Shows
Ennis Britton's On the CallOn the Call: Service AnimalsWho 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 serv...2025-05-2724 min
Ennis Britton's On the CallOn the Call: Transportation and DisciplineWhen 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...2025-05-1326 min
Ennis Britton's On the CallOn the Call: Prior Written NoticePrior 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.Thanks to all our listeners for another great season! With over 7,500 down...2025-04-2227 min
Ennis Britton's On the CallOn the Call: 504 Complaint ProcessIn 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...2025-04-0831 min
Ennis Britton's On the CallOn the Call: Repetitive IEP GoalsThey 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.Thanks to all our listeners for another great se...2025-03-2523 min
Ennis Britton's On the CallOn the Call: Balancing Accommodations and SDIWhen 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...2025-03-1127 min
Ennis Britton's On the CallOn the Call: Child FindEvery 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.Thanks to all our listeners for another great season! With over...2025-02-2522 min
Ennis Britton's On the CallOn the Call: Extended School YearWhen 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.Thanks to all our listeners for another great season! With ov...2025-02-1124 min
Ennis Britton's On the CallOn the Call: Serious Bodily InjuryTelling 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...2025-01-2830 min
Ennis Britton's On the CallOn the Call: AnxietyAI 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.Thanks to all our list...2025-01-1426 min
Ennis Britton's On the CallOn the Call: Disciplinary Removals and FAPEShort-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 plac...2024-12-1725 min
Ennis Britton's On the CallOn the Call: Revocation of ConsentIn 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. 2024-12-1030 min
Ennis Britton's On the CallOn the Call: Autism EligibilityA 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 "ch...2024-11-2626 min
Ennis Britton's On the CallOn the Call: SRO/Law Enforcement InteractionsWhile 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. ...2024-11-1224 min
Ennis Britton's On the CallOn the Call: Social MaladjustmentIn 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.Thanks to all our...2024-10-2228 min
Ennis Britton's On the CallOn The Call: Career TechThis 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.Thanks to all our listeners for another great season! With over 7,500 downloads and no cease-and-desist letters over...2024-10-0824 min
Ennis Britton's On the CallOn the Call: Mental HealthMental 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 th...2024-09-2427 min
Ennis Britton's On the CallOn the Call: Administrative Law and Special EducationGiven 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 th...2024-09-1027 min
Ennis Britton's On the CallOn the Call: Special Education and Title IXTitle 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 ch...2024-08-2727 min
Ennis Britton's On the CallIncarcerated StudentsWelcome 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 va...2024-08-1326 min
Ennis Britton's On the CallOn the Call: Navigating Parent CommunicationsDuckity, 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.Thanks to all our listeners for another great season! With ove...2024-05-2824 min
Ennis Britton's On the CallOn the Call: Summer MeetingsSchools 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.Thanks to all our listeners for another great season! With over 7,500 downloads and no...2024-05-1421 min
Ennis Britton's On the CallOn the Call: PredeterminationSidestepping 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.Thanks to all our li...2024-04-2322 min
Ennis Britton's On the CallOn the Call: Child Find - Escalating BehaviorErin 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.Thanks to all our listeners for another great season! With over 7,500 downloads and no cease-and-desist letters...2024-04-0925 min
Ennis Britton's On the CallOn the Call: When the 504 Plan Falls ShortNavigating 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...2024-03-2623 min
Ennis Britton's On the CallOn the Call: Graduation DefermentGraduating 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 th...2024-03-1223 min
Ennis Britton's On the CallOn the Call: MethodologyJust 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...2024-02-2724 min
Ennis Britton's On the CallOn the Call: Outside Placements and Stay PutDetermining 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...2024-02-1223 min
Ennis Britton's On the CallOn the Call: Definition of ParentErin 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...2024-01-2222 min
Ennis Britton's On the CallOn the Call: MDR Unidentified Student and Request for EvaluationJust 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 t...2024-01-0922 min
Ennis Britton's On the CallOn The Call: Shortened DayIt'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...2023-12-2627 min
Ennis Britton's On the CallOn the Call: Threat AssessmentsErin 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! Thanks to all our listeners for another great s...2023-12-1222 min
Ennis Britton's On the CallOn the Call: Virtual MeetingsIn 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!" Thanks to all our listeners for another great season! With over 7,500 downloads and no cease-and-desist letters o...2023-11-2726 min
Ennis Britton's On the CallOn the Call: Gender DysphoriaA 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...2023-11-1124 min
Ennis Britton's On the CallPlacement ConundrumsJeremey 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! Thanks to all our listeners for another great season! With over 7,500 d...2023-10-2420 min
Ennis Britton's On the CallOn the Call: TransportationDoes 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. 2023-10-1025 min
Ennis Britton's On the CallOn the Call: Informal RemovalsSometimes 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! Thanks to all our listeners for another great season! With over 7,500 downloads and no cease-and-desist letters over our pop culture references, we’re c...2023-09-2625 min
Ennis Britton's On the CallGeneral Education AccommodationsErin 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! Thanks to all our listeners for another great s...2023-09-1223 min
Ennis Britton's On the CallOn the Call: IEEsDoes 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. Thanks to all our listeners for another great season! W...2023-08-2224 min
Ennis Britton's On the CallOn the Call: FERPASchool'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 po...2023-08-0725 min
Ennis Britton's On the CallOn the Call: Field TripsMake 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. 2023-06-1325 min