From Delinquency to Death

 Using Education Advocacy to Reduce Penal Consequences at All Ages

Friday, April 1, 2016
Loyola Law School, Los Angeles
Robinson Courtroom

Loyola Law School’s Center for Juvenile Law and Policy invites you to the first in a two-part series of symposia for juvenile defenders, educators, experts, and advocates that examines state education law as a path to social justice. Part 1, “From Delinquency to Death,” on April 1, focuses on how to use education law to advocate for individuals in criminal proceedings, such as at-risk children and struggling teens in delinquency court, and adults in criminal court at trial, at the death penalty phase, and in parole and re-sentencing hearings. Part 2, “Every Student Succeeds: Addressing Legal Inequities in Public Education,” September 9 and/or 10, examines the uses of education law to advocate for social justice in the classroom. Bringing together educators, child advocates, and attorneys, it will examine, first, how education law can be used to remediate the educational inequities experienced by at-risk, mentally ill, and disabled children in schools; and, second, how impact legislation might address systemic inequities including access to advanced courses and the failure to adequately equip teachers and administrators with the very laws meant to protect the education rights of their students.
8:00 - 8:45   Registration and Breakfast

8:45 - 8:55

 
  Welcome by Sean Kennedy, Executive Director, Center for Juvenile Law & Policy, Loyola Law School 

9:00 - 9:25





  Jumpstart:  Special Education 101: An Introduction to IDEA, ADA, and Section 504.
A beginner’s guide to the fundamentals of education law

Presenter:
Rodolfo Estrada, Director, TIGER Program, Learning Rights Center 

     
9:30 - 10:45


















 
  Session OneEducation Law for Delinquency Court, Part I: Mitigation

An examination of how education law can serve a crucial role in juvenile mitigation strategies for dismissals, plea-bargaining discussions, and disposition advocacy.  Panelists will share perspectives on how to incorporate special education into defense representation by using it both to explain youth behavior and decision-making and to propose remedies more responsive to youth’s potential for rehabilitation.  Special attention will be paid to using education law in defense arguments aimed to decrease incarceration and advocate, instead, for individualized and more constructive alternatives.

Moderator: 
Andrea Yamsuan '14, Federal Public Defender, CJLP alumna

Panel: 
Joseph B. Tulman, Director, Took Cowell Institute for At-Risk Youth,
University of the District of Columbia, David A. Clarke School of Law

    Samantha Buckingham, Co-Director, Juvenile Justice Clinic, Center for Juvenile Law and Policy, Loyola Law School
    Rigoberto Arrechiga '98, Los Angeles County Public Defender Resource Attorney
    Rosa Hirji, Special Education Attorney & Managing Partner, RKH Law Office
     
10:45 - 11:00

  Break

11:00 - 12:30   Session Two: Education Law For Delinquency Court, Part II
Challenging Competency, Transfers, and Statements


A discussion of how to present a client’s disabilities and school performance as challenges to competency, transfer to adult court, and the use of self-incriminating statements. Panelists will explain the different defensive strategies in which education issues are useful and how to best utilize expert reports and expert testimony accordingly.
     
    Moderator:
Kevin Lapp, Associate Professor of Law, Loyola Law School

Panel: 
Rohini Khanna, Former Clinical Fellow, Center for Juvenile Law and Policy, Loyola Law School
Julieta Salvador 
David Heebner, Clinical Students, Juvenile Justice Clinic, Center for Juvenile Law and Policy, Loyola Law School
Michael Smith, Director, Youth Justice Education Clinic, Center for Juvenile Law and Policy, Loyola Law School
Rourke Stacy, Los Angeles County Deputy Public Defender
Dr. Nancy Kaser-Boyd, Clinical and Forensic Psychologist, UCLA Professor

12:45-1:40   Lunchtime Session: Peter P. v. Compton Unified School District:
    A Historic Ruling on the Special-Education Needs of PTSD Children
     
    Introduction:
    Jyoti Nanda, Faculty Director, Youth and Justice Clinic, UCLA School of Law
     
    Speaker:
    Kathryn Eidmann, Staff Attorney, Opportunity Under Law, Public Counsel
Anne Hudson-Price, Staff Attorney, Opportunity Under Law, Public Counsel
     
 1:45 - 3:00   Session Three: Education Law beyond Juvenile Court
   
An exploration of the strategic uses of education law in adult criminal court, at trial, at the death-penalty phase, and at Miller parole and resentencing hearings, where adult clients’ histories often demonstrate significant educational and mental health issues, disability, or trauma occurring in their childhoods. These mitigating factors are especially useful in cases involving children transferred to adult court, where they received draconian sentences that might now qualify for a 
Miller hearing.
     
    Moderator:
    Christopher Hawthorne '00, Director, Juvenile Innocence and Fair Sentencing Clinic, Center for Juvenile Law and Policy, Loyola Law School
     
    Panel: 
    Marta VanLandingham '07, Federal Public Defender, Capital Habeas Unit
    Efty Sharony, Senior Mitigation Specialist & Social Worker, Center for Juvenile Law and Policy, Loyola Law School
    Dr. Manuel Saint Martin, Forensic Psychiatrist 
    Sandra Saberman, Capital Mitigation Investigator, Federal Defender, San Diego
     
 3:15 - 4:00   Breakout Sessions
   
Breakout Sessions will allow attendees the opportunity to discuss and contemplate new uses of the information they gleaned at the symposium. Through these sessions ideas for future collaboration and further training or education may also be examined.
     
    Option 1: Education Law for Delinquency Court, Part I: Mitigation
    Option 2: Education Law for Delinquency Court, Part II: Challenging Competency, Transfers, and Statements 
    Option 3: Education Law beyond Juvenile Court
    Option 4: Peter P. v. Compton Unified School District
     
 4:05 - 4:10   Closing Remarks
    Sean Kennedy, Executive Director, Center for Juvenile Law and Policy, Loyola Law School
     
 4:15 - 5:00   Reception on Girardi Patio
     
     

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Sign-in and breakfast begin at 8 a.m. 
Morning sessions to follow promptly at 9 a.m. 
Onsite parking available at $9 per day. 

Registration Fee:

$35 per attendee Breakfast, lunch, and reception included

$20 MCLE fee
MCLE credit available. Loyola Law School, Los Angeles is a State Bar of California approved MCLE provider.