Ennis Britton's On the Call

On the Call: Escalating Parent Behavior

Tue, 26 May 2026 08:00:00 -0400

What happens when you have a homebound student and escalating parent behavior? Even when a parent’s conduct is the roadblock, the district’s obligation to implement the IEP does not disappear, so the move is to change what you can control. Erin and Jeremy review a relevant case from Washington State and share practical tips on when to reconvene the IEP team to consider a placement that can actually be implemented, how to use strong prior written notice, and how to set communication boundaries or campus restrictions without cutting off parent participation. This is a great time to pressure-test your protocols before the next crisis hits.

If you're looking for more on this topic, we've covered it here: On the Call: Navigating Parent Communications and On the Call: Parent Participation.

That’s a wrap on a milestone season! Thank you to all our listeners for being part of more than 70 episodes and 15,000 downloads. We hope you have a restful, recharging summer, and be sure to catch up on any of the episodes you may have missed! Erin and Jeremy will be back in August!

On the Call: SLAPP

Tue, 12 May 2026 10:00:00 -0400

On the Call: SLAPP A classroom disruption sparks a parent letter packed with phrases like “prompt action” and “least restrictive environment,” and suddenly everyone’s asking: Who do we respond to, what can we say, and how do we protect staff without spilling confidential student information? In this episode, Erin and Jeremy review key takeaways from a recent case in Massachusetts and what it signals about parent petitioning, anti-SLAPP protections, and school communications. They break down what schools can address publicly, how to keep communications in the right lane, and practical ways to support staff while protecting student privacy.

On the Call: MTSS RTI

Tue, 28 Apr 2026 09:00:00 -0400

A little yelling, a lot of feelings, and one big legal question: MTSS and RTI or IDEA, which controls? School staff know that a student's involvement in MTSS or RTI does not always mean the student has a disability. But sometimes, parents might not see the difference. This episode breaks down when schools can be on the hook for utilizing MTSS or RTI in place of an evaluation under IDEA, and offers practical tips for conversations with families and staff when engaging in the MTSS or RTI process.

Here's the past episode Jeremy and Erin reference: Season 4, Episode 11 Twice Exceptional.

Here's a link to the children's book Jeremy references in this episode!

On the Call: Bespoke Education/Methodologies

Tue, 14 Apr 2026 08:00:00 -0400

Parents want the best. The law wants appropriate. In this episode, Jeremy and Erin explore how those aren’t always the same thing and why giving in to a preferred methodology can sometimes create more problems than it solves. From music therapy to methodology myths, they break down what IDEA really requires (and what it doesn’t).

Looking for more on this topic? Check out this earlier episode: Season 3, Episode 13 Methodology.

On the Call: LRE Distractions

Tue, 24 Mar 2026 08:00:00 -0400

When “a class within a class” becomes reality, what’s a district supposed to do? In this episode, Jeremy and Erin dig into the legal and practical considerations that come with moving a student from general education to a self‑contained environment. They walk through what teams must consider, what districts can do, and how to make sure support ends up where it’s most effective. A shift in placement isn’t about giving up; it’s about matching services to student needs in a defensible, well‑documented way.

Looking for more on this topic? Check out: Season 4, Episode 8: On the Call: Safety Fears and LRE Considerations, and Season 4, Episode 1: Kindergarten IAES

On the Call: MDR Drugs

Tue, 10 Mar 2026 09:00:00 -0400

What happens when a student with an IEP is caught with weed at school, and everyone says, “We don’t need an MDR! It’s drugs!”? In this episode, Jeremy and Erin unpack a federal court decision that turned that approach upside down. They talk discipline days, interim placements, settlement agreements that come back to haunt you, and how to keep your district out of the crosshairs while still holding students accountable. Spoiler Alert: “Ignore the IEP until this blows over” is not a winning strategy.

Looking for more on MDR? Check out these episodes:

Season 1, Episode 1: On the Call: MDR Basics
Season 2, Episode 11: On the Call: MDR Unidentified Student and Request for Evaluation

On the Call: MDR Reevaluation

Tue, 24 Feb 2026 08:00:00 -0500

A sock full of rocks and a hallway surprise,
One clunky, thunky moment that opened some eyes.
Erin and Jeremy dive in deep
To a Wisconsin case where the problems ran steep.

A reevaluation? Too narrow in scope.
A BIP untouched, and there went the hope.
What started as one small safety blip
Turned quickly to FAPE starting to slip.

When manifestations found, what must teams do?
How wide should the reevaluation review?
With practical pointers, steady and sound,
They map the next steps when behavior comes around!

*Be sure to check out the earlier episodes related to this topic: Season 1, Episode 1: On the Call: MDR Basics and Season 2, Episode 11: On the Call: MDR Unidentified Student and Request for Evaluation

On the Call: Staffing Shortages and Failure to Document

Tue, 10 Feb 2026 10:00:00 -0500

A substitute walks into a classroom, and the documentation walks out the door. In this episode, Erin and Jeremy explore how staffing shortages, substitute coverage, and inconsistent service logs can lead to materials failures to implement an IEP. They dive into a case in which missing logs and missing staff led to a denial of FAPE. They share practical strategies for tracking service delivery, preparing substitutes, and communicating service gaps when your team is in flux.

Want additional information on this topic? Be sure to check out this earlier episode from Season One!

On the Call: Transportation as a Related Service

Tue, 27 Jan 2026 09:00:00 -0500

When it comes to accommodation requests, some people are willing to argue until you're both blue in the face. This is especially true when transportation is involved. In this episode, Erin and Jeremy explore a Connecticut case where a parent challenged the removal of specialized transportation from their child’s IEP. They break down the legal standards under IDEA and offer practical guidance for educators navigating tricky requests, hopefully helping you breathe a little easier.

For more on transportation, be sure to check out our earlier episode: Transportation and Discipline

On the Call: Twice Exceptional

Tue, 13 Jan 2026 09:00:00 -0500

#1. The student is gifted and talented. #2. The student has a disability. Often viewed as opposite ends of the spectrum, the two designations can often be two sides of the same coin. “Twice exceptional” students, those who are both capable of high academic achievement and have a disability qualifying them for special education, can present unique challenges for educators. In this episode, Erin and Jeremy examine a Pennsylvania case holding that a district did not violate the IDEA by developing an IEP that anticipated a twice exceptional student would perform slightly below grade level. Join them as they discuss what level of educational benefit IEPs should provide, as well as other practical tips for identifying and supporting twice exceptional students in your district.

Want more on child find as it applies to students who are generally meeting expectations? Check out Episode 14 of Season 3 here.

Here is a link to the poem Jeremy and Erin reference: We Wear the Mask | The Poetry Foundation

On the Call: Functional Behavioral Assessments and Staffing

Tue, 23 Dec 2025 08:00:00 -0500

As requests pile up, school staff can feel overwhelmed when conducting functional behavioral assessments. Are all of these requests necessary? In this episode, Erin and Jeremy discuss a case out of Pennsylvania where a district court argued that the fact that additional counseling or an FBA might have helped the student was insufficient to amount to a denial of FAPE. Tune in as they provide alternatives for districts to consider before conducting an FBA, and the importance of staying proactive when addressing behavior issues with students.

On the Call: Residential Placement

Tue, 09 Dec 2025 11:00:00 -0500

In this episode, Jeremy and Erin break down the legal standards for residential placements under IDEA and Section 504. They analyze lessons from a Washington state case in which the court drew clear lines between therapeutic care and educational need. They offer practical tips for early intervention, being knowledgeable about local options, staying curious and asking questions to gather key information, and avoiding costly disputes when mental health and educational needs collide.

On the Call: Safety Fears and LRE Considerations

Tue, 25 Nov 2025 07:00:00 -0500

In this episode, Erin and Jeremy dive into a Delaware case involving a student with disabilities who had recently returned from incarceration and was grieving the tragic loss of a sibling. The student challenged the district’s proposed placement, raising questions about how schools evaluate LRE under the IDEA. They break down the legal standards, examine the district’s decision-making process, and provide practical guidance for educators facing complex placement determinations.

On the Call: Changing Needs Based on the School Setting

Tue, 11 Nov 2025 09:00:00 -0500

A student with autism, a power tool, and a curtain - what could go wrong? When a vocational placement goes wrong, the consequences can be severe. In this episode, Jeremy and Erin explore how failing to update an IEP for a vocational setting led to serious injury and a federal lawsuit. Tune in for expert tips on how schools can stay compliant and keep students safe.

Want more on IDEA, 504, and vocational education? Check out Episode 5 of Season 3 here.

On the Call: Accommodations in Student Activities

Tue, 28 Oct 2025 08:00:00 -0400

Trying to avoid the drama over extracurricular accommodation requests? In this episode, Erin and Jeremy discuss a case from Wisconsin where a district properly denied a parent’s request for a paraprofessional aide to accompany their daughter during the school’s musical rehearsals. They provide practical tips for handling accommodation requests for nonacademic and extracurricular activities to ensure your district is hitting all the right notes.

Here is the link to the January 25, 2013, OCR Dear Colleague letter that Jeremy references.

On the Call: Excessive Absenteeism

Tue, 14 Oct 2025 09:00:00 -0400

Adams, Adamson, Adler, Anderson, Bueller…Bueller…Bueller? While Principal Rooney may not be the best example of how to handle a student’s absence, excessive absenteeism should start to raise some red flags at the district. In this episode, Jeremy and Erin discuss a case from Michigan where the OCR determined that the school’s failure to reevaluate a student with disabilities may have resulted in a denial of FAPE. Join them as they provide practical tips on when to evaluate or reevaluate chronically absent students and how to determine if those absences are related to the student’s disability.

On the Call: FERPA and Social Media

Tue, 23 Sep 2025 10:00:00 -0400

School incidents don’t just stay in the classroom anymore! They’re landing on your For You Page. But are those viral videos FERPA compliant? In this episode, Erin and Jeremy break down a Colorado case where a parent’s TikTok went viral and an anonymous commenter claiming to be a school employee jumped in to “set the record straight.” The attorneys explore how social media can collide with schools’ confidentiality obligations, the implications of parents sharing information about their children on social media, and offer practical tips for educators before hitting “send.”

Here is the link to the earlier FERPA episode Jeremy references.

*Want to learn more about Burns Night that Jeremy references? You can check it out here!

On the Call: IEP Software

Tue, 09 Sep 2025 08:00:00 -0400

In this episode, Jeremy and Erin tackle the growing tension between efficiency and individualization in special education documentation. As new technology allows for more dropdown menus, AI tools, and preset program options, the challenge is ensuring that IEPs and 504 plans remain truly tailored to each student. They review the legal framework under IDEA, Section 504, and a case out of New York that emphasizes the requirement for individualized plans. They share practical tips covering privacy safeguards and record retention, staff training, and careful integration of emerging technology.

On the Call: Placement versus Location

Tue, 26 Aug 2025 10:00:00 -0400

In real estate, it’s all about “location, location, location.” In special education… not so much. In this episode, Jeremy and Erin examine a Florida case in which a parent challenged the location of services rather than the program itself, thereby undercutting her predetermination claim and the argument that the district’s placement was not appropriate. Tune in as they clear up common misconceptions about educational placement under the IDEA and share practical strategies for navigating disagreements in the IEP process.

Find the earlier episodes Jeremy references here:

On the Call: Predetermination

On the Call: Parent Participation

On the Call: Kindergarten IAES

Tue, 12 Aug 2025 12:00:00 -0400

Welcome back for Season 4!

Chairs flying. Tables climbed. Punches thrown. Explicit language. What sounds like a WWE showdown was, in fact, the day-to-day reality for one California kindergarten teacher.

In this episode, Jeremy and Erin break down a case involving a student whose escalating physical behavior and threats led the district to seek removal from his current placement. Tune in as they walk through the requirements for removing a student to an Interim Alternative Educational Setting (IAES), what’s required for expedited hearings, and how IEP teams and district staff can prepare for the process.

Be sure to check out the MDR episodes that Jeremy and Erin reference here:

MDR Basics

MDR Complete. Now What?

MDR Exceptions

MDR Change in Placement

On the Call: Service Animals

Tue, 27 May 2025 07:00:00 -0400

Who Let the Dogs In? Service dogs may not be there to eat your students’ homework, but their presence in the classroom can raise important legal questions for schools. In this episode, Erin and Jeremy dig into how service animals support students with disabilities and what the law requires of districts under both the IDEA and the ADA. They explore a case out of Minnesota where the court found a district wasn’t obligated to provide a handler for a student’s service dog because the support wasn’t necessary to provide FAPE. Tune in for practical tips on how service animals fit into IEP planning, and what schools can and can’t require when accommodating a student’s use of a service animal.

On the Call: Transportation and Discipline

Tue, 13 May 2025 08:00:00 -0400

When a student with a disability is suspended from bus service, does the district have to provide an alternative way to get them to school? In this episode, Erin and Jeremy examine what IDEA and 504 really require when it comes to student transportation and what happens when behavior gets in the way. They evaluate a case out of Maine where a district’s decision to move a student to specialized transportation was challenged as overly restrictive. They also review practical tips for administrators to help determine whether the IDEA’s discipline rules apply, when to treat a transportation suspension as a change of placement, and how to ensure LRE considerations are factored into transportation decisions.

Want to learn more about this topic? Be sure to check out this Season One episode!

On the Call: Prior Written Notice

Tue, 22 Apr 2025 12:00:00 -0400

Prior Written Notices are designed to ensure parents are fully informed and able to participate meaningfully in decisions about their child’s education. In this episode, Erin and Jeremy examine a case from New Mexico in which a district’s inconsistent and insufficient notices resulted in a finding of noncompliance and a denial of FAPE. They discuss the legal requirements surrounding PWNs, the consequences of failing to meet those standards, and offer practical guidance for drafting notices that are both timely and substantively adequate.

On the Call: 504 Complaint Process

Tue, 08 Apr 2025 08:00:00 -0400

In this episode, Erin and Jeremy explore how Section 504’s protections and its many paths for complaints intersect with team dynamics, professional boundaries, and the risk of retaliation. They review a recent case out of Florida where a school employee’s advocacy for a disabled student led to a demotion and a lawsuit that survived a motion to dismiss. With changes to OCR and tensions rising, they provide practical tips on how administrators can create space for staff concerns without letting personal politics derail the process. As Taylor Swift and Florence Welch put it in Florida, “What a crash, what a rush,” but the team has to figure out how to avoid driving off the road.

Looking for more information on 504? Be sure to check out these past episodes:

On the Call: OCR Complaints & Records Requests

On the Call: When the 504 Plan Falls Short

On the Call: Repetitive IEP Goals

Tue, 25 Mar 2025 09:00:00 -0400

They say practice makes perfect! But is that true when it comes to repeating IEP goals? In this episode, Erin and Jeremy discuss a case out of Washington, D.C., where parents sued their local school district over an IEP that included several goals repeated from the prior year. Was this a denial of FAPE, or a reflection of the student’s continuing needs? Tune in as they break down what IDEA requires for IEP goals, and when it might be appropriate for a district to repeat them.

On the Call: Balancing Accommodations and SDI

Tue, 11 Mar 2025 09:00:00 -0400

When does a child who graduates with a regular diploma and a 3.4 g.p.a. not receive FAPE? When assistive technology and other accommodations serve as a workaround for fundamental skills that the child is capable of acquiring. In this episode, Jeremy and Erin examine a Tennessee case where a school district was ordered to provide over 800 hours of compensatory education to a recent high school graduate with dyslexia. The student used AT to complete writing assignments and never learned to read and write. Tune in as they break down when accommodations are supporting learning versus when they simply mask a need that could be appropriately met with specially designed instruction.

For more on Assistive Technology, be sure to check out this past episode.

On the Call: Child Find

Tue, 25 Feb 2025 09:00:00 -0500

Every parent wants the best for their child, but the IDEA doesn't guarantee a specific outcome in education. In this episode, Jeremy and Erin unpack a Maryland case where a student with dyslexia and ADHD was ruled ineligible for special education under IDEA based on his academic performance. The court maintained that his performance was still “average” for his grade level. They break down what legally qualifies as a disability under IDEA, and offer strategies for resolving conflicts between parental concerns and IEP team decisions.

On the Call: Extended School Year

Tue, 11 Feb 2025 08:00:00 -0500

When it comes to a school district’s responsibility to provide FAPE, summer vacation doesn’t hit pause. In this episode, Jeremy and Erin examine a case from Oregon, where a district’s denial of Extended School Year (ESY) services led to a FAPE violation due to the IEP team’s failure to follow district and state policies. They break down the key ESY requirements, how eligibility determinations vary across states, and practical strategies to help districts navigate ESY decisions effectively—ensuring compliance and avoiding costly missteps.

On the Call: Serious Bodily Injury

Tue, 28 Jan 2025 08:00:00 -0500

Telling someone to “break a leg” might be a way to wish them good luck, but for one Massachusetts school district, a fractured leg was no laughing matter. In this episode, Jeremy and Erin discuss a case where a hearing officer ruled that a staff member’s fractured leg—caused during a student fight—didn’t qualify as “serious bodily injury” under IDEA because it wasn’t “inflicted” by the student. They provide practical strategies for navigating student removals, MDRs, and the burdens of proof, offering essential tips to help districts steer clear of litigation pitfalls.

*Find the earlier episodes and resources Jeremy and Erin reference here:

MDR Unidentified Student and Request for Evaluation
MDR Exceptions

On the Call: Anxiety

Tue, 14 Jan 2025 09:00:00 -0500

AI and robots may represent the future, but telepresence robots are not one-size-fits-all. In this episode, Jeremy and Erin unpack a compelling case where a school district’s decision to deny a student’s request to use a telepresence robot was found not to constitute disability discrimination under the law. They cover the nuances of anxiety as a recognized disability, offering valuable insights into how schools can effectively support students struggling with anxiety. They also share practical strategies for navigating challenging conversations with parents when accommodation requests push the boundaries of reasonableness.

On the Call: Disciplinary Removals and FAPE

Tue, 17 Dec 2024 15:00:00 -0500

Short-term removals can be a practical tool for districts, as they typically don’t trigger IDEA safeguards or require the provision of FAPE. However, when the removal involves a student with a disability, districts must closely monitor the length to ensure compliance with the law. In this episode, Jeremy and Erin discuss a recent case from Montana where a district’s failure to provide continued educational services during a disciplinary removal led to a denial of FAPE. They share best practices for managing disciplinary removals of students with disabilities, including practical tips for tracking removal days, identifying changes in placement, and staying ahead of critical deadlines and processes under IDEA and Section 504.

*Find the earlier episode and resources Jeremy and Erin reference here:

MDR Basics
November 19, 2024 Federal Guidance on FBAs and BIPs
Ohio Department of Ed MDR Worksheet

On the Call: Revocation of Consent

Tue, 10 Dec 2024 09:00:00 -0500

In this episode, Jeremy and Erin cover the complexities of revocation of consent under the Individuals with Disabilities Education Act (IDEA). They discuss what happens when parents choose to revoke consent for special education services, using a recent Missouri case as an example to explore the legal and practical implications. The episode includes strategies for helping parents understand the all-or-nothing nature of revocation while addressing their concerns in a way that prioritizes the child's needs.

*Listen to the “Definition of Parent” episode Jeremy and Erin reference in this episode here.

On the Call: Autism Eligibility

Tue, 26 Nov 2024 08:00:00 -0500

A medical diagnosis can be one piece of the puzzle in special education. In this episode, Jeremy and Erin dive into autism eligibility under the IDEA, examining a case from North Carolina where a school district defended its decision to deny special education services to a recently diagnosed student. They look at the critical steps of conducting thorough initial evaluations and the importance of collaborating with parents to clarify the distinction between a medical diagnosis and educational eligibility. They share strategies to ensure a complete, accurate understanding of a student’s unique educational needs.

*Listen to the "choose your f-word" IEE episode referenced in this episode here.

On the Call: SRO/Law Enforcement Interactions

Tue, 12 Nov 2024 07:00:00 -0500

While no school wants to find itself in this situation, incidents happen, and how a district responds can dramatically influence the potential liability from future litigation. In this episode, Jeremy and Erin delve into a pivotal Texas case addressing school district liability in the context of student interactions with law enforcement. They explore the legal nuances of this decision, examine the risks for future litigation, and offer strategic insights and best practices to help districts proactively minimize liability in similar situations.

*Listen to the “earbuds” episode Jeremy and Erin reference in this episode here.

On the Call: Social Maladjustment

Tue, 22 Oct 2024 08:00:00 -0400

In this episode, Jeremy and Erin explore the definition of "Emotional Disturbance" under IDEA and how it differs from social maladjustment, offering insights into key case law and legal interpretations that influence these assessments. They analyze a North Dakota case involving a first grader whose behavioral challenges, exacerbated by limited socialization due to COVID-related precautions, prompted a request for an IDEA evaluation. Jeremy and Erin also provide essential guidance for educators on navigating special education evaluations, emphasizing the importance of adhering to IDEA definitions and maintaining clear, direct communication throughout the process.

On The Call: Career Tech

Tue, 08 Oct 2024 09:00:00 -0400

This episode highlights the important role that Career Technical Centers play in providing opportunities for all students, including those with disabilities under the protections of the IDEA and Section 504. Jeremy and Erin discuss a notable New Jersey case that underscores the need to ensure students receive appropriate accommodations, allowing them to fully access CTC programs. They emphasize the critical role of collaboration between special education teams and career and technical education instructors as students prepare for postsecondary opportunities.

On the Call: Mental Health

Tue, 24 Sep 2024 09:00:00 -0400

Mental health can be a difficult subject. In this episode Jeremy and Erin delve into the unique challenges that arise when addressing mental health concerns for students with disabilities. Including a recent case from Pennsylvania where a district was forced to defend its decisions to revise a student’s IEP after a parent alleged the school’s response inadequately addressed their child’s mental health concerns and pulled them out of school. The two then discuss what is “appropriate” under the IDEA when addressing a student’s mental health concerns and different strategies that can help a district cover its bases throughout the evaluation and reevaluation process.

On the Call: Administrative Law and Special Education

Tue, 10 Sep 2024 10:00:00 -0400

Given the scale of federal regulations and their importance to several laws related to special education, the U.S. Supreme Court’s decision in Loper Bright may leave you feeling caught in the undertow of uncertainty. Have established "rights" found in regulations - such as service animals under the ADA, public funding for IEEs under IDEA, FAPE under 504 - been tossed out by the Court? In this episode Jeremy and Erin discuss how the standard for administrative law has changed from Chevron to today and break down a case from Alabama that demonstrates how judges may approach challenges to the IDEA in a post-Chevron world. By explaining the role and impact of federal regulations going forward and how districts can continue to ensure compliance, Jeremy and Erin will help you chart a course to calmer shores.

On the Call: Special Education and Title IX

Tue, 27 Aug 2024 16:00:00 -0400

Title IX is complex, and recent proposed regulations and the ongoing lawsuits have only added to the confusion. Schools are now faced with the challenge of deciphering a maze of court rulings to understand their obligations under both state and federal law. And if that wasn’t complicated enough, special education considerations further complicate compliance.

In this episode, Jeremy and Erin delve into a notable case from Oklahoma that highlights critical missteps to avoid when addressing allegations of sexual harassment, regardless of which version of the Title IX regulations your district follows. They also explore the proposed changes to Title IX that will directly impact students with disabilities and share practical advice for IEP teams to avoid potential liability under both Title IX and the IDEA.

UPDATE: On August 16, 2024, subsequent to the recording of this episode, the United States Supreme Court ruled 5 to 4 to allow injunctions in effect in 26 states to remain. The U.S. Department of Education had asked the Court to lift the injunctions on the grounds that they were overly broad.

Incarcerated Students

Tue, 13 Aug 2024 09:00:00 -0400

Welcome back to Season Three! When a student is locked up, districts hold the key to ensuring they receive special education. In this episode, Jeremy and Erin discuss how to move forward with a student’s IEP plan in the context of incarceration. The discussion includes a state complaint from Ohio where a district was found to have denied an incarcerated student FAPE after they did not revise his IEP and then failed to implement the plan as written. While the district took steps to support the student, they did not adequately document those actions. They provide valuable pointers on how to coordinate with different detention facilities in order to provide services to students, and discuss the importance of leaning into the individualized nature of IEPs in order to respond to the student’s changed circumstances.

On the Call: Navigating Parent Communications

Tue, 28 May 2024 09:00:00 -0400

Duckity, Duck, Duck, %$#*! Communicating with parents can often feel like navigating a stormy sea with only a surfboard and no clear rules or guidelines. In this episode, Jeremy and Erin discuss setting boundaries without violating a parent’s rights. The discussion includes a case from California where the district had to take action due to a parent’s “colorful” communication. They provide valuable pointers on how to proceed progressively and cautiously when handling challenging communications which will have you surfing the waves smoothly.

On the Call: Summer Meetings

Tue, 14 May 2024 10:00:00 -0400

Schools Out for Summer! But that doesn’t mean you can disregard requests for evaluations that come in before the final school bell rings! As the school year winds down, Jeremy and Erin discuss the requirements under federal law and the urgency of initiating evaluations over the summer months. They dissect a recent Oregon state complaint highlighting the consequences of delayed evaluations and non-compliance during the summer. They offer tips to keep your team on track while still enjoying a well-deserved break.

On the Call: Predetermination

Tue, 23 Apr 2024 08:00:00 -0400

Sidestepping parental input before the IEP meeting can have you falling into a big rain puddle of trouble. Jeremy and Erin discuss the legalities and implications of predetermination, including a recent case from Maryland where the district’s case was bolstered by the documented and constant discussion that items on the IEP were only a draft and could be changed at the meeting. They share several practical tips to help foster collaboration and ensure meaningful parental participation, which in turn, will have your team blooming like May flowers.

On the Call: Child Find - Escalating Behavior

Tue, 09 Apr 2024 09:00:00 -0400

Erin and Jeremy step up to the plate to provide a breakdown of a district's obligations for Child Find under IDEA and Section 504 when escalating behavior occurs. They analyze a recent case from Tennessee where a district prevailed, but the court cautioned against the dangers of ignoring clear signs of a disability under IDEA. The discussion highlights the importance of documentation and training, as well as setting up systems to monitor potential triggers to improve your Child Find RBI.

On the Call: When the 504 Plan Falls Short

Tue, 26 Mar 2024 08:00:00 -0400

Navigating the complexities between a 504 that is not working and Child Find under IDEA can feel like walking a very thin tightrope. Erin and Jeremy discuss the legal framework surrounding The Rehabilitation Act, how to differentiate the disabilities covered by 504 versus IDEA, and a District’s obligations when the 504 plan falls short. The discussion includes a recent case in Ohio that serves as a cautionary tale and highlights the importance of regularly reviewing the data to ensure the 504 plan is being implemented correctly. As always, they provide some thoughtful tips to help you stay balanced during the process so you can get to solid ground.

On the Call: Graduation Deferment

Tue, 12 Mar 2024 10:00:00 -0400

Graduating from high school is a significant milestone for any student, but for special education students, exiting from services can sometimes trigger last-minute deferment requests from parents. Jeremy and Erin discuss what is - and isn't - required of schools under IDEA, what constitutes a diploma in some circumstances, and considerations the IEP team should keep in mind as the student progresses toward graduation. They share a recent case from New Jersey that defined a diploma under state law and reinforced the district’s actions in recognizing the diploma. They provide ideas to help lay the groundwork early for the transition which will have you tossing your cap high at the end of the year!

On the Call: Methodology

Tue, 27 Feb 2024 08:00:00 -0500

Just when you think you have earned the scout badge in IEP writing, a parent asks for the methodology which can feel like pouring water on the perfect campfire you just built! In this episode, Erin and Jeremy discuss how methodology can be selected and the requirements for including it in the IEP under IDEA. The discussion includes a case from Maine where a District learned a hard lesson when it failed to include methodology in the IEP and adjust it based on lack of progress. They highlight the importance of reviewing data and actively listening when requests come in so you and the team successfully take home all the badges.

On the Call: Outside Placements and Stay Put

Mon, 12 Feb 2024 17:00:00 -0500

Determining a District's obligations under IDEA when a student is removed from their outplacement facility can have you feeling like you're balancing on a tightrope between the space-time continuum. Erin and Jeremy discuss the blackletter law related to LRE and Stay Put when this type of situation arises. They share the details of a recent COVID-era case from Washington D.C. where the court determined Stay Put didn't apply since the District did not make the change and the staff acted in good faith to attempt to locate a new facility. The discussion includes suggestions for building strong communications with outside placements and how to balance safety concerns and the risks of non-compliance so you will be able to fly smoothly across the continuum

On the Call: Definition of Parent

Mon, 22 Jan 2024 14:00:00 -0500

Erin and Jeremy tackle the complex topic of parent definitions in this episode and how to stay on track with evaluation deadlines when there is confusion around who is the parent and conflict between those who might think they are the parent. They highlight an example from the 3rd Circuit Court of Appeals in Pennsylvania that answered this question based on whom the child was residing with. They also cover some important tips to keep in mind when dealing with complicated family situations, so you and your team aren't feeling like a surprise guest in a daytime talk show drama.

On the Call: MDR Unidentified Student and Request for Evaluation

Mon, 08 Jan 2024 18:00:00 -0500

Just when you think your student discipline process is a slam dunk, someone throws a buzzer-beater at the very last second! Jeremy and Erin discuss the laws surrounding student discipline when a child has not yet been found eligible for an MDR or the district had no prior knowledge that the child has a disability but the parents argue otherwise. The discussion includes a 2023 case from the Sixth Circuit in Ohio that found the district acted reasonably in conducting special education services after the expulsion. They discuss practical tips, including ensuring your hearing officer is educated and informed on the special education process and thoroughly documenting the request, discussion and decision, that will help you and your team take home the "Good Sportsmanship Award".

On The Call: Shortened Day

Tue, 26 Dec 2023 08:00:00 -0500

It's a great day when parents and the District are in agreement! Jeremy and Erin follow-up on a conference call where the team wants to be sure the use of a shortened day is compliant with all the special education laws and regulations including FAPE, LRE, and 504. They discuss the importance of making sure everyone at the table has a shared understanding of the child's disability that is driving the need for a shortened day. The discussion also includes a formal complaint investigation from Indiana where the District's decision to shorten the school day based on the student's behavior was determined to be appropriate.

On the Call: Threat Assessments

Tue, 12 Dec 2023 10:00:00 -0500

Erin and Jeremy make a stop at the intersection of threat assessments and special education considerations. They discuss the importance of the Special Education team and the Threat Assessment team coming together to consider the role a student's disability may play in a potential threat. Otherwise, districts may violate special education laws and face costly discrimination claims. They share a case from Virginia that highlights what can happen when a District's threat assessment speeds past the IEP and Special Education team, and the importance of training, training, training!

On the Call: Virtual Meetings

Mon, 27 Nov 2023 17:00:00 -0500

In this episode, Jeremy and Erin tackle the virtual meeting roadblocks that can cause your team to detour when trying to navigate good parent participation and adherence to the guidelines. They share the details of a recent case from Indiana where a parent used the virtual meeting platform to hinder specific district staff from participating. They share several suggestions to help keep the technology user-friendly and maintain a productive meeting for all involved so everyone "CAN HEAR YOU NOW!"

On the Call: Gender Dysphoria

Fri, 10 Nov 2023 22:00:00 -0500

A special early release! A student's gender dysphoria diagnosis will have you laying down double letters and triple words on the Scrabble board of special education considerations. Erin and Jeremy delve into the DSM 5 diagnosis and how to decipher the requirements under Section 504, IDEA and Title IX. The discussion includes a case from Pennsylvania highlighting how the diagnosis can be a hot button issue for some involved and how the district stayed in its lane and attempted to balance all the laws involved to meet the student's needs. Want to continue this conversation? Join Erin at the OSBA Capital Conference on Monday, November 13 in Columbus where she and Giselle Spencer will present Gender Issues: What Every School District Needs to Know or catch their podcast, EB's Short Series: Transgender K-12, here or wherever you listen.

Placement Conundrums

Tue, 24 Oct 2023 09:00:00 -0400

Jeremey and Erin collect and share the pitfalls and conundrums you may encounter when attempting to change a student's placement when the placement options are limited or non-existent. The discussion includes a case out of New Jersey which set a high bar for the district and its pursuit of an out-of-district placement. They include pointers related to the provision of temporary home instruction and what should be documented, all which will have you saying "Bada Bing, Bada Boom" when the next placement issue arises!

On the Call: Transportation

Mon, 09 Oct 2023 18:00:00 -0400

Does it sometimes feel like the wheels on the bus are coming off as you approach the intersection of a student's IEP, transportation and IDEA? Erin and Jeremy diagnose what is required under IDEA when it comes to transportation, including bus suspensions and extracurricular and non-academic services. The discussion references a case from California that drives home the importance of understanding your obligations under your state's requirements so you don't have to hit the brakes when an issue arises. They give you some practical tips to jump start your processes and procedures so it's green lights all the way.

Want to learn more about school transportation? Join EB Consulting Group for their 2023 -2024 Chats from the Bus Stop webinar series. Email them to receive the latest updates and program schedule.

On the Call: Informal Removals

Tue, 26 Sep 2023 08:00:00 -0400

Sometimes the guidance concerning informal removals can feel like a game of BINGO at Erin's in-law's house! In this episode, Jeremy and Erin help you survey the game board, the OSEP guidelines, and make sure you understand what constitutes an informal removal and its potential repercussions. The discussion includes a case from Michigan where missed opportunities resulted in a FAPE violation. They also cover some practical tips which will have you shouting BINGO!

General Education Accommodations

Tue, 12 Sep 2023 09:00:00 -0400

Erin and Jeremy discuss the rules of the game when it comes to general education and implementation of accommodations so that no one ends up offsides. They kick around a recent case from Pennsylvania which resulted in a yellow card for a district that did not properly promulgate policies and procedures to the general education staff related to students in special education classes. They also reiterate some important training points so you are sure to get the ball down the field and into the goal as a team!

On the Call: IEEs

Tue, 22 Aug 2023 10:00:00 -0400

Does it feel like IEEs roll in as fast as Jeremy's 1977 Ford Granada? In this episode, Jeremy and Erin cover your options - fund or file - under the black letter law when parents' request an IEE. They share a recent matter from Arizona which determined when a district must evaluate for a suspected disability and parents rights with regard to the IEE. The discussion includes ways to plan for an onslaught of requests so that your special education engine runs smoothly.

On the Call: FERPA

Mon, 07 Aug 2023 16:00:00 -0400

School's back in session and so is On the Call! Welcome to the second season of On the Call. In this episode, Erin and Jeremy cover the "F" word and what happens when a mistake is made under FERPA. They share an example of a recent mistake made by a school district in Michigan, how it was quickly addressed, and the SPPO's response to their efforts. They share some best practices for determining "who needs to know what" so that you can feel like Superman when dealing with sensitive information.

Please email podcast@ennisbritton.com with your questions and any topic ideas you would like to share for the upcoming season. Be one of the first ten to send us an idea, coffee will be on us! We'll send you a coffee gift card to enjoy while listening to the podcast.

On the Call: Field Trips

Tue, 13 Jun 2023 10:00:00 -0400

Make sure your permission slip is signed and your seat belt is fastened as Jeremy and Erin take us on the field trip roller coaster ride in this season's final episode. They share insights about the laws covering field trips under 504 and IDEA and complications you should consider when planning your end-of-year outings. Included in the discussion is a recent case from Long Beach, California which highlights safety considerations and when denying participation might be appropriate. They also provide practical tips and encourage you and your team to think critically about how a disability might impact the trip.

Thank you for joining us for the first season! Be sure to subscribe on your favorite podcast platform so you will be notified when the second season is back. Please email podcast@ennisbritton.com with your questions and any topic ideas you would like to share. We look forward to continuing the conversation in the fall!

On the Call: Extracurricular Activities

Tue, 23 May 2023 09:00:00 -0400

Go Team! Whether it's cheerleading, football, e-sports or D&D, ensuring your coaches and club advisors have the proper game plan for extracurricular activity participation can keep you out of the penalty box. Erin and Jeremy cover some of the significant guidance provided under 504 related to extracurriculars and share a recent OCR matter from Georgia which highlights all the right things to do so you won't have to yell D-E-F-E-N-S-E!

On the Call: Staffing Shortages

Tue, 09 May 2023 10:00:00 -0400

What's your favorite carnival game? "Whack-A-Mole" or the "Ring Toss", perhaps? Every day can feel like a never ending carnival game when trying to balance the needs of special education students during unprecedented staffing shortages exacerbated by the pandemic. Erin and Jeremy kindly remind us that an IEP is a contract and contract terms must be met regardless of extenuating circumstances. They cover a 2021 case from Kansas which highlights the importance of being transparent when navigating staffing shortages - and what can happen if you don't! They provide practical tips such as prioritizing IEPs and engaging in open communication, which might just help you win a prize!

On the Call: MDR Change in Placement

Tue, 25 Apr 2023 09:00:00 -0400

Educators and administrators are some of the kindest people around and, in an effort to make it easy for parents, will sometimes try to avoid the MDR process when student discipline becomes an issue. But side-stepping the MDR process and inadvertently making a placement change without parent involvement can be deemed a "switcheroo" and can get you in trouble, as was the case in Ozark, Alabama in a recent matter before the State's Educational Agency. Erin and Jeremy provide some practical tips to assist you and the parents during the MDR and to keep the process "learning focused", which would make even Marty and Wendy happy.

On the Call: Parent Participation

Tue, 11 Apr 2023 09:00:00 -0400

Determining the right amount of parent participation can feel like rowing a boat in a thunderstorm. Jeremy and Erin try to help you steer the boat by identifying what is required and needed versus what is not, and how to find the right balance of engagement and communication throughout the process. They share the details of a decision from the United States Court of Appeals for the Sixth Circuit that highlights the importance of ensuring the required procedural safeguards are in place at the frontend of the process so the relationship doesn't go down like the Titanic.

Looking for more information on this topic? Jeremy will be revisiting it during his "Building Parent Partnerships for Meaningful Participation" presentation at the LRP National Institute in New Orleans the week of April 17. He will also lead a session on "Coaching the Coaches and Advising the Advisors" regarding Section 504 compliance in extracurricular activities. Pam Leist is providing a half-day session on "All Things Autism" at the Post-Institute Symposium. This is the third year running with at least one member of the Ennis Britton Special Education Team speaking at this national conference.

On the Call: MDR Exceptions

Mon, 27 Mar 2023 09:00:00 -0400

Was it Mrs. Peacock in the library with the candlestick? Sometimes dealing with the exceptions under a MDR can feel like playing a game of Clue. Jeremy and Erin help solve some of the mysteries when dealing with the three primary types of exceptions . They also highlight a recent case in Texas that addresses the importance of proper documentation and training so you are able to accurately determine when one of the exceptions applies that allows for removal even when the behavior is a manifestation of the child's disability.

On the Call: Parent Advocates

Tue, 14 Mar 2023 09:00:00 -0400

The addition of a parent advocate can quickly change the dynamic of IEP planning meetings from sweet to sour. Jeremy and Erin discuss the law surrounding IEP team membership specifically defined under IDEA and how you do or don't define "expertise and specialized knowledge" of the child when an advocate is brought into the committee group. They share a recent case out of Pennsylvania which highlights the rights of school administrators in certain situations related to parent advocates. Practical tips - and tools - are included in the discussion which can help make the process more of a treat, less of a trick.

On the Call: MDR Complete. Now What?

Tue, 28 Feb 2023 10:00:00 -0500

Keep Calm and Just Keep Serving. Understanding the obligation to provide services after an MDR team decision is not always clear to all school employees. Erin and Jeremy discuss the "Black Letter Law" related to MDRs and what happens when MDR teams venture into the realm of behavior not being a manifestation of a student's disability. teams. They share a recent case from South Dakota which highlights the importance of the IEP team's involvement in determining what services will be provided in order to meet the IEP goals and the general education curriculum.

On the Call: OCR Complaints & Records Requests

Tue, 14 Feb 2023 09:00:00 -0500

Receiving an OCR records request can be as scary as watching the latest horror movie and may make you want to "Scream". Jeremy and Erin help take the panic out of the request with some practical tips to get through the response process. They discuss two cases that highlight the importance of substantive 504 plans and documentation, and working with your legal counsel to narrow the focus of the requests.

On the Call: Assistive Technology

Tue, 24 Jan 2023 10:00:00 -0500

Runs, Hits, and Errors with Assistive Technology: Jeremy and Erin discuss if - and how - you provide assistive technology as part of the IEP. They cover the "what ifs': What if the technology doesn't work? What if it isn't used properly while at home? And while there is no crying in baseball, a recent case from Racine, WI highlights some of the issues that might get you called OUT!

On the Call: MDR Basics

Thu, 19 Jan 2023 13:00:00 -0500

This episode covers the basics of a Manifestation Determination Review or “MDR”. They review a recent case in Connecticut that has implications for MDR meetings and highlights what you should consider related to the behavior which resulted in the MDR and the importance of digging into the details as you prepare for the meeting.