Ennis Britton's On the Call

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 grad...

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 wha...

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...

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. Th...

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 in...

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 ed...

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 al...

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 c...

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 th...

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 precautio...

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 th...

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 he...

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...

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...

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 I...

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 valuabl...

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-...

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...

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 trai...

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...

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 pro...

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 f...

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 co...

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 a...

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 C...