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teabreak teabreak is offline
Joined: Oct 2007
Posts: 3,779
Senior Member

Joined: Oct 2007
Posts: 3,779
Senior Member
Old 10-05-2019, 03:21 PM
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That normal SpEd answer is: It depends.

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.

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 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.
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