Alternative Dispute Resolution / Mediation
Special Education Policy and Procedure
Together, we can serve all of our students.
I work with families, students, school districts, state and county agencies, tribes, and community-based organizations, to address the needs of students with disabilities and the systems that support them.
Services For
School Districts
I help school districts and other agencies resolve complex issues related to special education policy and procedure — minimizing bureaucratic overhead and reducing the legal exposure of those systems that serve them.
Range of services I provide
Alternative Dispute Resolution / Mediation
As a mediator, I work hard to ensure that resolutions between parties are durable and sustainable, thus reducing the chances of costly future conflict
At the Department of Education, Office for Civil Rights, I mediated over 100 cases, with a 90% success rate, often being assigned the most contentious and complex cases
I believe that alternative dispute resolution is often the most advantageous, satisfying, and financially manageable path for all concerned parties
Special Education Program Review and Development
Evaluate current program and identify possible compliance concerns
Recommend changes to bring program into compliance with federal civil rights laws
Oversee revisions and updates to program policies and procedures
Develop communications about program details such that all appropriate staff understand their role in its implementation
Section 504 Coordination
Consult and advise school district Section 504 Coordinators, and other relevant parties
Provide coaching and resources to help Section 504 Coordinators understands the scope, objectives, and common processes related to the role
Evaluate school district communication channels to ensure that clear access to Section 504 resources and staff are available
Develop governance plan to ensure that school district maintains ongoing adherence to Section 504 requirements
Training
Drawing from my deep expertise on the federal statutes that govern access and opportunity in education, I help training participants build competency and effectiveness at navigating legal frameworks and accomplishing special education goals.
Throughout my career, I have developed and delivered trainings, workshops, and presentations, to school school districts, universities, government, state, and local agencies, tribal governments, nonprofits, community groups, and bar associations, to inform and empower educators and improve student outcomes.
Common concerns I address
When should a student be identified and/or evaluated for purposes of special education services?
Is the definition of disability different under the IDEA and Section 504 and which one should we follow?
How do we know when to develop an IEP or Section 504 for a student with a disability?
When should a student be re-evauated and what constitutes a re-evaluation?
When is parental/guardian written consent required for purposes of implementing an IEP or Section 504 Plan?
How do you determine what type of classroom and what range of services a student with a disability should be provided?
What school school district decisions can be challenged and what is the process to challenge them?
At what junctures should ‘procedural safeguards’ be provided to parents/guardians?
Are school school district policies and procedures in compliance with the law and/or are they being properly implemented?
Contact me today to discuss your situation.
Services For
Families
I help families navigate the special education process so that their child’s disability-related education needs are met by the school district.
Range of services I provide
Discussion and research to help families build a clear, comprehensive understanding of their situation in relation to federal, state, and local legal frameworks.
Scenario exploration and strategic planning to define a course of action to address your child’s disability-related educational needs.
Direct execution or oversight of critical tasks and processes necessary to achieve success, with the exception of actual litigation. (Note: I am licensed to practice law in the State of Washington, but not in California.)
Engagement and coordination with involved parties — parents, caregivers, educators, school districts, regulators, your legal representative, etc.
Common concerns I address
How do I know if my student has a disability?
How do I get my child evaluated by the school?
Our doctor evaluated our child and recommended certain special education services at school, but the school has refused to provide them. Is this right?
My child has an IEP (or Section 504 Plan) but I don’t think it is being followed. What should I do?
My child who does not have an IEP or Section 504 Plan keeps getting in trouble for poor attendance. Is there something more here?
There is a bully at school that teases my child because of my child’s disability and now my child has been suspended for fighting back. Is this right?
All of my child’s teachers have worked with us to provide support for our child, but now my child has a new teacher who isn’t interested in providing those informal supports. Does this mean my child won’t be able to secure support?
My child only needs a related service (e.g. physical therapy, speech and language pathology, counseling) but does not need help with academics. Is my child eligible to receive special education and/or related aids and services?
My child has a disability and attends a private school, is the school obligated to follow the IDEA and/or Section 504?
How do I know when to be concerned about my child in school?
Contact me today to discuss your situation.
Personal
Background
All of us have a story that led us to where we are today. Part of my story is that my sister, 1 ½ years my senior, contracted polio as a toddler. The polio substantially limited her ability to walk, run, and to be free from pain. I saw how hard it was for her to simply “go to school and have fun” on her own, the way I could.
Numerous people — educators, administrators, and family members (myself included) — made extra efforts to ensure that she was able to participate in, and benefit from, her educational experience. I understood what a challenge this was, and throughout my childhood and teens, I witnessed many other children and families trying to cope with similar challenges.
Eventually, the entitlement to equal access and to a free appropriate public education became formalized in Section 504 of the Rehabilitation Act of 1973 (Section 504), The Individuals with Disabilities Education Act (IDEA), and Title II of the Americans with Disabilities Act of 1990 (Title II), amongst other federal and state laws.
Although my sister did not benefit in any meaningful way from these two federal civil rights laws, today, districts and students have a roadmap to ensure that all of our students, regardless of disability, are appropriately served.
My mother was an educator in the Los Angeles Public School District. Most of her career was spent as a librarian at schools in South Central LA, fostering literacy and a love of the arts among middle and high school students, in high poverty neighborhoods. My father was an attorney, helping individuals navigate the legal system to ensure full protection of their rights under the law.
And my grandfather, Morris Markoff, lived to be the oldest person in the United States, at 110 years old. He passed away in 2024, and left a legacy of having had his first art exhibit, featuring sculptures and photographs, at 100 years old, and having written the latest edition to his book, “Keep Breathing” at 109 years old.
The experiences I had and the values I absorbed as a child shaped my perspectives on life and society. After receiving my undergraduate degree from Brandeis University and my law degree from Santa Clara University, I felt a strong calling to pursue a legal career focusing on civil rights and special education.
Nearly forty years later, I remain just as passionate about the subject and just as committed to resolving challenges within this context. My expertise helps to provide a free appropriate public education in the K-12 realm, and equal access to and participation in programs and services for post-secondary students.
Contact me today to discuss your situation.
Professional Background
For thirty plus years, I have practiced disability and civil rights law within the employment context and in schools, universities, on tribal land, at places of public accommodation, and in the jails.
Starting in 1998, I worked as an attorney at the U.S. Department of Education, Office for Civil Rights (OCR), helping to ensure that school districts, colleges and universities, law enforcement, libraries, and places of public accommodation, create and follow applicable policies and procedures that support compliance with federal civil rights laws prohibiting discrimination and harassment.
Prior to my work at OCR, I was in the private sector working on all issues impacting the disabled community. This included employment, unions, housing, access to places of public accommodation, conservatorship, social security, and special education.
Curriculum Vitae
Attorney (licensed in Washington State)
U.S. Department of Education
May 1998 - anticipated Sept. 2025 · 27 years
As an attorney with the U.S. Dept. of Education, Office for Civil Rights (OCR), for 27 years, I was an expert in the enforcement of federal civil rights laws through mediation, investigation, negotiation, counseling, collaboration, workshops, training and public speaking.
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Developed deep expertise in Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the American with Disabilities Act of 1990 (Title II), Title VI of the Civil Rights Act of 1964 (Title VI), Title IX of the Education Amendments of 1972 (Title IX), and the Age Discrimination Act of 1975.
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Consistently managed a 50+ caseload, working amongst the parties to assist educational institutions in understanding and complying with applicable civil rights laws and helped to ensure that every student is provided equal access to programs and services of which they are legally entitled to, regardless of disability, race/color/national origin, shared ancestry, sex/gender or age.
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Mediated over 100 cases, with a 90% success rate, often being assigned to the most contentious and complex cases. I worked hard to ensure that resolutions between the parties were durable and sustainable, thus reducing the chances of costly future conflict.
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Represented the federal government through independently developed and delivered trainings, workshops, and presentations, to government agencies, tribal governments, nonprofit agencies, parent advocacy groups, universities, local and state agencies, community groups, and bar associations, to improve process at educational institutions and improve student outcomes.
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Career Highlight: Co-led a consortium of tribal education leaders, tribal members and students, local law enforcement agencies, legal service agencies, and the US Dept. of Justice, to increase OCR's understanding of education-related harm to native students, to ensure that school district policies and practices are in compliance with applicable law and that Native American students are properly served, free from discimination or harassment.
Attorney
Law Offices of Linn & Schisel
1994 - 1998 · 4 yrs
Litigated and managed a 90-case workload in all areas impacting the disabled community, such as disability-based employment, structural barriers in places of accommodation, special education, and social security. Acted as a court-appointed guardian ad-litem to the disabled and elderly population.
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Represented clients from initial complaint, through investigation, discovery, briefing, in court motions, pre-trial preparations, negotiations, mediation and/or settlements, performing in-depth interviews with individuals from diverse backgrounds.
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Briefed and argued before the state superior court and court of appeals. Briefed a winning case on third party custodial rights of a disabled child, contributing to the codification of the holding.
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Conducted approximately 20 trainings and presentations, including establishing ongoing collaborative relationships with parent advocacy groups, and public school district and private schools.
Contact E. Chestnut Consulting Today
Let’s discuss your situation and chart a course to successful outcomes.
