A medical diagnosis can be one piece of the puzzle in special education. In this episode, Jeremy and Erin dive into autism eligibility under the IDEA, examining a case from North Carolina where a school district defended its decision to deny special education services to a recently diagnosed student. They look at the critical steps of conducting thorough initial evaluations and the importance of collaborating with parents to clarify the distinction between a medical diagnosis and educational eligibility. They share strategies to ensure a complete, accurate understanding of a student’s unique educational needs.

*Listen to the “choose your f-word” IEE episode referenced in this episode here. 

Also, be sure to join Jeremy Neff on December 5 for a live LRP webinar on managing law enforcement involvement with students with disabilities. Get legal insights and proactive strategies to address extreme behaviors while protecting students’ rights. Register here!

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

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! 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.