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Individuals with Disabilities Education Act (IDEA) and
Discipline of Students with Disabilities - What the Law Allows and Requires

About the Presenter

Elaine B. Roberts

EDUCATION:

  • University of Houston Law Center; Juris Doctorate (J.D.); August 1990; Phi Delta Phi, Order of Barristers and International Law Journal;

  • Southwestern Paralegal Institute, Houston, Texas; Paralegal Certificate (With Honors);

  • University of Southwestern Louisiana, Lafayette, Louisiana, B.A.-Secondary Education; Magna Cum Laude.

RELATED TRAINING:

  • Keybridge Foundation Mediation Training. Intensive training on Titles I-III of the ADA and mediation of ADA complaints.

  • EEOC ADA Training and Implementation Network Task Force, Phases I and II. One of 100 individuals chosen nationwide for both phases of this intensive ADA training and public education program.

  • 40 Hour Mediator Certification Training Program, Harris County Dispute Resolution Center, August 1992.

LEGAL EXPERIENCE:

Attorney, Bruckner Burch PLLC, Houston, Texas (November 1999 to Present)

  • Lead counsel in complex ADA class action lawsuits.

  • Assisted with complex labor and employment disputes under FLSA, ERISA, Title VII, FMLA, ' 1983 and state law.

  • Mediation of disability related disputes.

  • Lead counsel in administrative and legal proceedings under IDEA, Section 504 and state disability laws.

  • Trainer on state and federal disability laws including the ADA, Section 504, IDEA, Texas Education Code, Texas Commission on Human Rights Act and Chapter 121 of the Texas Human Resources Code.

  • Assist clients to develop personnel policies, procedures and handbooks.

  • Represent students at ARD meetings and disciplinary hearings.

Managing Attorney, Senior Regional Attorney and Regional Staff Attorney, Advocacy Incorporated, Eastern District, Houston, Texas (May 1995 to November 1999)

  • Lead counsel in complex lawsuits and administrative proceedings under ADA (Titles I-III); Section 501 and Section 504 of the Rehabilitation Act; Air Carrier Access Act; Fair Housing Acts (State and Federal); Texas Commission on Human Rights Act; Individuals with Disabilities Education Act; Nurse Practices Act; Developmental Disabilities Act; Protection and Advocacy for Mental Ill Persons Act; Texas Health and Safety Code, State and County Public Accommodation Laws and Section 1983.

  • Provided technical assistance to private attorneys, governmental entities and businesses on disability related issues, and acted as an expert witness on ADA issues.

  • Developed ADA Section 504 compliance policies and procedures for businesses and public entities.

  • Represented clients in court and in administrative proceedings.

  • Supervised and coordinated legal activities for regional attorneys, law clerks and legal assistants dealing with the twenty-three county East region.

  • Prepared and conducted extensive CLE and training programs for professional organizations, consumer groups, governmental entities, and private employers on a variety of disability related issues.

  • Interpreted laws, ruling and regulations for clients and advised them of their legal rights.

  • Mediated ADA, IDEA, Section 504, and state law disability related disputes.

  • Conducted and supervised research, interviewed clients and witnesses, and prepared cases for out-of-court settlement or trial.

Attorney in Private Practice in Bellaire, Texas (May 1991 to May 1995)

  • Represented clients: at ARD meetings; for administrative hearings and appeals; in federal and state court litigation and mediations under the ADA, Section 501 and Section 503 of the Rehabilitation Act, Section 1983, Texas Commission on Human Rights Act, Individuals with Disabilities Education Act and the Education for All Handicapped Children's Act, Title VII and in civil service proceedings.

  • Consulted with firms, business, and governmental agencies on disability issues.

  • Mediated disability related and community based disputes.

Legal Intern for the Honorable James De Anda, Chief Judge, Southern District of Texas, Houston Division (June 1987-February 1988)

  • Conducted legal research and prepared memoranda, orders and decisions (including bench trial decision) for the court.

  • Briefed law clerks and Judge De Anda on a variety of legal issues.

  • Assisted at hearings and conferences.

PROFESSIONAL AFFILIATIONS:

  • Member in good standing with the Texas Bar Association, Fellow of the State Bar College, Pro Bono College, Member of Employment Law, Alternative Dispute Resolution and School Law Sections. Disability Issues Committee Member.

  • Houston Bar Association, Speaker Bureau Committee Member and Speaker (1993-1994; 1994-1995); ADR Committee, Board of Directors for Harris County Dispute Resolution Center (1996-97,1997-98 and 2003-2004). Member of Pre-Suit Mediation Project Task Force and Employment Law, Federal Practice and Alternative Dispute Resolution Sections.

  • Dyslexia Foundation, Vice-President, Board Member and Contributing Author for Newsletter.

  • Association of Women Attorneys.

  • Contributing Author for "Guide to the Legal Rights of Texans with Disabilities" compiled by Texas Young Lawyers Association.

  • EEOC ADA Training and Implementation Network Member.

  • Keybridge Foundation Mediator for ADA complaints filed with the Department of Justice.

  • Trainer, panel member and featured speaker before many legal, disability, business, and governmental entities.

  • Faculty member for the Texas Municipal Courts Education Center, Instructor for ADA '504 and state disability law compliance.

Other Highlights:

  • Designed numerous disability compliance programs, including several that have been nationally recognized.

  • Widely recognized for disability related work, training and experience.

  • PILO Outstanding Alumni Award, University of Houston Law Center 1998.

  • Licensed to practice in Texas State Courts and before the U.S. District Court for Southern and Eastern Districts of Texas; and U.S. Court of Appeals, Fifth Circuit.

  • Frequent lecturer for bar and law school programs and classes on issues under the ADA, Section 504, the IDEA and the Texas Education Code.

  • Volunteer mediator for the Dispute Resolution Center of Harris County.

 

Contact Information:

Elaine B. Roberts
Bruckner Burch PLLC
5847 San Felipe, Suite 3900
Houston, Texas 77057
(713) 877-8788
eroberts@brucknerburch.com

 

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The complete ILRU Web site was developed with support from grants from the Department of Education. However, its contents and the opinions expressed do not necessarily represent the policy of the Department of Education, and no endorsement by the Department should be assumed. ILRU is a program of TIRR (The Institute for Rehabilitation and Research), a nationally recognized medical rehabilitation facility for persons with disabilities.

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Last Modified: 04-07-05