On the Call: Graduation Deferment

Graduating 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 the transition which will have you tossing your cap high at the end of the year! 

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: Definition of Parent

Erin 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 drama.

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: MDR Unidentified Student and A Request for Evaluation

Just 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 had acted reasonably in conducting special education services after the expulsion. They discuss practical tips, including ensuring your hearing officer is educated and informed on the special education process and thoroughly documenting the request, discussion and decision, that will help you and your team take home the “Good Sportsmanship Award”.

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: Threat Assessments

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 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! 

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: Gender Dysphoria

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 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 OSBA Capital Conference on Monday, November 13 in Columbus where she and Giselle Spencer will present Gender Issues: What Every School District Needs to Know or catch their podcast, EB’s Short Series: Transgender K-12, here.

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