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 information, and avoiding costly disputes when mental health and educational needs collide.

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 provide practical guidance for educators facing complex placement determinations.

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 vocational education? Check out Episode 5 of Season 3 here.

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 ensure your district is hitting all the right notes.

Here is the link to the January 25, 2013, OCR Dear Colleague letter that Jeremy references.

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 denial of FAPE. Join them as they provide practical tips on when to evaluate or reevaluate chronically absent students and how to determine if those absences are related to the student’s disability.

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’ confidentiality obligations, the implications of parents sharing information about their children on social media, and offer practical tips for educators before hitting “send.”

Here is the link to the earlier FERPA episode Jeremy references.

*Want to learn more about Burns Night that Jeremy references? You can check it out here!

Friday night lights aren’t the only game in town! It’s time for the 2025 Ennis Britton Special Education Roadshow! Our Section 504 “playbook” will get your whole school team ready to score big wins. Be sure to register here!

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 that emphasizes the requirement for individualized plans. They share practical tips covering privacy safeguards and record retention, staff training, and careful integration of emerging technology.

Friday night lights aren’t the only game in town! It’s time for the 2025 Ennis Britton Special Education Roadshow! Our Section 504 “playbook” will get your whole school team ready to score big wins. Be sure to register here!

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 misconceptions about educational placement under the IDEA and share practical strategies for navigating disagreements in the IEP process.

Find the earlier episodes Jeremy references here:

On the Call: Predetermination

On the Call: Parent Participation

Friday night lights aren’t the only game in town! It’s time for the 2025 Ennis Britton Special Education Roadshow! Our Section 504 “playbook” will get your whole school team ready to score big wins. Be sure to register here!