConference -- Cynthia DieterichDevelopment -- Jon Anderson and Susan ClarkEducation Law In Practice -- Ralph Mawdsley and Allan OsborneGoldberg Award -- Lois Berlin and Chris BorrecaInvestment -- R. Craig WoodJoseph Award -- Philip T.K. Daniel and Julie MeadMcGhehey Award -- David Alexander and Martha McCarthyMembership: Lynn Rossi Scott and Steve PermuthNominating: Kenneth LaneProfessional Development: Lynn Rossi Scott and William ThroProfessional Partnership: Andrea Arthur and Regina UmpsteadPublications: Suzanne Eckes and Nathan RobertsSeminars/Technology: Wayne HaglundSteinhilber Award: Tyson Bennett

Ambassadors -- Patrick Pauken and Susan ClarkBeckham Award -- Julie Mead and Christine KiracofeConference -- William Thro and Luke CorneliusDevelopment -- Jon Anderson and Lois BerlinEducation Law In Practice -- Ralph D. Mawdsley and Allan OsborneElection Protocol -- Lynn Rossi Scott and Suzanne EckesFinance -- R. Craig Wood and Lynn Rossi ScottGoldberg Award -- Chris Borreca and Regina UmpsteadInvestment -- R. Craig WoodJoseph Award -- Joy Blanchard and Susan BonMcGhehey Award -- Philip T.K. Daniel and Brad ColwellMembership: Lynn Rossi Scott and Suzanne EckesNominating: Patrick PaukenProfessional Development: Terrence Leas and Edwin DardenProfessional Partnership: David Alexander and Martha McCarthyProfessional Partnership/Legal Literacy: Regina Umpstead and

Andrea ArthurPublications: Richard Fossey and Neal HutchensSeminar: Kenneth Lane, John Dayton and Steve PermuthSite: Wayne Haglund, Lynn Rossi Scott and Suzanne EckesSteinhilber Award: Tyson Bennett and Wayne HaglundTechnology & Webinars -- Kenneth Lane and John Dayton

Page 11: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Poster Sessions Topics PresentersPoster SessionThursday5:30-6:30 p.m.

Depression and Suicide Among Attorneys: Data, Theory, and TreatmentExploring ways to understand and properly respond to the elevated rates of substance abuse, depression, and suicide among the legal profession.

• Brian Mistler, Ph.D.: Licensed Psychologist; Associate Dean of Students and Director of Health Services, Ringling College of Art & Design, Sarasota, FL

Poster SessionThursday5:30-6:30 p.m.

Access Granted or Denied? An exploration of Factors that Impact the College Choice Decisions and Attendance of Rural, Low-Income StudentsGain an understanding of the factors that impact marginalized student populations when they are deciding whether or not to pursue postsecondary education and how their social and cultural networks impact their college choices.

• Chinasa A. Elue, Ph.D.: Assistant Professor, Education Administration, Kent State University, Kent, OH

Poster SessionThursday5:30-6:30 p.m.

Suburbanization, Schooling, Racism, the Legislature, and the Courts in St. LouisExamine the legal conflict over Missouri’s unaccredited school transfer statute. Discuss court cases and legislative efforts in social context showing how suburban populations have stymied equal access.

• Donna Gardner, Ph.D., Professor and Chair, Department of Education, William Jewell College, Liberty, MO

Poster Session Thursday5:30-6:30 p.m.

How to Prevent Special Education Litigation: Eight Lesson PlansBased on their recent book, learn how to teach school personnel the basics of special education law in a fun and engaging manner.

• Regina Umpstead, J.D., Associate Professor, Central Michigan University, Mount Pleasant, MI • Janet R. Decker, J.D., Ph.D., Assistant Professor, School of Education, Indiana University, Bloomington, IN • Kevin P. Brady, Ph.D., Associate Professor, Department of Curriculum and Instruction, University of Arkansas, Fayetteville, AR• David Schimmel, J.D., Professor emeritus, University of Massachusetts, Amherst, MA • Linda Weiss, J.D., Graduate Student, Department of Educational Leadership, Central Michigan University, Mount Pleasant, MI

Poster SessionThursday5:30-6:30 p.m.

Statutory Regulation of Student Conduct Administration: A North Carolina Case StudyAuthor observed North Carolina institutions reported changes in disciplinary referrals following increased legislative regulation of student discipline. Through regression analysis, this study examined disciplinary referrals.

• Adam Ross Nelson, J.D., Ph.D. Candidate: Educational Leadership and Policy Analysis, University of Wisconsin, Madison, WI

Poster SessionThursday5:30-6:30 p.m.

Employing the Implied False Certification Doctrine in For-Profit Higher Education • Andrew Triplett, 2L: University of Akron School of Law, Akron, OH, and Summer 2015 Intern at Education Law Association, Cleveland, OH

Dine Around Groups Reservations have been made at local restaurants, self-pay. Sign up near the conference registration desk.

Poster Session and Gratitude Reception Thursday | 5:30 p.m. - 6:30 p.m. Everyone welcome! Location: East Foyer

The event will offer a cash bar and light fare. Poster Session presenters will present their ongoing research in this fun and interactive session open to all conference attendees. See list of presenters and their topics on the following page. Help ELA grow its technology fund by entering this year’s gift basket raffle. Members and supporters of ELA have donated items – each basket is worth over $200 and includes shipping. You do not need to be present to win.

Page 12: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Conference Schedule for Friday, November 6ELA Awards & Elections BreakfastFriday | 8:00 a.m. - 9:00 a.m.

Location: Salon D & E

Annual business meeting, election of officers, and presentation of ELA awards. This is your chance to learn about the organization’s successes in the past year. Support those who make outstanding contributions to the field of education law and elect new board members.

F1 9:10-10:25 a.m.Salon A

F1-1: Barriers to Justice, Limits to Deterrence: Tort Law Theory and Four Approaches to Shielding Districts and Teachers from Liability for Negligent SupervisionThis paper presents a comprehensive analysis of the law regarding negligent supervision in four states: Arkansas, Colorado, Illinois, and Maine.

F1-2: BECKHAM AWARD RECIPIENTNavigating the Grey Area: A review of a school district’s documentation of the relationship between disability and student misconduct

• Phillip D. Buckley, J.D., Ph.D., Southern Illinois University

• Maria Lewis, J.D., Ph.D., State College, PA

Luke J. Stedrak, Ed.D., Seton Hall University

Tort Law

Specialized Topic

F2 9:10-10:25 a.m.Salon B

F2-1: Protecting Yourself and Your Institution from Workplace Bullying and Harassment: An Update and Further Developments in the Law and PolicyHigher education institutions are especially vulnerable to some of the most toxic forms of workplace bullying. It is time to recognize that the problem is serious, it is widespread, and effective legal and institutional remedies are necessary to protect people and institutions.

F2-2: The Legal Battle for Equity in Maryland Higher Education Discussion of the struggle to make all of Maryland universities equal and to reverse policies that weaken the 2000 desegregation agreement.

• John Dayton, J.D., Ed.D., University of Georgia

• Paul Green, Ph.D., University of California-Riverside

Elizabeth T. Lugg, J.D., Ph.D., Illinois State University

Higher Education, Law, Policy Issues

F3 9:10-10:25 a.m.Salon C

F3: Student Suicides: Stemming the TideStudent suicide rates have increased more than 50% in the past 30 years, not only among adolescents, but across the education spectrum, K-20. This presentation will explore the complex issues in suicide awareness and prevention, and review the judicial responses to parents who seek to hold educational institutions legally liable for failing to prevent their child’s suicide.

• Kathleen Conn, Ph.D., J.D., LL.M., King, Spry, Herman, Freund & Faul, LLC

Terry J. Harmon, J.D., Sniffen & Spellman, P.A.

Educational Policy & Admin.

F4 9:10-10:25 a.m.Salon F

F4-1: Special Education in New Orleans’ “Portfolio” School System: An Analysis of the Complaint and Settlement in P.B. v. WhiteThis presentation will examine the complaint and settlement in the case challenging the delivery of special education in New Orleans’ system of charter schools.

(continued on next page)

• Julie F. Mead, Ph.D., University of Wisconsin-Madison

Cynthia A.Dieterich, Ph.D., Cleveland State University

Special Education

Session Presentation Presenter(s) Presider Theme

Page 13: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

F4 (continued) 9:10-10:25 a.m.Salon F

F4-2: Special Education Law and Public Charter Schools: Opportunities for Creative ApproachesThis session will explore how special education legal requirements constrain and empower charter schools, while also offering helpful recommendations and creative opportunities.

• Robert Reed, J.D., National Alliance for Public Charter Schools• Paul O’Neill, J.D., Cohen Schneider & O’Neill, LLP• Robert A. Garda, Jr., J.D., Loyola University New Orleans College of Law

Cynthia A.Dieterich, Ph.D., Cleveland State University

Special Education

F5 9:10-10:25 a.m.Salon G

F5-1: Addressing De Facto Segregation in Suburban Communities: A Case Study of Montgomery County, PennsylvaniaHow suburban districts’ housing, property, and educational policies impact minority access to educational resources, promoting de facto segregation and racial inequities.

F5-2: De Facto Segregation and the Roots of Racial InequalityThis paper examines the shifting conceptualization of de facto segregation – the root of existing inequality – and whether it is actionable by political or judicial remedies.

• Heather Bennett, J.D., Ph.D. Candidate, Pennsylvania State University

• Kendra Taylor, M.Ed., Ph.D. Candidate, Pennsylvania State University

Ruth Siegel, Chicago, IL Equal Protection, Civil Rights, Due Process

F6 9:10-10:25 a.m.Salon H

F6: Establishment Clause: The Conversation Continues

• Ralph D. Mawdsley, Ph.D., J.D., Cleveland State University• Charles J. Russo, J.D., Ed.D., University of Dayton• Martha M. McCarthy, Ph.D., Loyola Marymount University-Los Angeles• David M. Schimmel, J.D., University of Massachusetts at Amherst

Robert F. Hachiya, Ed.D., Kansas State University

First Amendment

G1 10:35-11:50 a.m.Salon A

G1-1: GOLDBERG AWARD RECIPIENTFederalizing Education by Waiver?

G1-2: JOSEPH AWARD RECIPIENTRegulatory Oversight of Student Financial Aid through Accreditation of Institutions of Higher Education

• Derek W. Black, J.D., University of South Carolina School of Law

• Cerin M. Lindgrensavage, New York University School of Law

Lois Berlin, Berlin Consulting, and Chris Borreca, J.D., Thompson & Horton LLP

Specialized Topic

G2 10:35-11:50 a.m.Salon B

G2-1: Legal Issues Addressing University Information AccessibilityLegal issues that address university policies and procedures related to accessibility, as well as responsible practices for universities, will be discussed.

G2-2: The Long Arm of Campus: The Definition and Exercise of Off-campus Jurisdiction on College CampusesThis presentation examines how college campuses define and exercise jurisdiction over off-campus student behavior, including sexual assault, social media, off-campus parties, and student organization events.

• Bettye Grigsby, Ph.D., University of Houston-Clear Lake• DeEadra Albert-Green, Ph.D., Concordia University• Lawrence T. Kajs, Ph.D., University of Houston-Clear Lake

• Ben White, J.D., University of California San Diego

Naomi Harralson May, J.D., Cooley LLP

Higher Education, Law, Policy Issues

Session Presentation Presenter(s) Presider Theme

Page 14: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

G3 10:35-11:50 a.m.Salon C

G3-1: Legal Literacy: The View from the (Education Law) BarThis paper presents findings from a completed survey of school law attorneys’ perceptions of legal literacy of school administrators.

G3-2: Current Legal Issues Facing K-12 School AdministratorsIn this interactive session participants discuss current legal topics that challenge school administrators on a daily basis. The session presenters have diverse backgrounds and each offers a unique perspective. Session attendees are encouraged to raise questions and actively participate in the discussion.

• Mark A. Paige, J.D., Ph.D., University of Massachusetts-Dartmouth, Exeter

• Allan G. Osborne, Jr., Ed.D., (Retired), Quincy (MA) Public Schools• Brad Colwell, J.D., Ph.D., Southern Illinois University

Cynthia A.Dieterich, Ph.D., Cleveland State University

Educational Policy & Admin.

G4 10:35-11:50 a.m.Salon F

G4-1: The Discourse of Choice: Florida’s McKay Scholarship and the Accountability ParadoxThis critical discourse analysis examines semiotic issues surrounding voucher policies to explore whether they are neutral in intent but discriminatory in practice.

G4-2: The Limits of Federal Disability Law. State Educational Voucher ProgramsThis presentation will evaluate and explore the legality and policy implications of DOJ’s investigation of Wisconsin’s voucher program as it relates to students with disabilities.

• Michael R. P. Bailey, M.A., University of South Florida, Pasco County Schools• Joseph Simmons, M.S., University of South Florida, Hillsborough County Public Schools

• Wendy F. Hensel, J.D., Georgia State University College of Law

Terry J. Harmon, J.D., Shareholder, Sniffen & Spellman, P.A.

Special Education

G5 10:35-11:50 a.m.Salon G

G5-1: The Percentage of School Segregation in Metropolitan Areas Attributable to Inter-District FactorsCompares school segregation in the fifty largest CSBAs to the segregation that would be present in these CSBAs if every district was desegregated.

G5-2: A Review of Desegregation Cases under the Obama Administration and Eric HolderThis presentation will examine desegregation cases since 2009 and highlight the gap between an integrated school system and what some courts consider unitary status.

• William J. Glenn, J.D., Ph.D., Virginia Tech

• Joe Dryden, J.D., Ed.D., Texas Wesleyan University

Charles Vergon, J.D., Youngstown State University

Equal Protection, Civil Rights, Due Process

G6 10:35-11:50 a.m.Salon H

G6: Adequacy and Equity: Recent Developments in School Finance LitigationThis is a panel discussion (with an attorney, an expert witness, and scholars) concerning recent developments in school finance law.

• William E. Thro, J.D., University of Kentucky• R. Craig Wood, Ed.D., University of Florida• Christine Kiracofe, Ed.D., University of Northern Illinois

Wayne Haglund, J.D., Haglund Law Firm

School Finance

Session Presentation Presenter(s) Presider Theme

Lunch on Your Own Friday, Noon - 1:45 p.m.

The Board of Directors will meet at Cleveland-Marshall College of Law, Room 205

Page 15: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Reception at Cleveland-Marshall College of Law Friday 4:45 p.m. - 6:00 p.m. in the Law School Atrium

Entertainment provided by Bowling Green State University’s Ten40 Acappella singing group

ELA Past Presidents’ Meeting 5:30-6:30 p.m. in ELA Office Conference Room

Session Presentation Presenter(s) Presider Theme

H 2:00-4:45 p.m.

Cleveland- Marshall College of Law Moot Court Room and Rooms 201-202

Campus Safety: K-12 & Higher Education Legal and Practical IssuesHalf-day panel discussion to be held at Cleveland-Marshall College of Law

• Sonali B. Wilson, General Counsel, Cleveland State University• Matt Markling, McGown & Markling, LPA• Kenneth Trump, MPA, National School Safety & Security Services• S. Daniel Carter, 32 National Campus Safety Initiative, VTV Family Outreach Foundation• Meena Morey Chandra, Regional Director, U.S. Department of Education, Office of Civil Rights, Cleveland Office

E. Boyd Yarbrough, Ph.D., Vice President of Student Affairs, Cleveland State University

Educational Policy & Admin.

FEAT

UR

E

Anderson, Jon

Arthur, Andrea

Berlin, Lois

Blanchard, Joy

Bon, Susan

Bowling Green State University Ten40 Acappella Singers

Brackett & Ellis, P.C.

Cambron-McCabe, Nelda

Center for Excellence & Innovation in Education, Cleveland State University

Clark, Susan

Cleveland State University College of Education

Cleveland State University Police Department

Cleveland-Marshall College of Law

Complete Equity Markets

Copy King

Darden, Edwin

Destination Cleveland

Dieterich, Cynthia

Fossey, Richard

George Gund Foundation

Gerstein, Ralph & Lois

Godfrey & Kahn

Hutchens, Neal

Indiana University School of Education

Klupinski, Stephanie

Lane, Kenneth

Latsha Davis & McKenna, PC

Leas, Terrence

Osborne, Allan

Pauken, Patrick

Permuth, Steve

Rock & Roll Hall of Fame

Schimmel, David

Scott, Lynn Rossi

Teachers College Press

Umpstead, Regina

Walter Haverfield LLP

Wasserman, Lewis

West Academic

Wilson, Natasha

Wood, R. Craig

Thank you to our ELA conference sponsors, donors, advertisers, and exhibitors

Page 16: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Conference Schedule for Saturday, November 7Roundtable Presentations & BreakfastSaturday | 7:45 a.m. - 9:00 a.m.

Location: Salons D & E (Ballroom)

Within a small group format, each presenter introduces the topic, provides his or her latest research briefly, then leads the discussion for all to have an opportunity to speak and learn, concluding with a recap of main points.

Roundtable Topic Facilitator(s)Roundtable 1 Dazed and Confused: Marijuana and the Legal Implications on a

College CampusMarijuana and the laws that surround this issue on a college campus. Join this discussion on how to best educate your student population and create clear policies that leave little room for interpretation.

Mercy Roberg, J.D., M.Ed.: Director, Office of Professional Education, Stetson University College of Law, Gulfport, FL

Roundtable 2 Protecting All Persons and the Institution from the Dangers of Sexual Abuse: Developments in the Law and PolicyExplore the movement to reform sexual assault laws to recognize these assaults are crimes and not merely sexual acts. Many current laws and policies are inadequate to recognize the complexities of biological gender, sexual orientation, and gender identity.

Jeremy C. Daniel, M.A.: Work Management Coordinator, Facilities Management Division, University of Georgia, Athens, GA

Roundtable 3 Strategic Analysis of Judicial Decision Making in Public School Finance LitigationThe strategic model of judicial decision making is being introduced and applied to selected public school finance decisions.

Lisa Driscoll, Ph.D.: Associate Professor, Educational Leadership and Policy Studies, University of Tennessee, Knoxville, TN

Roundtable 4 Special Education Due Process Hearings: Are they Fair?Explore the fairness of special education due process hearings by discussing the relevant research including the presenter’s recent study of Maryland’s hearing decisions.

Tiffany Puckett, J.D., Doctoral Student, Education Policy, Organization and Leadership, University of Illinois at Urbana-Champaign, Champaign, IL

Roundtable 5 Post-Garcetti Implications for Academic Freedom and Shared Governance of Public InstitutionsAddressing the implications of recent trends in academic freedom jurisprudence for faculty governance in public higher education institutions.

Shante Williams, M.A., Ph.D. Candidate: Educational Administration Department, University of New Orleans, New Orleans, LA

Roundtable 6 Analysis of Expulsion Data and Discipline Policy Content in Urban Charter High SchoolsDescribing the interdisciplinary collaboration among school psychology and law professionals, graduate students and child advocates focused on promoting equity and prevention of school exclusion.

Pamela Fenning, Ph.D.: Professor, School of Education, Loyola University, Chicago, IL; Miranda Johnson, J.D., M.P.A.; Associate Director; Educational Policy Institute, Loyola University Chicago, Chicago, IL; Claudia Hernandez-Melis, M.Ed., Doctoral Student, School Psychology Program, Loyola University Chicago, Chicago, IL

Roundtable 7 All Bark and No Bite: A Legal Analysis of Unintended Consequences Surrounding Performance Assessments with Small Participation or Responses Rates Due to Opting Out of Standardized Testing.This discussion will focus on unintended consequences of opting out out testing (P-12) and low return rates on evaluations (HE) when these results are tied to teacher/professor evaluations.

Spencer Weiler, Ph.D., Associate Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO; Christine Kirakofe, Ph.D., Associate Professor, College of Education, University of Northern Illinois, DeKalb, IL; Carlee Escue Simon, Ph.D.: Assistant Professor, University of Cincinnati, Cincinnati, OH

Roundtable 8 Could State Constitutional Limits on Voucher Programs Impact Dual-Enrollment Efforts? Review of State Constitutional ChallengesCould state constitutional provisions used to stymie private school voucher programs inadvertently restrict dual-enrollment programs?

Steven L. Nelson, J.D., Ph.D., Assistant Professor of Leadership, University of Memphis, Memphis, TN

Roundtable 9 The Path to Achievement: Examining Assumptions about the Levers of School ImprovementThis presentation will examine the improving school culture path in Cleveland Metropolitan School District, specifically as applied to special education students.

Cleveland Metropolitan School District, Cleveland, OH: Matthew Linick, Ph.D., Data Strategist and SDP Data Fellow; Nicholas D’Amico, B.A., Executive Director of School Performance

Roundtable 10 Students Charged with Serious Crimes in the Community: How Should Schools Respond?Should such students be expelled, reassigned to alternative settings, considered innocent until proven guilty? What is the impact on school safety? Join this important discussion.

Dana M. Scanlan, Superintendent’s Hearing Officer, Fairfax County Public Schools, VA

Page 17: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

I1 9:10-10:25 a.m.Salon A

I1-1: LGBTQ Students and Teachers: Law, Policy and Ethics in P-16 SchoolsThis session will examine a variety of issues at the local, state, and federal level that have implications for LGBTQ students and teachers.

I1-2: Perceptions of Pre-Service Teacher, Coaches, and School/Athletic Administration Candidates Regarding LGBTQ StudentsUndergraduate pre-service teaching and coaching candidates, graduate students in School/Athletic Administration who were surveyed on their perceptions and understanding of the rights of LGBTQ students.

• Suzanne E. Eckes, J.D., Ph.D., Indiana University-Bloomington• Maria Lewis, J.D., Ph.D., State College, PA• Dustin Bailey, Ph.D., Hanover College

• Kelly Benson, Ed.D., Central Washington University• Donald K. Wattam, Ed.D., Central Washington University• Rory Weishaar, Ed.D., Central Washington University

Julie F. Mead, Ph.D., University of Wisconsin-Madison

Educational Policy & Admin.

I2 9:10-10:25 a.m.Salon B

I2: School Bullying: Relationship of Student Victim Characteristics and Types of Bullying Actions with Case Law OutcomesAnalysis of student bullying case law describing the characteristics of student victims, the types of bullying actions, and the distribution of outcomes.

• Diane M. Holben, Ed.D., North Penn School District, PA• Perry A. Zirkel, LL.M., J.D., Ph.D., Lehigh University

R. Stewart Mayers, Ed.D., Southeastern Oklahoma State University

Higher Education, Law, Policy Issues

I3 9:10-10:25 a.m.Salon C

I3-1: Penalty or Reimbursement: Liquidated Damages Provisions in Teacher Employment ContractsThe presenter will examine liquidated damages provisions in teachers’ employment contracts, from current litigation to their broader implications, purpose, and implementation.

I3-2: Student Growth Measures and Teacher Evaluation: The Case of TennesseeThis presentation uses three cases from Tennessee to examine the challenges of incorporating student growth measures as part of teacher evaluation.

• Ann E. Blankenship, J.D., Ph.D., University of Southern Mississippi

• Michelle C. Croft, Ph.D., J.D., ACT, Inc.

Carole de Casal, MBA, Ed.D., Tennessee State University

Educational Policy & Admin.

I4 9:10-10:25 a.m.Salon F

I4-1: Achieving Compliant IEPsPresenters will provide strategies to assist teams in developing compliant and meaningful IEPs that meet the unique needs of children with disabilities.

I4-2: Manifestation Determination ReviewsManifestation determination reviews are often required when special education students’ actions result in disciplinary consequences that require removal from their current educational environment. This session will focus on when MDRs are required, who must participate, what information must be considered, and the most difficult question -- how to determine whether or not the behavior is a manifestation of a disability.

• Clarissa Rosas, Ph.D., Mount Saint Joseph University• Kathleen Winterman, Ed.D., Xavier University

• Lynn Rossi Scott, J.D., Attorney/Shareholder, Brackett and Ellis, P.C., Fort Worth, TX

Kevin P. Brady, Ph.D., University of Arkansas

Special Education

I5 9:10-10:25 a.m.Salon G

I-5: Disability Services in Higher Education: Service and Support Animals Want to Attend College, Too!This presentation examines distinctions between service and emotional support animals, and identif-ies recent court decisions impacting service and emotional support animals in higher education settings.

• Susan C. Bon, J.D., Ph.D., University of South Carolina

Cynthia A.Dieterich, Ph.D., Cleveland State University

Equal Protection, Civil Rights, Due Process

Session Presentation Presenter(s) Presider Theme

Page 18: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

J1 10:35-11:50 a.m.Salon A

J-1: Looking Down the BarrelTeachers packing heat. Berettas in the backpack. Is it self-defense? Who pays when the bullet strays? Weapons on campus “hits” everyone.

• Barbara Qualls, Ph.D., Stephen F. Austin State University• Wayne Haglund, J.D., Haglund Law Firm

Dustin Bailey, Ph.D., Hanover College

Specialized Topics

J2 10:35-11:50 a.m.Salon B

J2-1: Higher Education Institutions and Regulation of “Open” Areas of CampusThis session focuses on regulation of “open” or “public” areas of campus, such as sidewalks or plazas, by public colleges and universities.

J2-2: Maintaining a Safe and Orderly College Campus Environment: Legal Issues and Responsi-ble Practices in Dealing with Disruptive StudentsThe legal aspects and responsible practices in dealing with disruptive students so as to maintain a safe and orderly college campus setting.

• Neal H. Hutchens, J.D., Ph.D., Pennsylvania State University• Kaitlin Quigley, Ph.D. Candidate, Pennsylvania State University• Kerry Brian Melear, Ph.D., University of Mississippi

• Lawrence T. Kajs, Ed.D., University of Houston-Clear Lake• Kathryn I. Matthew, Ed.D., University of Houston-Clear Lake• Millard E. Matthew, J.D., LL.M., Consultant

Al Merkley, Brigham Young University

Higher Education, Law, Policy Issues

J4 10:35-11:50 a.m.Salon F

J4: Review of Recent State Court Rulings on Charter SchoolsA review of the most recent state court rulings that address charter school adequacy, equity, and funding. Emerging themes and possible implications will be discussed.

• Brittany Larkin, Ph.D., University of Florida

Jeanne L. Surface, Ed.D., University of Nebraska-Omaha

Educational Policy & Admin.

J5 10:35-11:50 a.m.Salon G

J5-1: Texas School District Employee Social Media Policy Responses: What Do Board Policies & Employee Handbooks Say?The researchers present the results of the analysis of 300 randomly selected Texas public school district social media provisions found in board policies and employee handbooks.

J5-2: Correct Me If I’m Wrong: A Double Standard in the Federal Courts?This presentation explores the inconsistencies and possible double standard in the federal courts’ treatment of off-campus teacher and student speech.

• David P. Thompson, Ph.D., University of Texas at San Antonio• Catherine Robert, M.B.A., M.Ed., Comal (Texas) Independent School District• Elisabeth Krimbill, M.Ed., North East (Texas) Independent School District

• R. Stewart Mayers, Ed.D., Southeastern Oklahoma State University

Julie F. Mead, Ph.D., University of Wisconsin-Madison

Technology

First Amendment

Session Presentation Presenter(s) Presider Theme

J3 10:35-11:50 a.m.Salon C

J3-1: Teacher Effectiveness and the CourtsA study analyzing the 2014 Vergara v. California case in the context of the broader debate surroun-ding teacher effectiveness and educational quality.

J3-2: Disability Discrimination Law and Employment in the School Setting: School District Obligations and Defenses and the Rights of K-12 EducatorsThis presentation will discuss disability discrimina-tion law (the Americans with Disabilities Act and Section 504) in the context of K-12 Employment.

• Benjamin M. Superfine, J.D., Ph.D., University of Illinois at Chicago

• John E. Rumel, J.D., College of Law, University of Idaho

Robin L. Fankhauser, Ed.D., Indiana University Southeast

Educational Policy & Admin.

K 12:00-1:15 p.m.Salon D & E

Supreme Court UpdateOverview of recent and upcoming cases, as well as other important legal issues and national trends, and their impact on education.

Mark F. Walsh, Contributing Writer/Supreme Court Correspondent/The School Law Blog, Education Week, Washington, DC

Suzanne E. Eckes, J.D., Ph.D., Indiana University

Passing of Gavel and New President’s Remarks – End of Conference 1:30 p.m.

FEAT

UR

E

See you next year in Orlando!

Page 19: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and PresidersIndex of Presenters and Presiders (Nov. 2)

Last Name Name/Affiliation Presenter Presider Page(s)

Albert-Green DeEadra Albert-Green, Ph.D., N Lamar Center Dean, Concordia University, Austin, TX G2-1 18

Alexander M. David Alexander, Ed.D., Professor, Leadership, Counseling & Research, Virginia Tech, Blacksburg, VA D5-2 13

Alvarado Rafael E. Alvarado, J.D./Ph.D. Candidate, Dickinson School of Law & Department of Education Policy Studies, Pennsylvania State University, University Park, PA C4-2 11

Armagost Andrew Armagost, Ph.D. Student, Education & Public Policy, Pennsylvania State University, State College, PA; Vice President, Students Together in Education Policy D2-1 12

Bailey, D. Dustin Bailey, Ph.D., Assistant Professor, Education Department, Hanover College I1-1 J1 22, 23

Bailey, M. Michael R. P. Bailey, M.A., Doctoral Student, Department of Educational Leadership & Policy Studies, University of South Florida, Tampa, FL and Exceptional Student Education Administrator, Pasco County Schools, Land O Lakes, FL

G4-1 19

Ballard Traci N.W. Ballard, J.D., Associate Director, Professional Development & Leadership Academy, University of Oklahoma, Norman, OK B6 10

Beese Jane Beese, Ed.D., Assistant Professor, Department of Educational Foundations, Research, Technology, and Leadership, Youngstown State University, Youngstown, OH E6-1 14

Bennett, H. Heather Bennett, J.D., Ph.D. Candidate, Department of Education Leadership, The Pennsylvania State University F5-1 18

Bennett, P.T. P. Tyson Bennett, Esq., J.D., Partner, Carney, Kelehan, Bresler, Bennett & Scherr, LLP, Annapolis, MD D4-2 12

Benson Kelly Benson, Ed.D., Associate Professor, Education Law, Department of Education Foundation & Curriculum, Central Washington University, Ellensburg, WA I1-2 22

Berlin Lois Berlin, Berlin Consulting, Washington, DC G1 18

Black Derek W. Black, Professor of Law, University of South Carolina School of Law, Columbia, SC G1-2 18

Blanchard Joy Blanchard, Ph.D., Assistant Professor, Higher Education, Louisiana State University, Baton Rouge, LA D2-2 12

Blankenship Ann E. Blankenship, J.D., Ph.D., Assistant Professor, Department of Educational Leadership and School Counseling, University of Southern Mississippi, Hattiesburg, MS I3-1 B5 22, 10

Bon Susan C. Bon, J.D., Ph.D., Associate Professor & Higher Education Program Coordinator, Department of Educational Leadership & Policies, University of South Carolina, Columbia, SC I5 22

Borkowski John W. Borkowski, J.D., Partner, Husch Blackwell, Chicago, IL C5-2 11

Borreca Chris Borreca, J.D., Partner, Thompson & Horton, Houston, TX G1 18

Brady Kevin P. Brady, Ph.D., Associate Professor, Department of Curriculum & Instruction, University of Arkansas, Fayetteville, AR B6-1, PS I4 10, 15, 22

Buckley Phillip D. Buckley, J.D., Ph.D., Assistant Professor, Educational Leadership, Southern Illinois University, Edwardsville, IL F1-1 17

Colwell Brad Colwell, J.D., Ph.D.,Interim Chancellor, Southern Illinois UniversityCarbondale, IL G3-2 19

Conn Kathleen Conn, Ph.D.,, J.D., LL.M., Of Counsel, King, Spry, Herman, Freund & Faul, LLC, Bethlehem, PA F3 17

CorneliusLuke M. Cornelius, Ph.D., J.D., Associate Professor & Director of Higher Education Administration, Department of Leadership, School Counseling, & Sport Management, University of North Florida, Jacksonville, FL

C2-1 D2 10, 12

Cox Betty Cox, Ed.D., J.D., Associate Professor, Department of Educational Studies, University of Tennessee at Martin, TN D5-2 13

Croft Michelle C. Croft, Ph.D., J.D., Principal Research Associate, Policy, ACT, Inc., Iowa City, IA I3-2 22

D'Amico Nicholas D'Amico, B.A., Executive Director of School Performance, Cleveland Metropolitan School District, Cleveland, OH RT 21

Dagley, A. Amy Dagley, Ph.D., Assistant Professor, Educational Leadership, University of Louisiana at Monroe, LA E3-2 13

Page 20: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and Presiders (Nov. 2)

Last Name Name/Affiliation Presenter Presider Page(s)

Daniel Jeremy C. Daniel, M.A.: Work Management Coordinator, Facilities Management Division, University of Georgia, Athens, GA RT 21

Dayton John Dayton, J.D., Ed.D., Professor, Education Law & Policy, Higher Education, University of Georgia, Athens, GA F2-1 17

de Casal Carole de Casal, MBA, Ed.D., Professor, Educational Leadership, Tennessee State University, Nashville, TV 11 22

de Waal Elda de Waal, Ph.D., Associate Professor, Education Law, North-West University, Vanderbijlpark Campus, Vanderbijlpark, RSA B3-1 9

Decker Janet Decker, J.D., Ph.D., Assistant Professor, School of Education, Indiana University, Bloomington, IN B4-1, PS 9, 15

Dieterich Cynthia A.Dieterich, Ph.D., Visiting Faculty, Cleveland State University, Cleveland, OH B4-2 A, F4, G3, I5 9, 17, 19, 22

Driscoll Lisa Driscoll, Ph.D., Associate Professor, Educational Leadership & Policy Studies, University of Tennessee, Knoxville, TN RT D5 21, 13

Dryden Joe Dryden, J.D., Ed.D., Associate Professor, School of Education, Texas Wesleyan University, Fort Worth, TX G5-2 19

Eckes Suzanne E. Eckes, J.D., Ph.D., Associate Professor, Indiana University, Bloomington, IN I1-1 B1, K 22, 9, 23

Elue Chinasa A. Elue, Ph.D., Assistant Professor, Education Administration, Kent State University, Kent, OH PS 15

Fankhauser Robin Fankhauser, IU Southwest, Louisville, KY J3 23

Fenning Pamela A. Fenning, Ph.D., Professor & Co-Chair of School Psychology Program, Loyola University Chicago School of Education, Chicago, IL E1-1, RT 13, 21

Garda Robert A. Garda, Jr., J.D., Fanny Edith Winn Distinguished Professor, Loyola University New Orleans College of Law, New Orleans, LA F4-2 18

Gardner Donna Gardner, Ph.D., Professor and Chair, Department of Education, William Jewell College, Liberty, MO PS 15

Gerstein Ralph M. Gerstein, J.D., Adjunct Instructor, Wagner College, Staten Island, NY D6-2 13

Geier Brett A. Geier, Ed.D., Assistant Professor, Department of Educational Leadership, Research & Technology, Western Michigan University, Kalamazoo, MI D3-1 B4 12, 9

Glenn William J. Glenn, J.D., Ph.D., Associate Professor, Education Leadership, Virginia Tech, Falls Church, VA G5-1 19

Green Paul Green, Ph.D., Associate Professor, Department of Ethnic Studies, University of California, Riverside, CA F2-2 17

Grigsby Bettye Grigsby, Ph.D., Associate Professor, Educational Leadership Department, University of Houston-Clear Lake, Houston, TX G2-1 18

Hachiya Robert F. Hachiya, Ed.D., Assistant Professor, Department of Educational Leadership, Kansas State University, Manhattan, KS C3-1 F6 10, 18

Haglund Wayne Haglund, J.D., Attorney at Law, Haglund Law Firm, Lufkin, TX J1 B3, D6, G6 23, 9, 13, 19

Harmon Terry J. Harmon, J.D., Associate, Sniffen & Spellman, P.A., Tallahassee, FL E2-2 F3, G4 13, 17, 19

Hassenpflug Ann Hassenpflug, Ph.D., Professor, Educational Foundations & Leadership, College of Education, University of Akron, Akron, OH D3-2 12

Hazi Helen M. Hazi, Ph.D., Professor, Educational Leadership Studies, West Virginia University, Morgantown, WV C1-1 10

Hensel Wendy F. Hensel, J.D., Associate Dean for Research and Faculty Development and Professor of Law, Georgia State University College of Law, Atlanta, GA G4-2 19

Hernandez-Melis Claudia Hernandez-Melis, M.Ed., Doctoral Student, School Psychology Program, Loyola University Chicago, Chicago, IL RT 21

Himes Stephen Himes, J.D., Ed.D., Teacher, St. Teresa’s Academy, Kansas City, MO B5-1 10 Holben Diane M. Holben, Ed.D., Asst. Superintendent, North Penn School District, Lansdale, PA I2 22

Hughes Thomas Hughes, Ph.D., Associate Professor, Educational Leadership Dept., Northern Arizona University, Flagstaff, AZ B1-2 9

Page 21: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and Presiders (Nov. 2)

Last Name Name/Affiliation Presenter Presider Page(s)

Johnson Miranda B. Johnson, J.D., M.P.A., Associate Director, Education Law & Policy Institute, Loyola University Chicago School of Law, Chicago, IL E1-1, RT 13, 21

Jordan Paul Jordan, Assistant Principal for Student Life, Loyola High School, Los Angeles, CA D4-1 12

Joubert Rika Joubert, Ph.D., Director, Interuniversity Centre for Education Law and Policy in South Africa E6-2 14

Kajs Lawrence T. Kajs, Ed.D., Associate Dean and Professor, Educational Leadership, University of Houston-Clear Lake, Houston, TX G2-1, J2-2 18, 23

Kallio Brenda R. Kallio, Ed.D., Associate Professor, University of North Dakota, Grand Forks, ND D1 12 Kamrass Micah E. Kamrass, J.D., M.A., Attorney at Law, Manley Burke, LPA, Cincinnati, OH C2-2 10

Kiracofe Christine Kiracofe, Ed.D., Associate Professor, Educational Administration & Adjunct Professor, College of Law, Northern Illinois University, DeKalb, IL D1, G6, RT 12, 19, 21

Klupinski Stephanie Klupinski, J.D., M.P.P., Executive Director of Charter Schools, Cleveland Metropolitan School District, Cleveland, OH E4 14

Krimbill Elisabeth Krimbill, M.Ed., Principal, Stone Oak Elementary School, North East (Texas) Independent School District J5-1 23

Lane Kenneth E. Lane, Ed.D., Professor, Southeastern Louisiana University, Hammond, LA (retired) C2 10

Larkin Brittany Larkin, Ph.D., Assistant Professor, Educational Administration & Policy, University of Florida, Gainesville, FL J4-1 23

Lewis Maria Lewis, J.D., Ph.D., Educational Leadership & Policy Analysis, State College, PA F1-2, I1-1 17, 22

Lindgrensavage Cerin M. Lindgrensavage, J.D. Candidate, New York University School of Law, NY G1-2 18

Linick Matthew Linick, Ph.D., Data Strategist and SDP Data Fellow, Cleveland Metropolitan School District, Cleveland, OH RT 21

Linkous Kelly Sherill Linkous, Esq., J.D., Ph.D., Assistant Professor and Doctoral Program Director, The George Washington University, Fairfax, VA D4 12

Lugg Elizabeth Lugg, J.D., Ph.D., Associate Professor, Educational Administration, Illinois State University, Normal, IL F2 17

Markling Matt Markling, Managing Director, McGown & Markling, LPA, Akron, OH H, PC 20, 7

Matthew, K. Kathryn I. Matthew, Ed.D., Professor, School of Education, University of Houston-Clear Lake, Houston, TX J2-2 23

Matthew, M. Millard E. Matthew, J.D., LL.M., Consultant J2-2 23

MawdsleyRalph D. Mawdsley, Ph.D., J.D., Professor of Law, Roslyn Z. Wolf Endowed Chair in Urban School Leadership, College of Education & Human Services, Cleveland State University, Cleveland, OH

F6 18

May Naomi Harralson May, J.D., Associate, Education Practice Group, Cooley LLP, Washington, DC B1-1 E2, G2 9, 13, 18

Mayers R. Stewart Mayers, Ed.D., Professor, Educational Instruction & Leadership Department, Southeastern Oklahoma State University, Durant, OK J5-2 C1, I2 23, 10, 22

McCarthy Martha M. McCarthy, Ph.D., Presidential Professor, Department of Educational Leadership, Loyola Marymount University, Los Angeles, CA F6 18

McKenna Kevin M. McKenna, J.D., Attorney, Latsha Davis & McKenna, P.C., Exton, PA D2-1, E4 12, 14

McKeown Michelle Gough McKeown, J.D., Ph.D., General Counsel, Indiana State Board of Education, Bloomington, IN C1-2 10

Mead Julie F. Mead, Ph.D., Professor, Educational Leadership & Policy Analysis, University of Wisconsin-Madison, Madison, WI F4-1 D3, I1, J5 17, 12, 22, 23

Melear Kerry Brian Melear, Ph.D., Professor, Department of Counselor Education, University of Mississippi, Oxford, MS J2-1 23

Miller Ellery M. “Rick” Miller, Jr., M.A., Author and Education Consultant, Baltimore, MD E5 14

Hutchens Neal H. Hutchens, J.D., Ph.D., Associate Professor, Higher Education Program, Pennsylvania State University, University Park, PA J2-1 23

Page 22: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and Presiders (Nov. 2)

Last Name Name/Affiliation Presenter Presider Page(s)

Mitchell Mankah Zama Mitchell, J.D./Ph.D. Candidate, University of Wisconsin-Madison, WI B3-2 9

Mistler Brian Mistler, Ph.D., Licensed Psychologist; Associate Dean of Students and Director of Health Services, Ringling College of Art & Design, Sarasota, FL PS 15

Morey Chandra Meena Morey Chandra, Regional Director, U.S. Department of Education, Office of Civil Rights, Cleveland Office H 20

Mondschein Eric S. “Rick” Mondschein, Ed.D., Author and Education Consultant, Queensbury, NY E5 14

Moscicki Tim Moscicki, Head Athletic Trainer, Loyola High School, Los Angeles, CA D4-1 12

Nelson, A. Adam Ross Nelson, J.D., Ph.D. Candidate: Educational Leadership & Policy Analysis, University of Wisconsin, Madison, WI PS 15

Nelson, S. Steven L. Nelson, J.D., Ph.D., Assistant Professor of Leadership, University of Memphis, Memphis, TN D1-2, RT 12, 21

Nguyen David H.K. Nguyen, M.B.A., J.D., LL.M. Adv., Ph.D., Instructor, Educational Leadership, University of North Dakota, Grand Forks, ND B2-2 C4 9, 11

Noe Margaret A. Noe, J.D., Ph.D., Professor, Department of Educational Leadership & Counseling, Southeast Missouri State University, Cape Girardeau, MO B5-2 10

O’Neill Paul O'Neill, J.D., Partner, Cohen Schneider & O’Neill, LLP, New York, NY F4-2 18

Ober Patrick Ober, J.D., Doctoral Student, Education Policy Studies, Indiana University-Bloomington, IN C4-1 11

Oldaker Lawrence Lee Oldaker, Ed.D., Professor Emeritus, University of Alaska Southeast, Juneau, AK E3-2 13

Oltman Gretchen Oltman, J.D., Ph.D., Assistant Professor, Interdisciplinary Leadership, Creighton University, Omaha, NE D4-1 12

Osborne Allan G. Osborne, Jr., Ed.D., Principal (Retired), Quincy Public Schools, Millis, MA G3-2 19

Paige Mark A. Paige, J.D., Ph.D., Assistant Professor, Department of Public Policy, University of Massachusetts-Dartmouth, Exeter, NH G3-1 D4 19, 12

Permuth Steve Permuth, Ed.D., Professor of Educational Leadership & Policy Studies, University of South Florida, Tampa, FL E3-1 13

Prejean Kerri D. Prejean, Ed.D., LPC, Counselor Upward Bound Program, Department of Special Services, University of Louisiana at Lafayette, Lafayette, LA E1-2 13

Puckett Tiffany Puckett, J.D., Ph.D. Candidate: Education Policy, Organization & Leadership, University of Illinois at Urbana-Champaign, Champaign, IL RT 21

Qualls Barbara Qualls, Ph.D., Assistant Professor, Educational Leadership Department, Stephen F. Austin State University, Nacogdoches, TX J1 23

Quigley Kaitlin Quigley, Ph.D. Candidate, Higher Education Program, Penn State University, University Park, PA J2-1 23

Reed Robert Reed, J.D., Senior Director of Legal Affairs, National Alliance for Public Charter Schools, Washington, DC F4-2 18

Roach Cynthia Roach, Ed.S., Chief Assessment and Accountability Officer, Indiana State Board of Education C1-2 10

Roberg Mercy Roberg, J.D., M.Ed.: Director, Office of Professional Education, Stetson University College of Law, Gulfport, FL RT 21

Robert Catherine Robert, M.B.A., M.Ed., Executive Director of Human Resources, Comal (Texas) Independent School District J5-1 23

Robinson Dustin Robinson, Doctoral Candidate, University of South Florida; Teacher, Stowers Elementary, Hillsborough, FL E3-1 13

Rosas Clarissa Rosas, Ph.D., Director, Graduate Multicultural Special Education Programs, Mount Saint Joseph University, Cincinnati, OH I4-1 22

Rothstein Laura Rothstein, Professor of Law and Distinguished University Scholar, Louis D. Brandeis School of Law, University of Louisville, KY A 9

Rumel John E. Rumel, J.D., Associate Professor, College of Law, University of Idaho, Boise, ID J3-2 E4 23, 14

Page 23: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and Presiders (Nov. 2)

Schimmel David M. Schimmel, J.D., Professor, University of Massachusetts at Amherst, School of Education, Amherst, MA F6 18

Scott Lynn Rossi Scott, J.D., Attorney/Shareholder, Brackett and Ellis, P.C., Fort Worth, TX I4-2 E6 22, 14

Shaver Elizabeth A.Shaver, J.D., Assistant Professor of Legal Writing, University of Akron School of Law, Akron, OH B4-1, PS E1 9, 13, 15

Shortridge Brad Shortridge, Ed.D., Assistant Superintendent for Finance & Operations/CSBO, Genoa-Kingston CUSD #424, Genoa, IL C6-2 11

Last Name Name/Affiliation Presenter Presider Page(s)

SimmonsJoseph Simmons, M.S., Doctoral Student, Department of Educational Leadership & Policy Studies, University of South Florida, Tampa, FL and Teacher, Hillsborough County Public Schools, Tampa, FL

G4-1 19

Simon Carlee Escue Simon, Ph.D., Assistant Professor, Department of Educational Leadership, University of Cincinnati, Cincinnati, OH RT 21

Stader David L. Stader, Ed.D., Professor, Educational Leadership & Counseling, Southeast Missouri State University, Cape Girardeau, MO E2-1 13

Stedrak Luke J. Stedrak, Ed.D., Assistant Professor, Educational Leadership, Management & Policy Department, Seton Hall University, South Orange, NJ C6-1 F1 11, 17

Stefkovich Jacqueline A. Stefkovich, Ed.D., J.D., Professor, Education Policy Studies Department, Pennsylvania State University, University Park, PA B6, D2-1 10, 12

Sughrue Jennifer A. Sughrue, Ph.D., Professor, Department of Educational Leadership & Technology, Southeastern Louisiana University, Hammond, LA D5-2 13

Superfine Benjamin M. Superfine, J.D., Ph.D., Associate Professor, Educational Policy Studies, University of Illinois at Chicago, Chicago, IL J3-1 23

Surface Jeanne L. Surface, Ed.D., Associate Professor, Educational Leadership, University of Nebraska-Omaha, NE E2-1 B6, J4 13, 10, 23

Suski Emily Suski, M.S.W., J.D., LL.M., Assistant Clinical Professor, Georgia State University College of Law, Atlanta, GA D6-1 13

Sutton Lenford C. Sutton, Ph.D., Professor and Department Chair of Educational Leadership & Foundation, Illinois State University, Normal, IL E6-1 14

Taylor Kendra A. Taylor, M.Ed., Ph.D. Candidate, Department of Education Policy Studies, Pennsylvania State University, University Park, PA C4-2, F5-2 11, 18

Thompson, A. Alea R. Thompson, Graduate Student, Policy Studies in Urban Education, University of Illinois at Chicago, IL J3-1 23

Thompson, D.P. David P. Thompson, Ph.D., Professor, Educational Leadership & Policy Studies, The University of Texas at San Antonio, San Antonio, TX J5-1 23

Thro William E. Thro, J.D., General Counsel and Adjunct Professor of Law, University of Kentucky, Lexington, KY G6, PCHE 19, 8

Triplett Andrew Triplett, 2L, University of Akron School of Law, Akron, OH, and Summer 2015 Intern at Education Law Association, Cleveland, OH PS 15

Trump Kenneth Trump, MPA, National School Safety & Security Services, Cleveland, OH H 20

Umpstead Regina R. Umpstead, J.D., Ph.D., Associate Professor, Educational Leadership Department, Central Michigan University, Mt. Pleasant, MI E4, PS 14, 15

Valentino Christopher D. Valentino, M.A., Higher Education Graduate Student, Bowling Green State University, Bowling Green, OH B2-1 9

van Rooyen Jean van Rooyen, Ph.D., Deputy Manager Gauteng of the Federation of School Governing Bodies of South African Schools E6-2 14

Vergon Charles Vergon, J.D., Professor, Educational Leadership Program, Youngstown State University, Youngstown, OH G5 19

Villani Christine J. Villani, Ed.D., Professor, Education Department, Southern Connecticut State University, New Haven, CT B4-2 9

Walsh Mark F. Walsh, Contributing Writer/Supreme Court Correspondent/The School Law Blog, Education Week, Washington, DC K 23

Page 24: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Index of Presenters and Presiders (Nov. 2)

Last Name Name/Affiliation Presenter Presider Page(s)

Weiss Linda Weiss, J.D., Graduate Student, Department of Educational Leadership, Central Michigan University, Mount Pleasant, MI PS 15

Westbrook Philip Westbrook, E.D., Associate Professor, Educational Leadership, University of Alabama, Tuscaloosa, AL C3-2, RT 10, 21

White Ben White, J.D., Director of Student Conduct, University of California San Diego, La Jolla, CA G2-2 E3 18, 13

Williams, J. Jodi L. Williams, MBA, Ed.D. Candidate, University of Missouri, Columbia, MO E2-1 13

Williams, S. Shante Williams, M.A., Ph.D. Candidate, Educational Administration Department, University of New Orleans, New Orleans, LA RT 21

Wilson, N. Natasha Wilson, J.D., Ph.D., Assistant Professor/Postdoctoral Fellow, New York University-Wagner, New York, NY C5-1 11

Wilson, S. Sonali B. Wilson, General Counsel, Cleveland State University, Cleveland, OH H 20

Winterman Kathleen Winterman, Ed.D., Associate Professor, Xavier University, Cincinnati, OH I4-1 22

Wood R. Craig Wood, Ed.D., Professor, Educational Administration & Policy, University of Florida, Gainesville, FL G6 19

Worthington Stephen S. Worthington, J.S./M.A. Candidate, Dickinson School of Law & Department of Education Policy Studies, The Pennsylvania State University, University Park, PA C4-2 11

Wright William Wright, Ed.D., Professor, Educational Leadership Department, Northern Arizona University, Flagstaff, AZ B1-2 9

Yarbrough E. Boyd Yarbrough, Ph.D., Vice President of Student Affairs, Cleveland State University H 20

Zirkel Perry A. Zirkel, LL.M., J.D., Ph.D., University Professor of Education and Law, Lehigh University, Bethlehem, PA I2 22

Waltz Shawn J. Waltz, M.S.D., Graduate Student, University of New Orleans, New Orleans, LA D1-2, RT 12, 21

Ward LaWanda Ward, M.A., M.S., J.D., Ph.D. Candidate and Director of Pro Bono Program & Public Interest, IU McKinney School of Law, Indianapolis, IN B2-2 9

Wattam Donald K. Wattam, Ed.D., Assistant Professor, Education Administration, Department of Advanced Programs, Central Washington University, Ellensburg, WA I1-2 22

Weiler Spencer C. Weiler, Ph.D., Associate Professor, Educational Leadership & Policy Studies, University of Northern Colorado, Greeley, CO C3-2, RT 10, 21

Weishaar Rory Weishaar, Ed.D., Assistant Professor, Education Administration, Department of Physical Education School Public Health, Central Washington University, Ellensburg, WA I1-2 22

Page 25: Education Law Association 61st Annual Conference · Breakout Sessions J1, J2, J3, J4, J5 NooN – 1:15 p.m. Feature Session K: The Supreme Court Update, by Mark Walsh (lunch included)

Registration options Current ELA Professional Member Conference Registration ..........................................................................................................$375

Conference Registration + One-year ELA Professional Membership ...........................................................................................$600

Nonmember Conference Registration ....................................................................................................................................................$575

Current ELA Retired Member Conference Registration ....................................................................................................................$250

Student Member Conference Registration [*if not already a student member, add $75 membership fee] ................*$250

A $20 fee is applied to registrations that are paid for at the conference instead of being prepaid. Please see the ELA website for our cancellation policy.

Optional selections (add to basic registration)Wednesday, Nov. 4 Preconference Sessions

All Day – State Strand 1: Current Legal Issues for Ohio Public K-12 Professionals .........................................................$125

All Day – State Strand 2: Current Legal Issues for Ohio School Choice Professionals ...................................................$125

Afternoon – Teaching Education Law: Top Tips and Helpful Hints ...................................................................................... *$85

Afternoon – Sexual Assault on Campus: Title IX Compliance and Other Legal Issues .................................................. *$85

Continuing Legal Education (CLE) credit processing fee ...........................................................................................................$40 per state

Guest tickets

Poster Session and Gratitude Reception (Thursday, Nov. 5) ..................................................................................................$45 per guest

Supreme Court Update and Lunch (Saturday, Nov. 7) .............................................................................................................$45 per guest

2015 ELA Conference tee shirt................................................................................................................................................................$10 each

Help support Education Law Association • Raffle of gift baskets to raise funds for ELA Technology Fund, sale of ELA books and monographs at special conference discounts

• Invest in the future with a contribution to the ELA Conference Fund

Education Law Association 61st Annual ConferenceNovember 5-7, 2015 – Preconference November 4

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• New conference attendee orientation Wednesday

• Early arrival reception Wednesday

• Feature session breakfast Thursday

• Choice of eight morning and afternoon breakout session presentations Thursday

• Role-alike luncheon Thursday

• Afternoon coffee break Thursday

• Meet the committees Thursday

• Poster session and gratitude reception Thursday

• ELA awards and elections breakfast Friday

• Choice of four morning breakout session presentations Friday

• All-afternoon feature session Friday at Cleveland-Marshall College of Law

• Reception Friday at Cleveland-Marshall College of Law

• Roundtable session with breakfast Saturday

• Choice of four morning breakout session presentations Saturday

• Feature session luncheon Saturday

• Certificate of attendance for non-legal continuing education credit

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