On the Call: Administrative Law and Special Education

Given the scale of federal regulations and their importance to several laws related to special education, the U.S. Supreme Court’s decision in Loper Bright may leave you feeling caught in the undertow of uncertainty. Have established “rights” found in regulations – such as service animals under the ADA, public funding for IEEs under IDEA, FAPE under 504 – been tossed out by the Court? In this episode Jeremy and Erin discuss how the standard for administrative law has changed from Chevron to today and break down a case from Alabama that demonstrates how judges may approach challenges to the IDEA in a post-Chevron world. By explaining the role and impact of federal regulations going forward and how districts can continue to ensure compliance, Jeremy and Erin will help you chart a course to calmer shores.

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

 

Welcome Back to Season Three! On the Call: Incarcerated Students

Welcome back to Season Three! When a student is locked up, districts hold the key to ensuring they receive special education. In this episode, Jeremy and Erin discuss how to move forward with a student’s IEP plan in the context of incarceration. The discussion includes a state complaint from Ohio where a district was found to have denied an incarcerated student FAPE after they did not revise his IEP and then failed to implement the plan as written. While the district took steps to support the student, they did not adequately document those actions. They provide valuable pointers on how to coordinate with different detention facilities in order to provide services to students, and discuss the importance of leaning into the individualized nature of IEPs in order to respond to the student’s changed circumstances. 

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

 

Ennis Britton’s 2024 Special Education Roadshow

Ennis Britton’s 2024 Special Education Roadshow

We’ll look forward to seeing you in October! 

Ennis Britton’s Special Education Roadshow will be back on the road in Fall 2024 for exclusive one-day events in four locations throughout Ohio. The seminar day includes a full agenda of the latest special education law issues and opportunities. Review recent changes in the legal landscape, as well as trend forecasting and strategies for your special education administrative team.

Each workshop is 9:00 am to 4:00 pm. Registration begins at 8:30 am.  Lunch is included! 

Cost for the program is $205.00 per person.

Please plan to join us at a location near you! Reserve your seat now!

 

Register Here for the 2024 Special Education Roadshow:

Thank you for your interest. Please mark your calendar with the date and location you select. We will send additional information shortly. In the meantime, please contact Jennifer Novotny at jnovotny@ennisbritton.com should you have any questions.

I plan to attend the following session:(Required)

Special Education Update: Recent Case Highlights the Importance of Paying Attention to Academics

Special Education Update: Recent Case Highlights the Importance of Paying Attention to Academics

Ohio’s Office for Exceptional Children (“OEC”) found that a district did not meet its child find obligations under the Individuals with Disabilities Education Act (“IDEA”) when it neglected to evaluate a student receiving poor grades and displaying difficulties paying attention. In Shelby City Schools, 124 LRP 2694 (2024), the parent of a student emailed a district indicating that their student was struggling with test scores and that they wanted an Individualized Education Program (“IEP”) evaluation. The district failed to respond to the email and never conducted the IEP.

As the year progressed, the student’s grade reports indicated that they were struggling significantly in the 2023-2024 school year when compared to the 2022-2023 school year. In its finding, the OEC noted that the student’s grades showed a significant decline in performance to which the district “had knowledge of the Student’s academic struggles.” Additionally, the OEC found that even though some interventions were in place, it was clear that the interventions were not working, and the student continued to make no progress. Therefore, because of the failure to implement interventions to help the student make progress and to conduct an evaluation when the parent requested, the OEC found that the district violated the IDEA’s child find requirement.

What does this mean for your district? As the school year comes to a close and summer is right around the corner, be sure to watch for students’ grades and look for students whose grades or test scores may be declining. As the OEC noted in this case, the fact that the student’s grades were gradually worsening and they were having an increasingly difficult time paying attention should have caused the Ohio district to take notice and evaluate the student. These possible red flags, which may be highlighted in end-of-the-year grade reports, could be a flag to districts that a child might be IDEA-eligible.

On the Call: Predetermination

Sidestepping parental input before the IEP meeting can have you stepping into a big rain puddle of trouble. Jeremy and Erin discuss the legalities and implications of predetermination, including a recent case from Maryland where the district’s case was bolstered by the documented and constant discussion that items on the IEP were only a draft and could be changed at the meeting. They share several practical tips to help foster collaboration and ensure meaningful parental participation, which in turn, will have your team blooming like May flowers.

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

Meet us in Savannah? Ennis Britton’s Jeremy Neff and Pam Leist will be speaking at the LRP National Institute in Savannah, Georgia from May 5th through 8th. This is their third year running at the conference! Pam’s session will navigate confidentiality and Jeremy plans to share insights on successfully transitioning from IDEA services. Learn more at LRPInstitute.com. Hope to see you there!