It could cost them thousands of dollars. Doe and Doe v. Withers, 20 IDELR 422 (Civil Action No. 92-C-92) was the first special education jury trial and the first special education dollar damage case. In this situation, a high school history teacher failed to follow IEP prescriptives to provide oral testing to one of his failing special education students. The teacher resigned after being notified in writing several times by the special education coordinator at the school to provide the accommodation. A substitute teacher began providing the accommodation and the student's grade improved. The parents sued and the student was awarded $5000 compensatory damages and $10,ooo in punitive damages plus attorney fees and court costs from the teacher. The principal, superintendent, and school board were dismissed because documentation supported they told the teacher to provide the accommodation.
In Mark H. v. Lemahieu, 49 IDELR, 513 F.3d 922 (9th Cir. 2008) it was determined that money damages are not available under the IDEA for allegations of a denial of FAPE; however, money damages may be sought under Section 504 for a denial of FAPE.
If a student's IEP calls for accommodations and modifications, they must be provided....no "If's", "And's", or "But's".
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