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...
On the Call: Transportation
Does it sometimes feel like the wheels on the bus are coming off as you approach the intersection of a student's IEP, transportation and IDEA? Erin and Jeremy diagnose what is required under IDEA when it comes to transportation, including bus suspensions and...
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...
Special Education Update: HB 33 Impacts Options & Obligations for Special Needs Students
The Ohio Budget Bill was signed by Governor DeWine on July 2, 2023. While the spending provisions were effective immediately, substantive changes to the law become effective October 3, 2023. Within these new and amended laws are several provisions that not only impact...
Sixth Circuit Sides with Parent in Free Speech Case
McElhaney v. Williams (August 25, 2023). In a late August decision , the Sixth Circuit reversed a District Court’s decision, finding in favor of a parent’s First Amendment rights, and sending a message to schools and their athletics staff regarding how they ban...
“Erin’s Law” Sets New Staff Training Requirements
“Erin’s Law,” originally House Bill 105, was inserted into a criminal justice bill, Senate Bill 288, and was passed in January 2023, and effective in April 2023. It amended ORC 3313.60 to include child sexual abuse and violence prevention training and education for...
Ohio Court Rejects Parent and Student Challenge to Bathroom Policy Accommodating Transgender Students
A school district in Ohio adopted a policy that allowed transgender students to use the bathroom that matches their gender identity. A group of middle school parents and students opposed to the policy filed a federal lawsuit in 2022. Their primary argument was that...
Career Tech Corner: The Clery Act and Ohio Technical Centers
The Clery Act, formally known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, is a federal law that aims to promote campus safety by requiring colleges and universities that receive federal funding to disclose information...
On the Call: General Education Accommodations
Erin and Jeremy discuss the rules of the game when it comes to general education and implementation of accommodations so that no one ends up offsides. They kick around a recent case from Pennsylvania which resulted in a yellow card for a district that did not properly...
On the Call: IEEs
Does it feel like IEEs roll in as fast as Jeremy's 1977 Ford Granada? In this episode, Jeremy and Erin cover your options - fund or file - under the black letter law when parents request an IEE. They share a recent matter from Arizona which determined when a district...
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Short Series Podcast: Transgender K-12, Staff Rights and Obligations
In the final episode of the series, Erin and Giselle get into the “nitty gritty” of staff rights with regard to transgender students in K-12. The discussion centers on recent cases pertaining to staff rights of speech, expression and religion and the importance of...
Welcome Back for Season 2! On the Call: FERPA
School's back in session and so is On the Call! Welcome to the second season of On the Call. In this episode, Erin and Jeremy cover the "F" word and what happens when a mistake is made under FERPA. They share an example of a recent mistake made by a school district in...
Short Series Podcast: Transgender K-12, The Playing Field: Students’ Rights and Athletics
In episode five, Erin and Giselle venture onto the playing field of student rights, including athletic participation, parent’s rights and what it all means under the newly proposed change to Title IX regulations on students’ eligibility for athletic teams. They tackle...
Department of Education Investigates Removal of Library Books in Schools
During the 2021-2022 school year, the Office for Civil Rights (OCR) opened an investigation into Forsyth County Schools following a complaint that the district discriminated against students on the basis of sex, race, color, and national origin. Forsyth County Schools...
Education Department Issues Guidance on Religious Expression in Schools
On May 15, 2023, the United States Department of Education issued a “Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools” document. Coaches are referenced several times throughout the guidance, and it is...
Special Education Update: Latest Budget Bill Draft Includes Troubling Special Education Provisions
On June 8, 2023, the Senate Finance Committee released its draft of the HB 33, the state biennium budget bill. The draft contained some unfortunate proposals that will impact special education if passed in the final version of the bill, which is expected by the end of...
CTC Corner: Accessibility of Online Services and Programs Focus of Enforcement by DOJ andOCR
On May 19, 2023, the U.S. Department of Justice Civil Rights Division and the U.S. Department of Education Office for Civil Rights issued a joint Dear Colleague letter (“Letter”) reminding postsecondary institutions of their obligations to ensure that the online...
On the Call Podcast: Field Trips
Make sure your permission slip is signed and your seat belt is fastened as Jeremy and Erin take us on the field trip roller coaster ride in this season's final episode. They share insights about the laws covering field trips under 504 and IDEA and complications you...
Short Series Podcast: Transgender K-12, Taking a Look Back
In this 6-episode series of The Ennis Britton Short Series Podcast: Transgender K-12, attorneys Erin Wessendorf-Wortman and Giselle Spencer take a deep dive into the ever-changing landscape of K-12 schools and transgender students. They will cover the history and...
On the Call Podcast: Extracurricular Activities
Go Team! Whether it's cheerleading, football, e-sports or D&D, ensuring your coaches and club advisors have the proper game plan for extracurricular activity participation can keep you out of the penalty box. Erin and Jeremy cover some of the significant guidance...