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School not complying with ieps
Old 08-28-2019, 07:38 PM
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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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