Ennis Britton's On the Call

An IEP is only as strong as its implementation, and placement means more than the building a student attends. When vaping devices, food deliveries, and an unofficial classroom hangout enter the picture, the facts get stranger than fiction. In this episode, Jeremy and Erin discuss a New Mexico state complaint where a teacher repeatedly pulled a student from general education classes for non-educati...

When a new concern arises, does the IEP team need to reconvene right away, or can thoughtful implementation and monitoring be enough? In this episode, Jeremy and Erin take the call and examine when new information, changing needs, or disappointing progress should prompt an early IEP review. They also discuss a recent Colorado state complaint about whether a district had to revisit a kindergartner’...

Mom said, "Not yet." Dad said, "Let's do it." The district was stuck in the middle. In this episode, Erin and Jeremy tackle one of special education's most uncomfortable questions: what happens when divorced parents with equal rights completely disagree about services? They review a recent case from Delaware and explore parent participation, consent, custody orders, a...

When parents demand a detailed list of assessments before signing consent, what’s a district to do? Using a recent Connecticut case as a cautionary tale, Jeremy and Erin unpack what IDEA actually requires, why over-specifying can backfire, and how districts can preserve flexibility without sidelining parent participation. They also share practical tips for documenting conversations and keeping the...

A student escalates, the hallway gets loud, and suddenly everyone is asking: “Did we follow the IEP… like, enough ?” In this episode, Erin and Jeremy break down a recent case from Massachusetts and how real-time de-escalation, “trusted adult” language, and short removals collide, and how strong documentation can keep your team out of hot water. Spoiler: implementing the plan doesn’t mean the plan...

When does “waking up” a student become a wake-up call for the district? In this episode, Jeremy and Erin unpack a recent federal case out of Pennsylvania involving a student whose medication caused drowsiness and staff responses that allegedly crossed the line into disability discrimination. The discussion includes how Section 504 and the ADA apply when student behavior may be disability-related,...

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 actuall...

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 signa...

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 o...

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:...

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 placemen...

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...

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 re...

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, pre...

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...

#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...

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 altern...

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 inform...

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...

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 voca...

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 ensu...

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...

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’...

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 th...

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 misconceptio...