Ennis Britton's On the Call

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 i...

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...

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 technol...

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...

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 instructi...

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 understan...

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 viola...

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 reite...

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...

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 practic...

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 w...

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...

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 extenu...

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, A...

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 t...

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 determin...

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 Pennsylvan...

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 Dako...

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...

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...

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.