SPECIAL EDUCATION MANUAL

2. To encourage students to reflect on the nature of their individual styles of practice as well as the roles they assume as practitioners. To assist students to learn from their experiences and take responsibility for their learning.

3. To discuss their ethics of practice and integrate and demonstrate ethical and responsible behavior as practitioners.

• To discuss issues of systemic problems and how the systems impact on the clients service. To give students the opportunity to work on systemic issues, for example, by commenting on, or drafting or providing testimony on legislation and/or systemic policies and regulations.

5. To assist students in identifying and reflecting on various value systems and how they impact decision making.

Clinical Education is more than "skills and training" or " real world " practice. It is a method of teaching. The most critical element of this teaching is that the student performance is the subject of critical review by the teacher, student, peers and sometimes the client. It is a method of teaching which presents student lawyers with problem situations that lawyers confront in practice; it addresses some problems in role, and others in the context of students interacting with others to identify and solve problems. Clinical education provides the opportunity to learn from experience and taps into both the intellectual/analytical side of lawyering as well as the interpersonal and social aspects of lawyering.

A. Work Plan

It is important that you be involved in and assume responsibility for your learning. To assist you in this goal you will need to complete a work plan for the semester which will help you identify your personal goals and objectives in addition to your overall objectives for the course. Please identify what you hope to accomplish this semester. These goals may be to develop professionally in the skills area or professionally in the values area or the goals may be of a more personal nature. For example, you may want to become more assertive or more confident in your decision making abilities. Or you may recognize that you have difficulty giving up some control in a case when working with a colleague. We will discuss these goals but you need to review these goals periodically to assess whether you are making progress in the areas you identify. During the course of the semester, you may want to want to modify these goals.

B. Strength/Weakness Assessment

In addition each of you will need to write down your strengths and weaknesses. This will help you examine how certain personal characteristics may impact upon your learning experience. This section may also help you define your goals for the semester.

This is due on the Monday following your first class. Please place it in my mailbox.

As part of your experience in this clinic you should be able to reflect on your role and abilities as a lawyer. To assist you in this self-reflection, the following is required: After at least two initial interviews or major meetings with a client/family member or witness/service provider, please write down your thoughts. Specifically answer the following questions:

1. What went well in the interview/meeting. Why?

2. What did not go well? Why?

3. What would you do differently? Why?

4. What information did you forget to obtain? What questions did you forget to ask?

5. What were your overall impressions about your role?

Please complete this within 24 hours of the event while the information is fresh in your mind, date it, and please put it in the clinic mailbox. We will discuss your written assessment at a weekly meeting. Place a copy in the proper section of your case file.

It is very important that case files be kept in an organized manner. This will assist you as well as the supervising attorney in discussing and retrieving information and documents. For those files which are already opened you can continue to file in the same manner as they were set up.

Correspondence, memos, telephone messages received, calls made, court documents, your supervising attorney's notes about the case, client time sheets, research, cases, etc. should all be contained in the client file. After the administrative assistant has opened the case file and it is properly labeled you will be responsible for filing everything. Please file materials in reverse chronological order, so the most recent information is in the front of each section.

Every meeting and phone call must be described in writing. Every pink message sheet MUST be filed. In addition, you should maintain a list of important phone numbers on a sheet of paper close to the top of the file or secured to the inside cover of the file. This should be updated regularly.

CORRESPONDENCE

If correspondence is sent directly to you, make sure that you show it to your supervising attorney before filing it. Clear all outgoing correspondence with your supervising attorney. Keep a copy in the file.

You will need to have sub-files which must be divided or tabbed. Please make sure you place everything in the proper sub-files.

The following filing system is required for cases newly opened. You may label them as you wish but they must all be tabbed. For example, consent forms and release of records can be grouped together under Intake or separately tabbed under intake.

I. Intake Information:

Intake form

Consent forms

Letters of representation

Release of records forms

Phone Contact Sheet

II. Write-Up of Initial Interview and Additional Interviews:

III. Case Plan:

IV. Correspondence:

All letters to and from the Clinic

V. Phone Calls:

Notes from phone calls and messages received

VI. Documents:

School records separated by subject matter or year. Thus, you can have all evaluations completed by the school together or all school records together by the year.

Documents routinely include:

Evaluations;

IEPs;

Independent Evaluations.

If hospitalizations or other agency documents are available and not contained in the school records, please separate into another subfile.

VII. Legal Research:

Include xeroxed cases

VIII. Court Documents:

IX. Office Memos and Miscellaneous Notes:

Notes to and from supervising attorney and students

Attorney notes

X. Closing of File or Transfer of File Information:

Closing or transfer memo to supervising attorney

Closing or transfer letter to client w/ Client Satisfaction Questionnaire enclosed

After meeting with your supervisor or following the initial interview, you should begin work on your case plan. This is an important document that you will refer to many times during the representation. This case plan will be added to and/or amended as you work on the case. A copy is to be placed in the file. If your supervisor has you amend it, please put the amended copy in the case file and keep the other copy in your student file.

CASE PLAN FOR SPECIAL EDUCATION CASES

Client: Date:

I. Brief overview of the facts

II. Issues/Charges

III. Theories of the case. What law and facts support them?

IV. What theory of the case do you anticipate the other side will advance?

V. List all the state and federal statutes and regulations and case law which are relevant to the case.

VI. Case goals and how you plan to implement them (e.g., informal negotiating, complaint letter, etc.)

VII. Develop and provide realistic timelines for implementation of tasks. You must also allow sufficient time for review by your supervising attorney.

The case plan is a constantly evolving document. As you gather more information you need to update and discuss it with your supervisor. You may not have information for some sections until later on. This is provided as a sample and is not complete.

I. Brief Overview of the Facts:

J. R. is a 15-year-old boy who is severely emotionally disturbed. He was born and raised in West Virginia and moved to Virginia in 1991. His father abandoned his mother Mrs.S shortly after J. was born. J. has had no relationship or contact with his biological father. J.'s mother moved in with her present husband Mr. S when J. was about four years old. They were married when he was six. J. states that he "hates" his stepfather. The psychological evaluations report that J's mother and step-father are alcoholics. The report also states that J. was sexually assaulted by a family friend two years ago. J. was held back in second grade and then held back two times in sixth grade.

J's behavioral problems became worse after the move to Virginia. He has been treated at X Psychiatric Hospital from October to March, 1992 for violent behavior at home and at school and for two "suicidal gestures." After being discharged from X, he was sent back to West Virginia to live with relatives. He was hospitalized there when his aunt felt she could no longer control him (April, 1992). In July of 1992 J. was admitted to another Virginia psychiatric facility on an involuntary commitment. His problems included: aggressive acting out, impulsivity, history of suicidal thoughts, and depression. Last summer, J. was again admitted to a psychiatric facility on a Temporary Detention Order (TDO).

J. returned to school in a self-contained class for the emotionally disturbed but was suspended on four different occasions for disruptive behavior including disrespectful and aggressive behavior. These suspensions were for 10 days or less each time for a total of 25 days absence from school from September of this year until this month. (November).

J. has been diagnosed with ADHD, and depression. He is supposed to be taking the medications Nortriptyline and Clonidine. His mother and teacher say that he is better when he takes the medicine, but in the past he has refused to take it. He will take the Nortriptyline but refuses the Clonidine. His mother and he both say it makes him drowsy and has negative side affects.

All the evaluations as well as the people spoken to at his middle school say that J. is a very bright person. They all agree that he has problems controlling his anger. His parents are very concerned not only for J. but for safety of their two other children. J. is not presently attending school.

Central Eligibility Committee Meeting:

In October the Central Committee met with the parents, J., and his therapist who recommended that J. be placed in a residential or partial hospitalization program in the community. Although the committee recognized J's problems they believed that the home situation was the cause of the disruptive behavior. The school personnel recommended that J. return to the middle school or go to their special program for seriously emotionally disturbed youth in a district high school.

II. Issues:

1. Is the school required to keep J. in school?

2. What is the appropriate placement required under the law which will serve J.'s emotional needs?

3. Does J. require a residential placement and if so what are the requirements under the law for placement in a residential program?

4. What are the requirements under the law for placement in a private day hospital program?

5. Were J's suspensions permitted under the law? What is the law regarding suspensions and expulsions for disabled children?

6. Should an IEP meeting be reconvened to change the Central Committee's present recommendation for placement?

7. What are the educational and related services J. needs in his IEP in order to benefit from his education?

8. Will J. need services through the Comprehensive Services Act, CSA?

* III. Theories of the Case

1. The school has an obligation to provide educational services for J .

a. IDEA requires that J. receive FAPE

i. J. was a disabled student according to the Act at the time his troubles began.

ii. FAPE must be provided to all children with disabilities according to the Act's definition.

iii. J. is currently receiving no education.

b. Procedural violations amount to a denial of FAPE.

i. Multiple suspensions of less than ten days each can amount to a change in placement.

ii. J. was suspended four times in three months for a total of 25 days.

iii. The school did not follow the proper procedures for a change in placement.

2. J. needs a residential program because his educational, social, and medical needs are so intertwined and can not be segregated. He needs his education carried across all environments 12 months a year and 24 hours a day.

a. J. can not receive an educational benefit in a less restrictive environment.

b. J. has no current placement.

c. Placement in a less restrictive environment will confer a trivial educational benefit at best.

See Honig v. Doe, EHLR 559:231 (U.S. 1988); Martin v. Prince George's County School Board, 348 S.E. 2d 857, EHLR 558:129 (Cir. Ct. VA 1986); Abrahamson v. Hershman, 701 F.2d 723 (1st Cir. 1983); Kruelle v. New Castle County School District, EHLR 552:350 (3rd Cir. 1981).

IV. Statutes and Regulations

1. 34 C.F.R. 300.400-452

2. Virginia Regulations Governing Special Education Programs for Children with Disabilities Section 3.3 B.9. & 3.3 B.10.

3. Section 22.1-213 et seq.

*V. Possible Theories of Opponent

1. J.'s behaviors are all related to home problems for which the school is not responsible. A residential program is not a "necessary ingredient for learning". See Martin.

2. The school has no obligation to provide an education to a disruptive student.

**VI. Case Goals and Plans to Implement Them

1. To find an appropriate placement for J in which he can benefit educationally.

2. To contact the therapist and other professionals who have contact with J, to obtain copies of his hospital records and educational records which the parents did not have.

3. Call the school teacher and the special education director to discuss J.

4. Review the IEP. Chart out the strengths and weaknesses. Determine whether the IEP meets these needs. Work with the family and the independent professionals to determine the appropriate goals and objectives.

5. Begin the educational school chronology.

6. Reconvene the IEP meting.

** VI. Timelines

Date: Contact middle school teacher regarding her opinion as to J.s problems.

Date: Meet with J. on date.

Date: Contact the therapist and the evaluators to discuss J's behaviors and the reports.

Date: Complete research on residential placements.

Date: Complete review of IEP. Meet with parents and J. to discuss agenda for IEP meeting.

Date: Prepare in writing probable goals and objectives.

Date: Schedule IEP meeting.

Date: Research possible alternative placements and funding options.

* These are just examples of some of the questions and ideas you might have in developing your case plan.

** The timelines for completion are to be developed by you with specific dates and provided to the supervising attorney.

All students will present their cases during class time. When you are responsible for case rounds, please prepare a written statement of facts no later than the day before and distribute it to your classmates. You will be responsible for leading the discussion. The presentation should address the following issues when relevant:

Initial Interview:

What relevant facts did the client provide during the interview? What was your initial assessment of the case? What was your impression of the client(s)?

Follow-Up:

What research will you or did you conduct? What agencies/professionals will you or did you contact? Did research and contacts assist you in your case? Did anything unexpected happen? How did this impact on your decision-making?

Strategy:

What strategy will you or did you develop? Did your strategy work? If not, what modifications were necessary?

Self-Development:

What did you learn about your own value system and your role as a lawyer?

Legal System:

What did you learn about the legal system?

Meetings, Hearings, etc.

How will you or did you prepare for various meetings, court hearings, etc.? Did your preparation affect the outcome? Did it bring the desired result?

You may not be able to address each area depending on the stage of the case. This is a time for brainstorming with your classmates. Use this time to get their assistance.

Client File Time Sheets

Attorney's fees are recoverable under the Individuals With Disabilities Education Act as well as from the Juvenile Court in Guardian ad litem cases. Therefore, you must keep a detailed record for each case to enable us to recover these fees. You must state the date of the task, the specific nature of the task (e.g., it is not enough to state that you made a phone call; you must state the purpose of the call), and the amount of time you spent on the task. These sheets must be kept in each case file and kept up-to-date contemporaneously. Include a notation when the time is spent with your supervising attorney. Record your time in tenths of hours (e.g., 6 min. = .1; 12 min. = .2; 30 min. = .5).

Client file time sheets need to be turned into Sharon Dailey's box Monday by noon. These will be returned to you to file in the client's file.

If the Clinic is appointed as the attorney or guardian-ad-litem in court cases, an accurate accounting of time must always be kept. The time sheet received by the court requires you to keep track of the time you wait in court. There is a flat reimbursement for criminal cases, but reimbursement is based on hours spent for the GAL role. For specific questions, see your supervising attorney.

Student Time Sheets

Use this sheet to keep track of all time spent on clinic activities, including time spent working on cases. For example, include time spent reading class assignments, preparing for class, and travel time to hearings. Turn this into Sharon Dailey's mailbox every Monday by noon. You are expected to spend 24 hours per week on clinic related activities.

Time management is very important when you are handling cases. You must plan your activities to be sure that you can complete case related work in a timely fashion. To that end you must complete a weekly plan of your scheduled case/clinic related activities and place it in the clinic mailbox every Monday by noon.

This plan should be broken down daily, listing activities to be accomplished and the approximate time and place you will be doing them. You can use this as a check list of tasks you need to do and your supervisor will use it as a guide to when you will be in the clinic and what you will be working on.

Mail:

Please check your mail slot every day even if you are not scheduled to be in the Clinic. Any mail sent to you in-house (i.e., memos from your supervisor, notes about your cases, and class assignments) is placed in your mail slot. Please review all mail sent and received with your supervising attorney. Any outgoing mail can be placed on the administrative assistant's desk to be taken upstairs and sent through the meter. Incoming mail will be stamped and placed in your mail slots.

Telephone Procedures:

All phone messages are also placed in your mail slot. You are expected to make and return all phone calls involving your case within the same day received. If you are expecting an important phone call and absolutely cannot be in the Clinic to receive it, notify your another student or supervising attorney to take the call, or otherwise make arrangements. Each client should be contacted in order to find out how the client is doing and to inform the client of what you are doing regarding the case on a regular bases. Very active cases require weekly or biweekly checks. All telephone messages must be saved and filed in your case file. All telephone calls you make must also be documented. You may use the phone call tracking sheet). If you are not here, feel free to call and the administrative assistant will give you your messages. The following are all of the telephone numbers for the Clinic:

Main Line 289-8921

Interview Room 287-6468

Conference Room 287-6469

Student Area 287-6503

Fax 287-6489

Adrienne Volenik 287-6093

Kelley Bartges 289-8205

When the administrative assistant transfers the telephone, please answer by saying "This is Jane Doe, may I help you"? If you are answering the administrative assistant's telephone, please answer by saying "Law School Clinics, may I help you"? If you are expecting a phone call and the administrative assistant is away from her desk you can pick up the ringing line by pressing #4. To transfer a call from the administrative assistant's phone to any other phone, hit transfer, the extension, and transfer again. When you take phone messages, take detailed messages!

Rolodex:

If you have any telephone numbers and/or addresses you will be using repeatedly give them to the administrative assistant and she will transfer them into the Rolodex for future use.

FAX MACHINE, COMPUTERS, PRINTERS AND XEROX MACHINE

Fax Machine:

The Clinic has a fax machine to be used for Clinic purposes only. The cover sheets are located on the fax table. The instructions for sending a fax are located on the machine itself on the top right-hand corner. If you fax a letter that you will not be mailing, get a confirmation (instructions are on fax machine) and file the confirmation with the letter.

Computers and Printers:

The Clinic may have computers available for student use. If so, they will be located in the student area. You can work on your correspondence at these terminals. There are also printers available for your use. Please recognize that computers are used on a first come first serve basis. However, court documents take priority. Also recognize that the administrative assistant's computer or printer is not for student use unless special permission is granted.

Xerox Machine:

Xerox cards are in the blue box on the fax table and are to be used with law school copy machines. They are for Clinic purposes only. Be sure you use the proper card. The cards are clearly marked on the outside of the envelope. There is a xerox machine on the second floor inside the mail room which you are allowed to use. These are to be used for major copying jobs.

Office Copy Machine

The copy machine in the office can be used for all clinic purposes. It does not require use of a copy card. If you need to copy personal documents such as class notes, etc., please pay Sharon $.04/page. This is the cost the clinic must pay for every copy made on this machine. This machine is to be used for light copy jobs only. All major printing projects should be done on the second floor copy machine.

STUDENT SCHEDULE, WEEKLY MEETINGS, VIDEOTAPING, OFFICE HOURS,

Student Schedule:

Provide the administrative assistant with a complete class and clinic schedule. If you are out sick or know ahead of time you will not be able to come in, please notify her immediately so she can respond to your phone calls in a professional manner.

Weekly Meetings:

Each student must schedule a 1 hour weekly meeting time with the supervising attorney. Please update your case plans each week in preparation for the meeting. Insert your changes in bold typeface. Include a to do list for each case. Submit these to your professor the day before your meeting.

Office Hours:

The supervising attorney is available to discuss your cases when in the office. Please knock if the door is shut or e-mail her to set up a convenient time to meet. Plan ahead! Organize your questions so that you may work efficiently and so may your supervisor.

In/Out Board:

Please sign in each day when you arrive and sign out each day when you leave. If you have a court appearance, IEP or other meeting, please note the location on the board.

Carrel Keys and Back Door Keys:

Carrels will be assigned by Sharon Dailey and you will be given a key. You are responsible for this key. If you lose it, you are responsible for getting a copy made. The carrel keys must be returned to the administrative assistant at the end of the semester before the last day of exams. You can pick up a door key from Jean Dudley in the Dean's Office. This also locks the door to the Down Under. This key must also be returned at the end of the semester before the last day of exams. After 5:00 p.m. both the back door and the door to the Down Under must be locked. If you are the last person to leave, please check to see that both doors are locked and the lights have been turned out.

Cases:

When new cases are assigned let the administrative assistant know immediately so she can assign a file number. She needs the child's first and last name and the date it was opened. She will then type the label. If you are transferring a case she needs to know from whom or to whom it is being transferred. If you are closing a case she needs the date it was closed. Please indicate whether the case is an MDLC or YAC case. This is very important so the supervising attorney and the administrative assistant will always know the status of the case.

Case Files:

Each of you will be responsible for maintaining your own case files. The files must be set up in a neat, organized fashion so when the semester ends the administrative assistant and the supervising attorney will be able to locate all documents. The files must have dividers for each different section.

Please keep your files in the file cabinets in the hall. If you lock it in your carrel, neither your partner nor your supervising attorney can get access to it if needed.

Student Files:

Student files will be kept on each of you in which you will keep copies of all non case related documents generated (i.e., student time sheets, weekly plans, etc.) This material will be reviewed in determining your final grade and assessing your progress.

Transfer and Closing Case Files:

You must write a status report/memo for each case that is transferred or closed. Please include the following: the issues/problems; actions taken to resolve the issues/problems (if transferring, actions which need to be taken); results of any actions; actions that need to be taken; and things that need to be done by the supervising attorney before the case will be reassigned.

Letters:

The text of the letters explained in this manual are on the disks you will receive from Sharon.

Forms:

The forms discussed in this manual are located in the blue crate located on the top of the desk in the student area.

Supplies and Paper:

Letterhead and second page paper are located in the blue crate on top of the desk in the student area. Use bond paper for final letters and final copies of briefs and memos. Drafts and internal memos should be printed on regular white paper. Other supplies are located in the file cabinet behind Sharon's desk. See Sharon for student business cards.

All information about your cases should be treated as confidential. Remember this is a law firm. Do not discuss your cases with people outside of the clinic. Information you learn from clients is confidential.

If you are representing a child, you need that child's consent to discuss what the child tells you with the parent. You may also need consent to discuss the matter with other professionals. Consult with your supervising attorney if you have any questions.

Case files are confidential and must not be left out on tables and desks. If you need to take a file home overnight, please let both the supervising attorney and the administrative assistant know. In addition, the clinic area is for clinic students only. Please limit visits with friends to the Down Under, when possible, in order to avoid other students overhearing conversations about cases.

Below is the list of letters used in the MDLC, followed by an explanation of when and how to send them. They are on the disks you will receive from Debbie. Remember no correspondence may be sent out of the office before being reviewed by your supervising attorney. You may need to edit the letters to conform to the facts of your case. These forms are meant to provide guidance in drafting your own correspondence.

MDLC-1 Letter re: Legal Representation Engagement/Attorney's Fees. This letter must be sent and returned once the Clinic undertakes the representation of the client.

MDLC-2 Letter re: Legal Representation Engagement/Attorney's Fees. This letter is sent to those clients not solely seeking educational services. Check with your supervising attorney before sending out.

MDLC-3 Letter re: Request for Educational Records. This letter is generally sent to the principal of the school with a copy going to the special education director. Check with your supervising attorney.

MDLC-4 Letter re: Medical Records Request. This letter is sent to request records for all hospitalizations.

MDLC-5 Letter re: Psychological Evaluations. This letter is sent to request psychological evaluations on your client.

MDLC-6 Letter re: Request for Due Process Hearing. This letter is sent to request a hearing.

MDLC-7 Letter re: Request for Individual Education Plan (IEP) Meeting. This letter is sent to request an IEP meeting.

MDLC-8 Letter re: Transfer of Case. If the case is being transferred to another student as opposed to being closed, this letter must be sent at the end of the semester.

MDLC-9 Letter re: Close Case File/Client Satisfaction Questionnaire. This must be sent at the conclusion of every case.

MDLC-10 Letter re: Waiting List. The administrative assistant will keep track of this correspondence and send a letter to each client on the waiting list.

MDLC-11 Letter re: Review of Court File. Must be sent in order to review court files for court-appointed cases.

MDLC-12 Letter re: Legal Representation in Juvenile Court. This letter is sent on all cases in which the Clinic has received an appointment through the court.

MDLC-13 Letter re: Declining Legal Representation. Send this letter to clients who have not called or shown up for two appointments. See your supervising attorney regarding other situations.

MDLC-14 Letter re: Entrance to Detention. This letter is needed in order for you to gain access to visiting your client in detention.

MDLC-15 Subpoena Duces Tecum for Due Process Hearing. This must be sent to the Hearing Officer at least 5 days before the hearing. You should do it in advance of the 5 days. See your supervising attorney.

MDLC-16 Subpoena for Witnesses at Due Process Hearing. This is issued for witnesses. It also must be sent to the Hearing Office 5 days prior to the hearing. See your supervising attorney.

MDLC-17 Can't Serve Letter. Sent when client does not meet criteria to be placed on the waiting list. The administrative assistant usually sends this letter after the supervising attorney has looked at the initial intake sheet.

MDLC-18 Summer Intake Letter. Administrative Assistant sends to potential clients who call during the summer when Professor Volenik is on sabbatical.

MDLC-19 Request for Due Process Hearing Letter.

MDLC-20 Appeal of Administrative Hearing Letter.

(Date)

Address

Address

Address

Address

RE: LEGAL REPRESENTATION ENGAGEMENT/ATTORNEYS FEES

Dear:

This letter is to summarize the fact that you have retained the staff of the Mental Disabilities Law Clinic to represent your son/daughter, (Child's Name), in seeking the educational rights to which he/she is entitled under state and federal law.

As we discussed, representation of (Child's Name) will be at no direct charge to you. You will, however, be responsible for costs, other than our fees, which are related to representation which may include such things as transportation costs to meetings and hotel rooms for any overnight time which may be required for representation at an administrative or court hearing and any expert witness fees charged by your experts. No such fees will be incurred without consulting you first.

Federal law does, under some circumstances, require state and local governmental agencies to pay attorney's fees if a party is successful in pursuing legal rights. If we are successful we may, therefore, seek payment of fees from appropriate agencies.

If you are contacted by representatives of (Name of School), please tell them you have retained the Mental Disabilities Law Clinic to represent (Name of Child) interests and give them my name as a contact person. Please do not respond to any requests to make decisions concerning (Child's Name) education without consulting us first.

If you are in agreement with this summary, please sign the copy of this letter and return it to me. Thank you for your cooperation in this matter.

Sincerely,

(Law Student's Name)

(Title)

Mental Disabilities Law Clinic

_________________________________ __________________________

Client Name Date

MDLC-1

Date

Address

Address

Address

Address

RE: LEGAL REPRESENTATION ENGAGEMENT/ATTORNEYS FEES

Dear:

This letter is to summarize the fact that you have retained the staff of the Mental Disabilities Law Clinic to represent (Client's Name) in seeking (Issues). As we discussed, I am a third year law student certified to practice in Virginia courts and supervised by Adrienne Volenik, Director of the Clinic, who is a member of the Virginia State Bar.

Our representation of (Client's Name) will be at no direct charge to you. The law does, under some circumstances, require the payment of attorney's fees if we are successful in pursuing our claims. Although our representation of you will be at no direct charge to you, you may be responsible for costs which are related to representation. These costs will be discussed with you before they are incurred.

If you are contacted by anyone regarding this case, please tell them you have retained us to represent your interests. Please do not respond to any requests concerning this issue without consulting us first.

If you are in agreement with this summary, please sign the copy of this letter and return it to me. Thank you for your cooperation in this matter.

Sincerely,

(Law Student's Name)

(Title)

Mental Disabilities Law Clinic

_______________________________ _______________________________

Client Name Date

MDLC-2

Date

Address

Address

Address

Address

RE: REQUEST FOR EDUCATIONAL RECORDS

Dear:

This letter is to advise you that the University of Richmond Mental Disabilities Law Clinic is representing(Client) in connection with his/her (legal rights). In accordance with the Virginia Freedom of Information Act, § 2.1-342 of the Virginia Code, the Individuals with Disabilities Education Act (IDEA), and the Federal Educational Rights Privacy Act (FERPA), 34 C.F.R. Part 99.1, please provide me with copies of all school records; cumulative, confidential, and disciplinary including and subsequent to the last triennial.

Enclosed is the release the parents have signed giving us the consent to obtain these records. Thank you for your cooperation in this matter.

Sincerely,

(Law Student's Name)

(Title)

Mental Disabilities Law Clinic

Enclosure

MDLC-3

(Date)

________________, Director

Medical Records Department

(Name of Hospital)

(Address of Hospital)

RE: MEDICAL RECORDS REQUEST

(Name of Client)

(Date of Birth)

Dear:

The University of Richmond Mental Disabilities Law Clinic is representing (Parent/Guardian's Name) and his/her son/daughter, (Client's Name), in connection with (Client's Name) special education needs.

Enclosed is a release form signed by (Parent/Guardian). On the basis of this release we request that you send to the University of Richmond Law Clinic copies of the following records in your possession regarding the above-referenced individual:

psychological evaluations

neurological evaluations

psychiatric evaluations

educational, physical, and social history

admission and discharge summaries

Please send these records as soon as possible so that we may promptly provide assistance to (Client's Name). Please call me at 289-8921 if you need further information.

Thank you for your assistance.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

Enclosure

MDLC-4

(Date)

_____________, Administrator

Psychological Services

(Address 1)

(Address 2)

(Address 3)

RE: REQUEST FOR PSYCHOLOGICAL EVALUATIONS

(Name of Client

(Date of Birth)

Dear:

The University of Richmond Mental Disabilities Law Clinic is representing (Parent/Guardian) and his/her son/daughter, (Client's Name), in connection with (Client's Name) special education needs.

Enclosed is a release form signed by (Parent/Guardian). On the basis of this release, please send to the University of Richmond Law Clinic copies of all psychological evaluations maintained on (Client's Name).

Your prompt response to this request would be appreciated to expedite (Client's Name) proper educational placement.

Thank you for your cooperation.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

Enclosure

MDLC-5

(Date)

__________________, Special Education Director

__________________ Public Schools

(Address 1)

(Address 2)

(Address 3)

RE: REQUEST FOR DUE PROCESS HEARING

(Client's Name)

(Date of Birth)

Dear:

The University of Richmond Mental Disabilities Law Clinic is representing (Parent/Guardian) and his/her son/daughter (Client's Name), in connection with (Client's Name) special education problems. At their instruction, and as provided under the Individuals with Disabilities Education Act, its implementing regulations, and §504 of the Rehabilitation Act of 1973, we are requesting, on their behalf, a due process hearing concerning his/her special education.

A due process hearing is being requested to address the issues identified at this time as (issues). Please have the Supreme Court appoint a hearing officer within the required time limits.

Thank you for your cooperation in this matter.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

c: ____________________________

Principal, ___________________

____________________

Due Process Proceedings Coordinator

Virginia Department of Education

MDLC-6

(Date)

_________________, Principal

_________________ Public Schools

(Address 1)

(Address 2)

(Address 3)

RE: REQUEST FOR IEP MEETING

(Client's Name)

(Date of Birth)

Dear:

The University of Richmond Mental Disabilities Law Clinic is representing (Parent/Guardian) and his/her son/daughter, (Client's Name), in connection with (Client's Name) special education needs.

Based on the above information, I am requesting on behalf of (Client's Name) that an IEP conference be convened no later than (Date) to consider a change of services and/or placement for (Client's Name).

Please contact me at (804) 289-8921 if you have any questions or require further information.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

c: _________________________

Special Education Director

MDLC-7

(Date)

Address

Address

Address

RE: TRANSFER OF (CLIENT'S NAME) CASE

Dear:

I am writing to inform you that I am transferring your case to another student who will work with you through the Clinic for the upcoming semester. In the interim period, Adrienne Volenik, Director of the Mental Disabilities Law Clinic, will assume responsibility for your case.

I hope the services you have received up to this point have been satisfactory. If you have any questions or concerns, please contact the Clinic at 289-8921.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

MDLC-8

Date

Address

Address

Address

Address

RE: CLOSED CASE FILE/CLIENT SATISFACTION QUESTIONNAIRE

Dear :

I am writing to inform you that we are closing your case file. As of today, we consider our legal representation of _______ concluded.

Enclosed please find a copy of a Client Satisfaction Questionnaire. The purpose behind this questionnaire is for the Mental Disabilities Law Clinic to receive an honest evaluation of the services we have provided to you throughout your case. The answers we receive on this questionnaire help us evaluate our program's benefits and deficiencies. We would greatly appreciate your completion and return of this questionnaire in the enclosed self-addressed, stamped envelope.

If you have any remaining legal concerns, please contact Adrienne Volenik, Director of the Clinic. We wish you the best of luck in the future.

Sincerely,

Sharon Dailey

Administrative Assistant, Law School Clinic Offices

Enclosure

MDLC-9

(Date)

(Name of Clerk), Clerk

(Location) Juvenile &

Domestic Relations Court

(City or County), VA (Zip)

RE: REVIEW OF FILE

Dear (Clerk's Name):

Please let ________ review any and all of ____________'s files as she/he requests. We were appointed to represent _____________in a _______________ matter scheduled for _____________. _____________ is a third year law student in the Mental Disabilities Law Clinic at the University of Richmond. She/He is also certified to practice in Court under Part 6: § IV, ¶ 15, Rules of the Supreme Court of Virginia.

Thank you for your cooperation in this matter.

Sincerely,

Adrienne Volenik, Esquire

Director, Mental Disabilities Law Clinic

MDLC-11

(Date)

(Address 1)

(Address 2)

(Address 3)

RE: LEGAL REPRESENTATION IN JUVENILE COURT

Dear:

I have been appointed to represent you in your upcoming case before The Honorable (Judge's Name) in the (Location) Juvenile and Domestic Relations Court. I am a third year law student at the University of Richmond's Law School and am certified to practice in court. I am under the direct supervision of Adrienne Volenik, Director of the Mental Disabilities Law CLINIC, who will be present at all court appearances.

It is important that we meet prior to the court date of (Date) in order that I understand your side of the case so I may effectively represent you. Please call me at 289-8921 so we can schedule an appointment.

Sincerely,

(Law Student's Name)

(Title)

Mental Disabilities Law Clinic

MDLC-12

(Date)

(Address 1)

(Address 2)

(Address 3)

RE: DECLINE OF LEGAL REPRESENTATION

Dear:

I am writing to inform you that the Mental Disabilities Law Clinic is unable to (continue to represent) or (accept you) as a client.

Our services are in great demand by persons in the community who have pressing and immediate legal concerns. You have failed to follow through on your appointments. We cannot justify representation of a client who is inconsiderate of our responsibilities and time constraints.

Sincerely,

(Student's Name)

(Title)

Mental Disabilities Law Clinic

MDLC-13

Date

Address

Address

Address

RE: ENTRANCE TO DETENTION

Dear:

Please be advised that the University of Richmond, Mental Disabilities Law Clinic has been appointed to represent _______________________. I supervise _____________________, a (second/third) year law student, who is an intern in the clinic. Please permit _______________ to interview this juvenile in your detention center.

Thank you for your cooperation in this matter.

Sincerely,

Adrienne Volenik, Esquire

Director, Mental Disabilities Law Clinic

MDLC-14

IN RE: (CHILD'S NAME)

Certified Mail - Return Receipt Requested

TO: (Address 1)

(Address 2)

(Address 3)

By virtue of the authority vested in me, the undersigned Hearing Officer, in accordance with the provisions of Title 22.1-214.1 of the Code of Virginia, 1950, as amended, you are hereby commanded to produce documents at a Due Process Hearing regarding (Child's Name) on (Date) by (time) at the University of Richmond.

This subpoena is being issued at the request of Adrienne Volenik, attorney, and (Student Attorney's Name), representatives for the parents, (Parent's Name), and the minor child, (Child's Name). Ms. Volenik's and (Student Attorney's Name) address and telephone number are University of Richmond, T.C. Williams School of Law, Law School Clinics, Richmond, Virginia 23173 (804) 289-8921.

1. The names, addresses, telephone numbers and social security numbers of all teachers and substitute teachers.

2. The employee handbook, or similar document, which outlines the employer's qualifications for employment, or consideration for employment, the rules and regulations for employees (code of conduct) and reasons for termination.

3. Existing written materials and/or a handbook on physical restraint techniques.

REFUSAL TO COMPLY WITH THIS HEARING OFFICER'S SUBPOENA MAY RESULT IN THE HEARING OFFICER PROCURING AN ORDER OF ENFORCEMENT IN THE CIRCUIT COURT OF PRINCE GEORGE COUNTY, VIRGINIA.

c: Attorney(s) for School Board

MDLC-15

IN RE: CHILD'S NAME

Certified Mail - Return Receipt Requested

TO: (Address 1)

(Address 2)

(Address 3)

By virtue of the authority vested in me, the undersigned Hearing Officer, in accordance with the provisions of Title 22.1-214.1 of the Code of Virginia, 1950, as amended, you are hereby commanded to testify at a Due Process Hearing regarding (Child's Name) on (Date), at (Time) at (Location).

This subpoena is being issued at the request of Adrienne Volenik, attorney, and (Student Attorney's Name), student lawyers for the parents, (Parents Names), and the minor child, (Child's Name). Ms. Volenik's and (Student Attorney's Name) address and telephone number are University of Richmond, T.C. Williams School of Law, Law School Clinics, Richmond, Virginia 23173 (804) 289-8921.

REFUSAL TO COMPLY WITH THIS HEARING OFFICER'S SUBPOENA MAY RESULT IN THE HEARING OFFICER PROCURING AN ORDER OF ENFORCEMENT IN THE CIRCUIT COURT OF ______________COUNTY, VIRGINIA.

c: Attorney(s) for School Board

MDLC-16

Date

Address

Address

Address

RE: Child's Name

Dear :

I am sorry to inform you that we cannot assist you with the legal issues regarding your son/daughter, _______. As you may know the University of Richmond's Mental Disabilities Law Clinic serves to educate law students in the area of children's rights. I am limited, however, in the number of cases I can select for student experiences. Since I have had numerous requests for services I have had to make decisions for selection based on several criteria including educational interest and value for student attorneys, disability, serving multi-cultural populations, serving persons on a limited income, location of clients, and how the timing of the case fits into our academic calendar. Applying these criteria to your situation, I am sorry I am unable to serve you. You may wish to try the Virginia Lawyer Referral Service Center at 1-800-552-7977.

I do wish you success in the pursuit of _________'s educational program..

Sincerely,

Professor Adrienne Volenik

Director, Mental Disabilities Law Clinic

MDLC-17

Date

Address

Address

Address

RE: Child's Name

Dear :

As you are aware, the Mental Disabilities Law Clinic is a law school educational experience for second and third year law students. Case selection is based on several criteria including the fact that we have students available to represent the client and handle the case. During the summer months one faculty member manages the caseload along with a few students. Therefore, we do not accept any new cases, nor do we reopen any old cases.

If you wish to get on our waiting list, please call me at 289-8921 to complete an intake.

Sincerely,

Sharon Dailey

Administrative Assistant, Mental Disabilities Law Clinic

MDLC-18

Date

Address of Superintendent

Re: [Student Name]

Dear :

As a [blank year] law student in the Mental Disabilities Law Clinic at the University of Richmond Law School and under the supervision of Professor Adrienne Volenik, we represent [Student's Name] and his/her parents, [Parents' Names]. On behalf of our clients we are requesting a due process hearing under 20 U.S.C. §1415, 29 U.S.C. §794, and the supporting regulations of each (34 C.F.R. parts 104 and 300), as well as §22.1-213 - 22.1-221 of the Virginia Code and the supporting Virginia Regulations, Regulations Governing Special Education Programs for Children with Disabilities.

The due process hearing is requested to consider issues related to the failure of [Education Agency] to [list complaints] as required by law.

Sincerely,

Law Student

Adrienne Volenik

Assistant Clinical Professor of Law

c: Director of Special Education

School Principal

MDLC-19

Date

Address of State Education Agency

Official Responsible for Appointing

Hearing Officers

Re: ______________ v. _____________________

Dear :

[Name of Appealing Party] hereby appeals the decision of the hearing officer in the above referenced case with respect to the determination that [insert complaint with the hearing officer's decision].

Sincerely,

Law Student

Adrienne Volenik

Assistant Clinical Professorof Law

c: Attorney for Opposing Side

MDLC-20

Please consult the following sources when conducting legal research:

1. Traditional Legal Sources: These sources include federal and state statutes, regulations, case law, legislative history, and Virginia Department of Education policies and due process decisions and policies of other agencies and teams.

2. Subject Matter Files: These files are kept in the large file cabinet and contain articles of interest, policy manuals etc. Please feel free to add any information which would be of use to your classmates. If you remove a folder put it back in its proper place. These should remain alphabetized!

3. Programs, Schools and Community Services: The accordion files on top of the file cabinets contain a file directory of programs and services in addition to brochures of the many programs available to the youth we represent. In addition, there is a manual on Residential Programs for Youth in Virginia and it is an invaluable source for your clients.

4. Clinic Library: We have good resource material both in the interview room and in the conference room. Please do not remove or keep books at your carrel when other students may need them. If you need them for any length of time or to take them home please let the Supervisor know. If there are materials in the main library which you think we should have in the Clinic please let us know and we will try to obtain a copy.

5. Brief Bank: This contains legal documents, briefs and case decisions from previous cases. It is the student's responsibility to make an extra copy of and label pleadings, briefs, decisions etc. and file them in the appropriate file cabinet.

6. The Individuals with Disabilities Education Act Law Reporter (IDELR). Formally the Education for Handicapped Law Reporter, (EHLR). These reporters located in the conference room must be checked thoroughly for any cases, state educational (SEA) decisions, Office of Special Education and Rehabilitative Services (OSERS), policy letters, Office of Special Education Programs, (OSEP), policy letters, and Office of Civil Rights, (OCR), policy letters. Check all the volumes starting with the most recent. Please use the INDEX for information on how to use this reporter system.

7. LEXIS and Westlaw: Please use this only if you know a specific case exists or to shepardize, do cite check etc. Too many students have missed important cases by just relying on computer research and have not used the reporters correctly. If you are having problems please see your supervising attorney.

I. Ongoing Evaluation of Clinic Student Work

The faculty evaluates the student's work. Students earn six credits in the clinic, which is letter-graded. Evaluation serves as a check that acceptable standards are met and serves as a mechanism for the development of improved skills. The Clinic also promotes student self-evaluation to help students learn from their experiences. The student will receive feedback in the following ways:

A. Regular weekly meetings with faculty: These meetings provide an opportunity for informal discussion of all aspects of student work. Students are to plan and present a written agenda for these discussions. In addition to discussing their work plan (discussed below), students should be prepared to discuss their own personal learning goals, how they react to their clients and cases and, what they hope for or expect from their clinical experience. The purpose of this discussion is to show the evolution of student thought over the course of the semester in developing a professional role.

B. Written work: Students receive faculty comments on all written work. Students are expected to review these comments to improve their work. All drafts must be kept in your student file.

C. Case Plans/Work Plans:

Students are to develop a case plan for each case assigned. These plans can be used in conjunction with weekly meetings with faculty and are an important organizational tool for students. Plans should be updated periodically as the case progresses.

D. Mid-semester evaluation conference: At mid-semester, the faculty attorney will meet with the student to discuss the student's progress. In addition, the faculty is available to discuss students' concerns at other times. To determine final grades, faculty reviews the students work file and the case files on which each student worked and takes into account personal observations of student performance in the seminar, on cases, and on other clinic activities. (See the criteria taken into consideration for final grade determination).

II. Areas To Be Evaluated

The purpose of the following outline is to provide specific areas for evaluation comments, discussions, and ultimately, grading. Learning opportunities differ greatly from one case to the next. For example, one case may require writing an extensive memo while another involves planning and client briefings, but no memo writing. In fact, it is rare that a single project touches upon all parts of the outline. Nonetheless, the outline gives notice of the issues that the clinic will stress whenever appropriate.

A. Student Responsibilities for Time and Participation

1. Manages time and meets deadlines appropriately:

Generally, each student is expected to spend 8 hours per week for every credit hour in the clinic. Since the summer clinic is a four hour course, expect to average 32 hours a week on clinic activities. Because students must be available for phone calls, the bulk of these hours should be completed during the normal clinical business work day. Some flexibility is allowed to accommodate class and work demands.

Students are to provide their schedules to the faculty and administrative assistant in the clinic to indicate when the student will be at the office, work and in class. You are to update this schedule if there are any changes over the course of the semester. Faculty and students will have specific office hours.

For review of the time devoted to the clinic and whether it is used efficiently, students must keep contemporaneous time records. The completed time sheet forms must be submitted no later than Mondays at noon. These are to be placed in the clinic administrative assistant's mail box.

Time conflicts are not acceptable reasons for failure to meet clinic responsibilities or deadlines. Each student is responsible for anticipating time conflicts far enough in advance to avoid them. Work may be shifted to others if necessary, but lead time is essential.

2. Is punctual and prepared for all classes, case rounds and meetings.

Weekly class participation is mandatory and constitutes a portion of performance on which students are evaluated. Case rounds are also mandatory. Case rounds will be held on an as needed basis. The purpose of these meetings is to discuss cases with fellow students and problem-solve. Students are responsible for setting the agenda for individual and/or team meetings.

3. Is responsive to constructive criticism from faculty and staff.

B. File Management/Office Procedures:

1. Organizes files neatly and logically

2. Enters appropriate and sufficient information on client time sheets

3. Keeps client time sheets up to date

4. Returns file/confidential client information to file cabinets when not in use

5. Enters appropriate and sufficient information on student time sheets

6. Turns in time sheets to instructor/administrative assistant in timely manner

7. Files time sheets and written material as directed

8. Follows other office procedures as outlined in clinic manual

C. Interpersonal Skills:

1. Establishes and maintains good rapport with client

2. Establishes and maintains good rapport with parent/guardian/family members

3. Establishes and maintains good rapport with professionals involved in cases

4. Balances assertiveness with diplomacy when advocating for client

5. Works cooperatively with other clinic students

6. Is receptive to suggestions/constructive criticism from instructor or other students

7. Offers suggestions/criticism to other students in constructive manner

D. Communication Skills:

1. Written Communication (Letters, Case Plans, GAL Reports)

a. Organizes information for most effective communication

b. Chooses relevant information/summarizes for most effective communication

c. Gears language of written material to intended audience

d. Communicates without undue reliance on "legalese."

e. Avoids errors in spelling, grammar, punctuation

f. Formats material attractively and appropriately

g. Attributes second-hand information to appropriate source

h. Communicates accurate information

i. Keeps communication to appropriate length

j. Mails, files, or turns in to instructor in timely manner

k. Sends copies to appropriate parties

l. Communicates with client/others at appropriate intervals

2. Oral Communication (Phone calls, interviews, class presentations, meetings)

a. Organizes information for most effective communication

b. Chooses relevant information/summarizes for most effective communication

c. Gears language of oral presentation to intended audience

d. Communicates without undue reliance on "legalese"

e. Insures that audience understands unfamiliar terms used

f. Attributes second-hand information to appropriate source

g. Keeps communication to appropriate length

h. Asks relevant and appropriate questions

i. Communicates legally and factually accurate information

j. Provides sufficient information to client and other parties

k. Listens effectively and at appropriate intervals

l. Avoids interrupting other parties unless necessary to advocacy

m. Communicates with client/others at appropriate intervals

E. Case Development:

1. Getting started:

a. able to identify relevant legal issues from known facts

b. is able to identify client needs from known facts

c. is able to develop theory of the case based on issues/needs identified

d. is able to translate theory of case into specific goals and objectives

e. carries out these goals and objectives effectively and in a timely manner

f. keeps case plans up to date

2. Research and Legal Writing:

a. Identifies appropriate issues for legal research

b. Identifies appropriate sources for legal research

c. Conducts thorough and accurate research

d. Applies legal information appropriately to facts in case

e. Writes/drafts effective motions, legal memos, briefs and reports

f. Completes drafts in a timely manner to allow for review by supervisor and subsequent revision

g. Completes final product in a timely manner

3. Fact Investigation:

a. Identifies appropriate sources of information (persons, records, etc.)

b. Is able to obtain relevant information from these sources in a timely fashion

c. Is able to apply this information to overall case strategy

4. IEP/Other Meeting Participation:

a. Establishes appropriate goals for meetings

b. Is familiar with facts and law

c. Participates fully in meeting

d. Present client's position accurately, zealously, and diplomatically

5. Pre-Court/Administrative Hearing Preparation:

a. Chooses most effective witnesses

b. Subpoenas witnesses in a timely manner

c. Prepares client and witnesses effectively for court

d. Identifies/drafts/makes appropriate pre-trial motions

e. Prepares organized, effective trial notebook, if appropriate

f. Negotiates plea agreement, if appropriate

F. Trial/Courtroom Administrative Hearing:

1. Handles effectively (where applicable):

a. preliminary matters/motions

b. Opening statement

c. Direct examination

d. Cross examination

e. Objections and responses to objections

f. Motions during and after trial

g. Introduction of evidence

h. Closing statement

i. Presentation/summary of GAL report

2. Demonstrates due deference to Court/Administrative Hearing Officer

3. Balances zealous representation with diplomacy

4. Demonstrates appropriate physical demeanor, body language

5. Is able to deviate from plan/"think on feet"

6. Articulates position effectively

G. Ethics/Professionalism:

1. Identifies ethical issues arising from assigned cases

2. Responds appropriately to ethical issues arising from assigned cases

3. Conducts self in a professional manner at all appropriate times/places

4. Dresses appropriately for court, interviews, meetings and home visits

5. Understands/adheres to particular attorney role in a given case

6. Provides zealous representation

7. Respects/protects client confidentiality

8. Demonstrates sensitivity to issues of racial and cultural diversity

H. General Course Requirements:

1. Is completing/has completed all work necessary to successful completion of cases

2. Averages approximately 24 clinic hours per week (mid-term)

3. Has completed a minimum of 336 clinic hours (final)

4. Avoids unexcused absences from class or case rounds

5. Attends weekly supervision meetings

6. Is prepared for class, case rounds and weekly supervision meetings

7. Participates actively in class, case rounds and weekly supervision meetings

8. Completes/performs well on non-case related projects or writing assignments

In order to obtain a grade for the course, the following work must be completed and a final conference must be scheduled:

1. A final self-evaluation based on your identified strengths and weaknesses and the evaluation criteria in the manual. This is due prior to the final evaluation.

2. A completed case plan.

3. A chronology of major events.

4. A final status or transition report of the case to include a brief summary of what occurred during the semester and what actions need to be taken.

Also, check to see that:

5. All necessary consents are in the file.

6. All files are tabbed correctly.

7. Letters of representation are included in the file.

8. Closing or transfer memos are given to the supervising attorney.

9. Closing or transfer letters are sent to the client and filed.

10. All client time sheets are filled in and reimbursement has been requested, if appropriate.

11. Include, on the top inside of the file, a list of all important phone numbers and addresses (i.e., clients, therapists, residential programs, school divisions, personnel and attorneys).

12. Manuals and all keys are returned. (or grades will not be given)