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. 

Looking for more on MDR? Check out these episodes:

• Season 1, Episode 1: On the Call: MDR Basics
• Season 2, Episode 11: On the Call: MDR Unidentified Student and Request for Evaluation

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 comes around!

*Be sure to check out the earlier episodes related to this topic: Season 1, Episode 1: On the Call: MDR Basics and Season 2, Episode 11: On the Call: MDR Unidentified Student and Request for Evaluation

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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! 

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

#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

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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. 

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 Leist will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 Institute in New Orleans, April 26–29, 2026! Jeremy and Pam Leist will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register! 

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 Institute in New Orleans, April 26–29, 2026! Jeremy and Pam Leist will present 'What You Don’t Know Can Hurt You: Navigating Section 504’s Hidden Risks' at the Pre‑Symposium, followed by Monday sessions on Mental Health (Jeremy) and Service Animals (Pam).  Hope to see you there! Here is the link to register!