Ennis Britton's On the Call
Jeremy Neff and Erin Wessendorf-Wortman
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The Special Education Team of Ennis Britton hosts the podcast “On the Call." Each episode focuses on a real-life special education scenario you may have encountered or might bump into very soon. Ennis Britton attorneys Jeremy Neff and Erin Wessendorf - Wortman take the call and then discuss applicable cases and laws related to the scenario presented. Each episode wraps up with practical tips based on the Special Education Team's years of experience serving school districts throughout Ohio.
Available episodes
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May 23, 2023
On the Call: Extracurricular Activities
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!
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May 9, 2023
On the Call: Staffing Shortages
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!
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Apr 25, 2023
On the Call: MDR Change in Placement
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.
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Apr 11, 2023
On the Call: Parent Participation
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.
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Mar 27, 2023
On the Call: MDR Exceptions
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.
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Mar 14, 2023
On the Call: Parent Advocates
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.
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Feb 28, 2023
On the Call: MDR Complete. Now What?
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.
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Feb 14, 2023
On the Call: OCR Complaints & Records Requests
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.
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Jan 24, 2023
On the Call: Assistive Technology
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!
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Jan 19, 2023
On the Call: MDR Basics
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.
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