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slg's Message:

This is shocking to me. Schools are legally bound to follow IEPs, are they not?

I would post this on the Vent Board for more traffic and thus more feedback from people more knowledgeable than me.

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Discussion Review (newest messages first)
teabreak 10-05-2019 03:21 PM

That normal SpEd answer is: It depends.

Quote:
My question is, can teachers or paras be held personally responsible (legally) when the school orders that the IEP is not followed? Additionally, can the school actually prevent teachers (AND the para) from disclosing that the student's IEP is not being followed? Can they retaliate against teachers or the para for disclosing that information?
Yes, in some cases teachers/paras can be held personally responsible if an IEP isn't followed, but generally if that teacher/para refuse to follow the IEP. If the school directs a different action than what is stated in the IEP then the school and district can be sued through the Due Process.

If a district employee is called into court, then they must state what really happened without opinion and on the advice of the lawyer. The school can't prevent them from disclosing that an IEP is not being followed. That would be reason for due process.

Yes, I'm sure some places would blackball a person for disclosing information. It's just the world we live in.

Quote:
Does anyone know of any specific sections of the IDEA law, Section 504, and ADA that address these issues or of any specific legal cases that address these issues? I want to know my legal responsibilities and protections, and I want to help the para understand their own rights in regards to this case.
There are no specific laws inside of IDEA regarding 1:1 aide but check in your circuit court area to see what laws are in effect for your district and state. You could also look under Wrightslaw.com for other court cases taken to the Supreme Court. There are plenty in there regarding SpEd, 504, ADA.

One thing that should come up concerning anything about an IEP is that all decisions are "team" decisions. No one entity or person can dictate what goes on the IEP, everything must have documented data, and then the IEP must be followed to provide FAPE.
Lilacs 10-05-2019 09:47 AM

Sometimes the IEP is worded to say...a 1:1 para will be available as needed...I have been told by admin that means available in the building to be pulled if and when the admin determines it is necessary. That leaves a lot of wiggle room for interpretation...especially if the para is in the classroom with both kiddos. Your union is a good choice to gain information. My understanding is that teacher and para can still be held accountable if they determine the IEP was not complied with.

broomrider 08-29-2019 10:32 PM

to consult a lawyer for some of those answers. I did a quick internet search without much luck in answering your questions.

Off the top of my head and never having attended law school, the principal seems to be coercing staff into a conspiracy to circumvent the IDEA and the IEPs of two students. I can't imagine the prince going public enough to request a subpoena and involve a judge in his misdeeds. Coerced or not, even the possibility of participating in a conspiracy could be a problem. Hence my suggestion of a lawyer to CYA.

It might be good to find out about whistleblowing laws in your state in case he does level charges.
Again, I can't imagine he'd be willing to pursue something that leads to the conclusion that he willfully violated an IEP, but you never can tell what a cornered person will do.

Renea 08-29-2019 12:31 PM

It seems the district would be foolish to investigate a case of their own negligence to comply with an IEP. The fact that a parent found out the district violated the law is beside the point.

The children could have reported to their parents the aides had changed or even other parents who are in the school could have spilled the beans.

Your district is a bit disingenuous in their outrage when they fail to follow the law and then are upset because they got caught.

Lottalove 08-29-2019 09:47 AM

give information to anyone except their chain of command, lead teacher, case manager or SpEd Director... It has always been this way and always will be.

Next, While you may contact your union, and there may be whistle-blower laws to protect some things, I still recommend you follow your school's chain of command. To not do so would likely count as insubordination. So while they cannot fire or reprimand you for "telling," they can fire you for insubordination.

Even in cases where a shared or part time para IS appropriate, it has to be discussed by the IEP team and written in to the plan.

I have students who have moved from a full time 1:1 to shared, part time or loose supervision but all involved know and it is documented.

Good luck.

Keltikmom 08-29-2019 08:07 AM

Contact your union if you have one and ask them.
Also, research for stateís ed code.
Finally, where are you in the chain of command of this firestorm? The person who should be pitching a fit is your spec ed teacher or whoever is the childrensís case manager.

If you have no other recourse, send an anonymous letter to school board. Pretty sure they donít want another law suit.

slg 08-29-2019 07:33 AM

This is shocking to me. Schools are legally bound to follow IEPs, are they not?

I would post this on the Vent Board for more traffic and thus more feedback from people more knowledgeable than me.

beyondannoyed 08-28-2019 07:38 PM

There are two students in the grade that I teach (one in my class, one not) who are both meant to be receiving a full-time para, one for health and learning, one for behavioral. Because the student meant to be receiving a para for behavioral has been increasingly misbehaving (including violence), the school administrators have decided to make the two kids (who are in different classes) share the para (who was originally meant to be with the non-behavioral kid) despite this being non compliant with both students' IEPs. (*NOTE: this particular school in the district has lost a federal lawsuit in the past 5 years for not complying with a different child's IEP. They clearly have not learned from that)

The para was instructed that she is not, under any circumstances, to contact or reach out to the parent of the child they were supposed to be with (or really to speak to the parent at all), and all 4 teachers in the grade have also been instructed not to contact either parent. The parent found out anyway (from another parent who is a lunchtime monitor), and contacted the principal about the issue. All of the teachers were called into the office and accused of informing the parent, and the para was threatened with a subpoena of phone and text messages to prove that they informed the parent.

My question is, can teachers or paras be held personally responsible (legally) when the school orders that the IEP is not followed? Additionally, can the school actually prevent teachers (AND the para) from disclosing that the student's IEP is not being followed? Can they retaliate against teachers or the para for disclosing that information?

Does anyone know of any specific sections of the IDEA law, Section 504, and ADA that address these issues or of any specific legal cases that address these issues? I want to know my legal responsibilities and protections, and I want to help the para understand their own rights in regards to this case. I have two children of my own who have/have had IEPs and I am livid for the parents and children who are facing this issue right now. Especially because the school receives federal funding for each child with disabilities, and that the funding for each of these two children exceeds the cost of hiring them each a para, and is clearly not using those funds for their intended purpose.




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