Ennis Britton's On the Call Jeremy Neff and Erin Wessendorf-Wortman

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 provided under 504 related to extracurriculars and share a recent OCR matter from Georgia which highlights all the right things to do so you won't have to yell D-E-F-E-N-S-E! 

What's your favorite carnival game? "Whack-A-Mole" or the "Ring Toss", perhaps? Every day can feel like a never ending carnival game when trying to balance the needs of special education students during unprecedented staffing shortages exacerbated by the pandemic. Erin and Jeremy kindly remind us that an IEP is a contract and contract terms must be met regardless of extenuating circumstances. They cover a 2021 case from Kansas which highlights the importance of being transparent when navigating staffing shortages - and what can happen if you don't! They provide practical tips such as prioritizing IEPs and engaging in open communication, which might just help you win a prize!

Educators and administrators are some of the kindest people around and, in an effort to make it easy for parents, will sometimes try to avoid the MDR process when student discipline becomes an issue. But side-stepping the MDR process and inadvertently  making a placement change without parent involvement can be deemed a "switcheroo" and can get you in trouble, as was the case in Ozark, Alabama in a recent matter before the State's Educational Agency. Erin and Jeremy provide some practical tips to assist you and the parents during the MDR and to keep the process "learning focused", which would make even Marty and Wendy happy. 

Determining the right amount of parent participation can feel like rowing a boat in a thunderstorm. Jeremy and Erin try to help you steer the boat by identifying what is required and needed versus what is not, and how to find the right balance of engagement and communication throughout the process. They share the details of a decision from the United States Court of Appeals for the Sixth Circuit that highlights the importance of ensuring the required procedural safeguards are in place at the frontend of the process so the relationship doesn't go down like the Titanic.

Looking for more information on this topic? Jeremy will be revisiting it during his "Building Parent Partnerships for Meaningful Participation" presentation at the LRP National Institute in New Orleans the week of April 17.  He will also lead a session on "Coaching the Coaches and Advising the Advisors" regarding Section 504 compliance in extracurricular activities. Pam Leist is providing a half-day session on "All Things Autism" at the Post-Institute Symposium.  This is the third year running with at least one member of the Ennis Britton Special Education Team speaking at this national conference. 

Was it Mrs. Peacock in the library with the candlestick? Sometimes dealing with the exceptions under a MDR can feel like playing a game of Clue. Jeremy and Erin help solve some of the mysteries when dealing with the three primary types of exceptions . They also highlight a recent case in Texas that addresses the importance of proper documentation and training so you are able to accurately determine when one of the exceptions applies that allows for removal even when the behavior is a manifestation of the child's disability.

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.