#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 level of educational benefit IEPs should provide, as well as other practical tips for identifying and supporting twice exceptional students in your district.

Want more on child find as it applies to students who are generally meeting expectations? Check out Episode 14 of Season 3 here.

Here is a link to the poem Jeremy and Erin reference: We Wear the Mask | The Poetry Foundation

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.

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.

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.

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.

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.

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.

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 earlier FERPA episode Jeremy references.

*Want to learn more about Burns Night that Jeremy references? You can check it out here!