On the Call: Outside Placements and Stay Put

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 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 with outside placements and how to balance safety concerns and the risks of non-compliance so you will be able to fly smoothly across the continuum

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Shortened Day

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 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 was determined to be appropriate.

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Virtual Meetings

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 technology user-friendly and maintain a productive meeting for all involved so everyone “CAN HEAR YOU NOW!” 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call: Placement Conundrums

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 instruction and what should be documented, all which will have you saying “Bada Bing, Bada Boom” when the next placement issue arises! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

 

 

 

 

 

On the Call: Informal Removals

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 violation. They also cover some practical tips which will have you shouting BINGO! 

You can also listen here or wherever you get your podcasts. Look for new episodes on the second and fourth Tuesdays of the month.