On the Call Podcast: Parent Advocates

On The Call: Parent Advocates

by Jeremy Neff & Erin Wessendorf-Wortman

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.  

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 Podcast: MDR Complete. Now What?

On The Call: MDR Complete. Now What?

by Jeremy Neff & Erin Wessendorf-Wortman

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.  

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

Ohio Federal Court Affirms Exhaustion Requirement Under IDEA

Ohio Federal Court Affirms Exhaustion Requirement Under IDEA

As school districts continue to feel the bite from parent demands stemming from COVID closures and learning alternatives, the U. S. District Court for the Southern District of Ohio recently affirmed that the pandemic does not justify circumventing established due process procedures. In adopting the Report and Recommendation of Magistrate Stephanie Bowman, the federal court affirmed that an Ohio parent is obligated to exhaust those administrative remedies under the IDEA even when they attempt to the raise claims under other laws. 

In this case, the parent of R.Z., a high school student in Ohio, claimed that the school district’s decision to institute remote learning during the pandemic amounted to a failure to provide the student with a FAPE and a violation of Section 504 of the Rehabilitation Act of 1973, the Ohio Individuals with Disabilities Education Improvement Act, and the Ohio Education of Children with Disabilities Law. The parent claimed that his child could not benefit from remote learning and by imposing such a practice, the District’s policy amounted to a denial of the student’s rights.

The District moved to dismiss the lawsuit before the hearing.  The court granted the motion and dismissed the case.  In doing, so the federal court found that under Fry v. Napolean Community Schools, the Supreme Court of the United States made it clear that exhaustion of the administrate remedies under the IDEA is required when a complaint seeks redress for a school’s alleged failure to provide a FAPE. The court also looked to Perez v. Sturgis Public Schools, a Sixth Circuit decision handed down days before the oral argument on this case and noted that, while the Perez decision did not answer the question of whether a court is divested of subject matter jurisdiction when a party fails to exhaust administrative remedies, the exhaustion requirement still stands. Specifically, the appellate court found that even when a party is not directly contesting the substance or propriety of an IEP whenever the challenge relates to the provision of a FAPE, the determination of whether or not the school complied with the IEP is best resolved through administrative procedures “that elevate judicial economy and agency expertise.” The court went on to affirm that, since the Perez decision did not definitively recognize any exceptions to the IDEA exhaustion requirement, a claim that administrative exhaustion would be futile could not  save this Ohio case from dismissal.

What this means for schools: Now, the US Supreme Court, 6th Circuit Court of Appeals, and an Ohio District Court have made it clear that parents must avail themselves of the administrative hearing process as specified in the IDEA and Ohio law before claiming violations of related disability laws. As the Fry case makes clear, when the gravamen of a complaint rests on an alleged failure to provide a FAPE, the exhaustion requirements under the IDEA must apply.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On the Call Podcast: OCR Complaints & Records Requests

On The Call: OCR Complaints & Records Requests

by Jeremy Neff & Erin Wessendorf-Wortman

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.  

You can also listen here or on Spotify, Amazon and Google Podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

On the Call Podcast: Assistive Technology

On The Call: Assistive Technology

by Jeremy Neff & Erin Wessendorf-Wortman

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!   

You can also listen here or on Spotify, Amazon and Google Podcasts. Look for new episodes on the second and fourth Tuesdays of the month.

New! On the Call Podcast: MDR Basics

On The Call: MDR Basics

by Jeremy Neff & Erin Wessendorf-Wortman

The Special Education Team of Ennis Britton is pleased to announce the rollout of our new 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.

The first 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.

You can also listen to the first episode of the podcast here or on Spotify, Amazon and Google Podcasts. Look for new episodes on the second and fourth Tuesdays of the month.