|
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
|
|