Paraprofessionals are vital members of many special education teams, providing direct support to students with disabilities. These educational aides assist with a variety of tasks, including helping students complete assignments, supporting behavior management, and offering individualized attention. However, the use of paraprofessionals in special education has raised legal questions over the years. Court decisions have helped shape the role of paraprofessionals in schools, especially regarding the balance between support and ensuring that students still receive a proper education in line with the law.
The main issue in legal cases surrounding paraprofessionals is determining the extent to which their role can replace or complement the role of a licensed teacher. Courts have ruled that while paraprofessionals can support students, they cannot take on responsibilities that require specialized teacher expertise, such as providing direct instruction or making educational decisions.
Several court cases have addressed the use of paraprofessionals in special education, particularly in terms of whether the services provided by paraprofessionals meet the requirements of the Individuals with Disabilities Education Act (IDEA), a federal law that guarantees students with disabilities a free and appropriate public education (FAPE).
Cedar Rapids Community School District v. Garret F.(1999). In this case, the U.S. Supreme Court ruled that a school district must provide a medically necessary service (in this case, a one-on-one paraprofessional) to a student with disabilities if it is part of their Individualized Education Program (IEP). The Court ruled that a school could not deny services like one-on-one aides simply because they involved medical tasks or were provided by paraprofessionals rather than licensed teachers. The decision clarified that the IDEA’s promise of a free and appropriate education (FAPE) extends to ensuring that necessary services are provided, regardless of whether they are delivered by teachers or paraprofessionals.
Tatro v. State of Texas (1980). In this case, the Court ruled that schools must provide services that are “necessary” to enable a student to benefit from their education. While not specifically about paraprofessionals, the case set a precedent for deciding what services and supports are required under IDEA, influencing future cases that involved the use of paraprofessionals.
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