A Guide to Student Discipline: General education and special education (2024 Edition)

Hope N. Kirsch, M.A. (Ed.), Esq. | Kirsch-Goodwin & Kirsch PLLC

Hope Kirsch is a partner in the education law firm of Kirsch-Goodwin & Kirsch, PLLC, in Scottsdale, Arizona, founded in 2006. She is a licensed special education teacher and 30+ year attorney specializing in education law representing K-12 and higher education students  throughout Arizona in school-related matters including advocacy, Due Process litigation, 504s, OCR, discipline and bullying.

Hope was a special education teacher and school administrator in the New York City public schools for 18 years where she worked with the most challenging populations and supervised and trained teachers in teaching strategies, curriculum development, writing IEPs and behavior management. She has a Bachelor’s degree in special education from Boston University, a Master’s degree in special education from NYU, 30+ post- graduate credits in educational supervision and ad-ministration, and her law degree from Brooklyn Law School. She is admitted to the state and federal district courts in New York, New Jersey, Arizona and the 9th Circuit Court of Appeals. She is AV® Preeminent rated and is appointed to serve as a Judge Pro Tem for the Superior Court of Arizona.

Lori Kirsch-Goodwin, Esq. | Kirsch-Goodwin & Kirsch PLLC

Lori Kirsch-Goodwin is a partner in the education law firm of Kirsch-Goodwin & Kirsch, PLLC, in Scottsdale, Arizona, founded in 2006. She is a 36 year litigation attorney whose practice is devoted to education and special education matters on behalf of students and their families throughout Arizona. Lori has a Bachelor’s degree from Syracuse University and her law degree from Bridgeport (now Quinnipiac) University. Lori began advocating for students with disabilities when one of her twin sons, now 28 years old, was found in need of special education in Kindergarten.

Lori is regularly involved in eligibility/MET and IEP meetings, MDRs, disciplinary due process hearings, OCR, IDEA Due Process, and DDD appeals. She is admitted to practice in the state and federal courts in New York, New Jersey, Arizona and the 9th Circuit, and is AV-rated. Lori prevailed in a case before the 9th Circuit Court of Appeals that involved appropriateness of a school’s selection of location of a school for a student on the spectrum. She is an AV® Preeminent rated attorney and is appointed to serve as Judge Pro Tem for the Superior Court of Arizona.

Heather R. Pierson, Esq. | Udall Shumway

Heather Pierson is a partner at the law firm Udall Shumway PLC in Mesa, AZ. She is a member of the firm’s School Law section, representing the firm’s education law clients throughout the State. Ms. Pierson comes to Udall Shumway PLC uniquely qualified in the area of education law. Prior to joining Udall Shumway, Ms. Pierson taught behavior disordered students.

During her teaching career, Ms. Pierson was involved in the development and implementation of Individualized Education Plans (“IEP”) and behavior plans and attended several trainings on special education and regular education interventions and strategies. While in law school, Ms.Pierson provided in-home ABA services for autistic children under the age of three and  participated in the Whittier Law School Special Education Clinic, which provided special education advocacy services for children with developmental disabilities. Additionally, Ms. Pierson earned her Master’s Degree in Special Education in 2004. Ms. Pierson primarily focuses her practice on special education and disability related matters. She routinely defends school districts and other public educational institutions in matters related to disability law  matters, such as special education due process hearings, Office of Civil Rights (“OCR”) complaints, Section 504 due process hearings, mediation, and special education state complaints. She provides daily advice and assistance in matters related to special education, Section 504, the Americans with Disabilities Act, student discipline, personnel issues and student records. Ms. Pierson taught Contemporary Developments in Special Education Law through Northern Arizona University during the Spring of 2014. She has also given in-service workshops to district personnel on a wide range of special education and disability related topics and speaks at state-wide conferences.

I.Sources of school discipline law & the hx of student discipline DP: Constitutional DP in student discipline cases, and what educators need to know about Constitutional rights of students, HopeN.Kirsch | 1:00pm – 1:15pm

II.Corporal punishment, Hope N. Kirsch | 1:15pm – 1:30pm

III.Federal laws governing discipline of students with disabilities, Heather R. Pierson | 1:30pm –1:45pm

IV.Manifestation Determination Reviews (“MDRs”), Lori Kirsch-Goodwin | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V.Disciplinary due process hearings and appeals, Lori Kirsch-Goodwin | 2:10pm – 2:25pm

VI.Expedited Due Process Complaints, Hope N. Kirsch | 2:25pm – 2:40pm

VII.FBAs & BIPs, Heather R. Pierson | 2:40pm – 2:55pm

VIII.Restraint & Seclusion, Heather R. Pierson | 2:55pm – 3:10pm

Break | 3:10pm – 3:20pm

IX. Ethical issues that arise in disciplinary matters – Panel Discussion | 3:20pm – 4:20pm