Ennis Britton's On the Call
The Special Education Team of Ennis Britton hosts the 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. Each episode wraps up with practical tips based on the Special Education Team's years of experience serving school districts throughout Ohio.
On the Call: LRE Distractions
When “a class within a class” becomes reality, what’s a district supposed to do? In this episode, Jeremy and Erin dig into the legal and practical considerations that come with moving a student from general education to a self‑contained environment. They walk through what teams must consider, what districts can do, and how to make sure support ends up where it’s most effective. A shift in placement isn’t about giving up; it’s about matching services to student needs in a defensible, well‑documented way.
Looking for more on this topic? Check out: Season 4, Episod...
On the Call: MDR Drugs
What happens when a student with an IEP is caught with weed at school, and everyone says, “We don’t need an MDR! It’s drugs!”? In this episode, Jeremy and Erin unpack a federal court decision that turned that approach upside down. They talk discipline days, interim placements, settlement agreements that come back to haunt you, and how to keep your district out of the crosshairs while still holding students accountable. Spoiler Alert: “Ignore the IEP until this blows over” is not a winning strategy.Â
Looking for more on MDR? Check out these episodes:
Season 1, Episode 1: On...On the Call: MDR Reevaluation
A sock full of rocks and a hallway surprise,
One clunky, thunky moment that opened some eyes.
Erin and Jeremy dive in deep
To a Wisconsin case where the problems ran steep.
A reevaluation? Too narrow in scope.
A BIP untouched, and there went the hope.
What started as one small safety blip
Turned quickly to FAPE starting to slip.
When manifestations found, what must teams do?
How wide should the reevaluation review?
With practical pointers, steady and sound,
They map the next steps when behavior...
On the Call: Staffing Shortages and Failure to Document
A substitute walks into a classroom, and the documentation walks out the door. In this episode, Erin and Jeremy explore how staffing shortages, substitute coverage, and inconsistent service logs can lead to materials failures to implement an IEP. They dive into a case in which missing logs and missing staff led to a denial of FAPE. They share practical strategies for tracking service delivery, preparing substitutes, and communicating service gaps when your team is in flux.
Want additional information on this topic? Be sure to check out this earlier episode from Season One!Â
Your favorite p...
On the Call: Transportation as a Related Service
When it comes to accommodation requests, some people are willing to argue until you're both blue in the face. This is especially true when transportation is involved. In this episode, Erin and Jeremy explore a Connecticut case where a parent challenged the removal of specialized transportation from their child’s IEP. They break down the legal standards under IDEA and offer practical guidance for educators navigating tricky requests, hopefully helping you breathe a little easier.
For more on transportation, be sure to check out our earlier episode: Transportation and Discipline
Your favorite pod...
On the Call: Twice Exceptional
#1. The student is gifted and talented. #2. The student has a disability. Often viewed as opposite ends of the spectrum, the two designations can often be two sides of the same coin. “Twice exceptional” students, those who are both capable of high academic achievement and have a disability qualifying them for special education, can present unique challenges for educators. In this episode, Erin and Jeremy examine a Pennsylvania case holding that a district did not violate the IDEA by developing an IEP that anticipated a twice exceptional student would perform slightly below grade level. Join them as they discuss what leve...
On the Call: Functional Behavioral Assessments and Staffing
As requests pile up, school staff can feel overwhelmed when conducting functional behavioral assessments. Are all of these requests necessary? In this episode, Erin and Jeremy discuss a case out of Pennsylvania where a district court argued that the fact that additional counseling or an FBA might have helped the student was insufficient to amount to a denial of FAPE. Tune in as they provide alternatives for districts to consider before conducting an FBA, and the importance of staying proactive when addressing behavior issues with students.Â
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, wil...
On the Call: Residential Placement
In this episode, Jeremy and Erin break down the legal standards for residential placements under IDEA and Section 504. They analyze lessons from a Washington state case in which the court drew clear lines between therapeutic care and educational need. They offer practical tips for early intervention, being knowledgeable about local options, staying curious and asking questions to gather key information, and avoiding costly disputes when mental health and educational needs collide.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National Institute in New Orleans, April 26–29, 2026! Jeremy and Pam Le...
On the Call: Safety Fears and LRE Considerations
In this episode, Erin and Jeremy dive into a Delaware case involving a student with disabilities who had recently returned from incarceration and was grieving the tragic loss of a sibling. The student challenged the district’s proposed placement, raising questions about how schools evaluate LRE under the IDEA. They break down the legal standards, examine the district’s decision-making process, and provide practical guidance for educators facing complex placement determinations.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National Institute in New Orleans, April 26–29, 2026! Jeremy and Pam Leist...
On the Call: Changing Needs Based on the School Setting
A student with autism, a power tool, and a curtain - what could go wrong? When a vocational placement goes wrong, the consequences can be severe. In this episode, Jeremy and Erin explore how failing to update an IEP for a vocational setting led to serious injury and a federal lawsuit. Tune in for expert tips on how schools can stay compliant and keep students safe.
Want more on IDEA, 504, and vocational education? Check out Episode 5 of Season 3 here.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National Inst...
On the Call: Accommodations in Student Activities
Trying to avoid the drama over extracurricular accommodation requests? In this episode, Erin and Jeremy discuss a case from Wisconsin where a district properly denied a parent’s request for a paraprofessional aide to accompany their daughter during the school’s musical rehearsals. They provide practical tips for handling accommodation requests for nonacademic and extracurricular activities to ensure your district is hitting all the right notes.
Here is the link to the January 25, 2013, OCR Dear Colleague letter that Jeremy references.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National...
On the Call: Excessive Absenteeism
Adams, Adamson, Adler, Anderson, Bueller…Bueller…Bueller? While Principal Rooney may not be the best example of how to handle a student’s absence, excessive absenteeism should start to raise some red flags at the district. In this episode, Jeremy and Erin discuss a case from Michigan where the OCR determined that the school’s failure to reevaluate a student with disabilities may have resulted in a denial of FAPE. Join them as they provide practical tips on when to evaluate or reevaluate chronically absent students and how to determine if those absences are related to the student’s disability...
On the Call: FERPA and Social Media
School incidents don’t just stay in the classroom anymore! They’re landing on your For You Page. But are those viral videos FERPA compliant? In this episode, Erin and Jeremy break down a Colorado case where a parent’s TikTok went viral and an anonymous commenter claiming to be a school employee jumped in to “set the record straight.” The attorneys explore how social media can collide with schools’ confidentiality obligations, the implications of parents sharing information about their children on social media, and offer practical tips for educators before hitting “send.”
Here is the link to the e...
On the Call: IEP Software
In this episode, Jeremy and Erin tackle the growing tension between efficiency and individualization in special education documentation. As new technology allows for more dropdown menus, AI tools, and preset program options, the challenge is ensuring that IEPs and 504 plans remain truly tailored to each student. They review the legal framework under IDEA, Section 504, and a case out of New York that emphasizes the requirement for individualized plans. They share practical tips covering privacy safeguards and record retention, staff training, and careful integration of emerging technology.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be at...
On the Call: Placement versus Location
In real estate, it’s all about “location, location, location.” In special education… not so much. In this episode, Jeremy and Erin examine a Florida case in which a parent challenged the location of services rather than the program itself, thereby undercutting her predetermination claim and the argument that the district’s placement was not appropriate. Tune in as they clear up common misconceptions about educational placement under the IDEA and share practical strategies for navigating disagreements in the IEP process.
 Find the earlier episodes Jeremy references here:
On the Call: Predetermination
On the Call: P...
On the Call: Kindergarten IAES
Welcome back for Season 4!Â
Chairs flying. Tables climbed. Punches thrown. Explicit language. What sounds like a WWE showdown was, in fact, the day-to-day reality for one California kindergarten teacher.
In this episode, Jeremy and Erin break down a case involving a student whose escalating physical behavior and threats led the district to seek removal from his current placement. Tune in as they walk through the requirements for removing a student to an Interim Alternative Educational Setting (IAES), what’s required for expedited hearings, and how IEP teams and district staff can prepare for the...
On the Call: Service Animals
Who Let the Dogs In? Service dogs may not be there to eat your students’ homework, but their presence in the classroom can raise important legal questions for schools. In this episode, Erin and Jeremy dig into how service animals support students with disabilities and what the law requires of districts under both the IDEA and the ADA. They explore a case out of Minnesota where the court found a district wasn’t obligated to provide a handler for a student’s service dog because the support wasn’t necessary to provide FAPE. Tune in for practical tips on how serv...
On the Call: Transportation and Discipline
When a student with a disability is suspended from bus service, does the district have to provide an alternative way to get them to school? In this episode, Erin and Jeremy examine what IDEA and 504 really require when it comes to student transportation and what happens when behavior gets in the way. They evaluate a case out of Maine where a district’s decision to move a student to specialized transportation was challenged as overly restrictive. They also review practical tips for administrators to help determine whether the IDEA’s discipline rules apply, when to treat a transportation suspension as a...
On the Call: Prior Written Notice
Prior Written Notices are designed to ensure parents are fully informed and able to participate meaningfully in decisions about their child’s education. In this episode, Erin and Jeremy examine a case from New Mexico in which a district’s inconsistent and insufficient notices resulted in a finding of noncompliance and a denial of FAPE. They discuss the legal requirements surrounding PWNs, the consequences of failing to meet those standards, and offer practical guidance for drafting notices that are both timely and substantively adequate.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s...
On the Call: 504 Complaint Process
In this episode, Erin and Jeremy explore how Section 504’s protections and its many paths for complaints intersect with team dynamics, professional boundaries, and the risk of retaliation. They review a recent case out of Florida where a school employee’s advocacy for a disabled student led to a demotion and a lawsuit that survived a motion to dismiss. With changes to OCR and tensions rising, they provide practical tips on how administrators can create space for staff concerns without letting personal politics derail the process. As Taylor Swift and Florence Welch put it in Florida, “What a crash, what a...
On the Call: Repetitive IEP Goals
They say practice makes perfect! But is that true when it comes to repeating IEP goals? In this episode, Erin and Jeremy discuss a case out of Washington, D.C., where parents sued their local school district over an IEP that included several goals repeated from the prior year. Was this a denial of FAPE, or a reflection of the student’s continuing needs? Tune in as they break down what IDEA requires for IEP goals, and when it might be appropriate for a district to repeat them.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will...
On the Call: Balancing Accommodations and SDI
When does a child who graduates with a regular diploma and a 3.4 g.p.a. not receive FAPE? When assistive technology and other accommodations serve as a workaround for fundamental skills that the child is capable of acquiring. In this episode, Jeremy and Erin examine a Tennessee case where a school district was ordered to provide over 800 hours of compensatory education to a recent high school graduate with dyslexia. The student used AT to complete writing assignments and never learned to read and write. Tune in as they break down when accommodations are supporting learning versus when they simply...
On the Call: Child Find
Every parent wants the best for their child, but the IDEA doesn't guarantee a specific outcome in education. In this episode, Jeremy and Erin unpack a Maryland case where a student with dyslexia and ADHD was ruled ineligible for special education under IDEA based on his academic performance. The court maintained that his performance was still “average” for his grade level. They break down what legally qualifies as a disability under IDEA, and offer strategies for resolving conflicts between parental concerns and IEP team decisions.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’...
On the Call: Extended School Year
When it comes to a school district’s responsibility to provide FAPE, summer vacation doesn’t hit pause. In this episode, Jeremy and Erin examine a case from Oregon, where a district’s denial of Extended School Year (ESY) services led to a FAPE violation due to the IEP team’s failure to follow district and state policies. They break down the key ESY requirements, how eligibility determinations vary across states, and practical strategies to help districts navigate ESY decisions effectively—ensuring compliance and avoiding costly missteps.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending...
On the Call: Serious Bodily Injury
Telling someone to “break a leg” might be a way to wish them good luck, but for one Massachusetts school district, a fractured leg was no laughing matter. In this episode, Jeremy and Erin discuss a case where a hearing officer ruled that a staff member’s fractured leg—caused during a student fight—didn’t qualify as “serious bodily injury” under IDEA because it wasn’t “inflicted” by the student. They provide practical strategies for navigating student removals, MDRs, and the burdens of proof, offering essential tips to help districts steer clear of litigation pitfalls.
*Find the earlier...
On the Call: Anxiety
AI and robots may represent the future, but telepresence robots are not one-size-fits-all. In this episode, Jeremy and Erin unpack a compelling case where a school district’s decision to deny a student’s request to use a telepresence robot was found not to constitute disability discrimination under the law. They cover the nuances of anxiety as a recognized disability, offering valuable insights into how schools can effectively support students struggling with anxiety. They also share practical strategies for navigating challenging conversations with parents when accommodation requests push the boundaries of reasonableness.
Your favorite podcasters, Jeremy Neff and...
On the Call: Disciplinary Removals and FAPE
Short-term removals can be a practical tool for districts, as they typically don’t trigger IDEA safeguards or require the provision of FAPE. However, when the removal involves a student with a disability, districts must closely monitor the length to ensure compliance with the law. In this episode, Jeremy and Erin discuss a recent case from Montana where a district’s failure to provide continued educational services during a disciplinary removal led to a denial of FAPE. They share best practices for managing disciplinary removals of students with disabilities, including practical tips for tracking removal days, identifying changes in plac...
On the Call: Revocation of Consent
In this episode, Jeremy and Erin cover the complexities of revocation of consent under the Individuals with Disabilities Education Act (IDEA). They discuss what happens when parents choose to revoke consent for special education services, using a recent Missouri case as an example to explore the legal and practical implications. The episode includes strategies for helping parents understand the all-or-nothing nature of revocation while addressing their concerns in a way that prioritizes the child's needs.
*Listen to the “Definition of Parent” episode Jeremy and Erin reference in this episode here.
On the Call: Autism Eligibility
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 "ch...
On the Call: SRO/Law Enforcement Interactions
While no school wants to find itself in this situation, incidents happen, and how a district responds can dramatically influence the potential liability from future litigation. In this episode, Jeremy and Erin delve into a pivotal Texas case addressing school district liability in the context of student interactions with law enforcement. They explore the legal nuances of this decision, examine the risks for future litigation, and offer strategic insights and best practices to help districts proactively minimize liability in similar situations.
*Listen to the “earbuds” episode Jeremy and Erin reference in this episode here.Â
...On the Call: Social Maladjustment
In this episode, Jeremy and Erin explore the definition of "Emotional Disturbance" under IDEA and how it differs from social maladjustment, offering insights into key case law and legal interpretations that influence these assessments. They analyze a North Dakota case involving a first grader whose behavioral challenges, exacerbated by limited socialization due to COVID-related precautions, prompted a request for an IDEA evaluation. Jeremy and Erin also provide essential guidance for educators on navigating special education evaluations, emphasizing the importance of adhering to IDEA definitions and maintaining clear, direct communication throughout the process.
Your favorite podcasters, Jeremy Neff...
On The Call: Career Tech
This episode highlights the important role that Career Technical Centers play in providing opportunities for all students, including those with disabilities under the protections of the IDEA and Section 504. Jeremy and Erin discuss a notable New Jersey case that underscores the need to ensure students receive appropriate accommodations, allowing them to fully access CTC programs. They emphasize the critical role of collaboration between special education teams and career and technical education instructors as students prepare for postsecondary opportunities.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National Institute in Ne...
On the Call: Mental Health
Mental health can be a difficult subject. In this episode Jeremy and Erin delve into the unique challenges that arise when addressing mental health concerns for students with disabilities. Including a recent case from Pennsylvania where a district was forced to defend its decisions to revise a student’s IEP after a parent alleged the school’s response inadequately addressed their child’s mental health concerns and pulled them out of school. The two then discuss what is “appropriate” under the IDEA when addressing a student’s mental health concerns and different strategies that can help a district cover its bases th...
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 th...
On the Call: Special Education and Title IX
Title IX is complex, and recent proposed regulations and the ongoing lawsuits have only added to the confusion. Schools are now faced with the challenge of deciphering a maze of court rulings to understand their obligations under both state and federal law. And if that wasn’t complicated enough, special education considerations further complicate compliance.
In this episode, Jeremy and Erin delve into a notable case from Oklahoma that highlights critical missteps to avoid when addressing allegations of sexual harassment, regardless of which version of the Title IX regulations your district follows. They also explore the proposed ch...
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 va...
On the Call: Navigating Parent Communications
Duckity, Duck, Duck, %$#*! Communicating with parents can often feel like navigating a stormy sea with only a surfboard and no clear rules or guidelines. In this episode, Jeremy and Erin discuss setting boundaries without violating a parent’s rights. The discussion includes a case from California where the district had to take action due to a parent’s “colorful” communication. They provide valuable pointers on how to proceed progressively and cautiously when handling challenging communications which will have you surfing the waves smoothly.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending...
On the Call: Summer Meetings
Schools Out for Summer! But that doesn’t mean you can disregard requests for evaluations that come in before the final school bell rings! As the school year winds down, Jeremy and Erin discuss the requirements under federal law and the urgency of initiating evaluations over the summer months. They dissect a recent Oregon state complaint highlighting the consequences of delayed evaluations and non-compliance during the summer. They offer tips to keep your team on track while still enjoying a well-deserved break.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s Nation...
On the Call: Predetermination
Sidestepping parental input before the IEP meeting can have you falling 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.
Your favorite podcasters, Jeremy Neff an...
On the Call: Child Find - Escalating Behavior
Erin and Jeremy step up to the plate to provide a breakdown of a district's obligations for Child Find under IDEA and Section 504 when escalating behavior occurs. They analyze a recent case from Tennessee where a district prevailed, but the court cautioned against the dangers of ignoring clear signs of a disability under IDEA. The discussion highlights the importance of documentation and training, as well as setting up systems to monitor potential triggers to improve your Child Find RBI.
Your favorite podcasters, Jeremy Neff and Erin Wessendorf‑Wortman, will be attending LRP’s National Institute in <...
