Can a paraprofessional deliver specially designed instruction in special education? What does federal law say about paraprofessional responsibilities in IEP implementation? And what should parents and advocates do when a school district admits that no certified special educator has been in the classroom all year?
Karen Mayer Cunningham, founder of Special Education Boss® and the Special Education Academy, breaks down a real IEP meeting in Texas where the district put it in their own deliberations: a general education teacher delivered the specially designed instruction. A paraprofessional collected IEP goal data. No special educator. No direct supervision. All year long.
This is what every parent, advocate, and educator needs to know about paraprofessionals and special education law:
→ What can a paraprofessional legally do in special education?
Paraprofessionals are not teachers. They can implement IEP components only under three conditions — direct supervision, close proximity, and frequent contact from a certified special educator.
→ What is the continuum of alternative placements under IDEA?
Federal law requires that school districts offer instruction in regular classrooms, special classes, special schools, home instruction, and hospital settings. If your district says "we don't have that" — they do. It's a federal requirement.
→ What is the Andrew F. v. Douglas County Supreme Court decision?
In 2017, the Supreme Court unanimously ruled that schools must write IEPs that enable students to make progress appropriate in light of their circumstances. Nine years later, most districts have never trained a single staff member on it.
→ What is Prior Written Notice and what does it require?
PWN must include all seven legally required components. Writing "N/A" on a federal document is not an option.
→ Who can modify assignments for students with IEPs?
Not a paraprofessional. Not a general education teacher. Modifications are the responsibility of a certified special educator.
→ What are paraprofessional laws by state?
The Epic IEP Para book covers IDEA, No Child Left Behind, ESSA, and every state's statute on what paraprofessionals can and cannot do.
States and cities referenced in this episode: Texas, Houston, California, Kentucky, Florida, Georgia, New Jersey, New York, San Francisco, South Bend, Indiana, Utah.
📚 Get the Epic IEP Para book on Amazon: [https://amzn.to/4dXkrdx]
📚 Get the Epic IEP book bundle: [Ihttps://buy.stripe.com/00wdR8coL79GfQBgrn1gs0f]
🎓 Join the Special Education Academy — first month free: https://specialeducationacademy.com/training
📲 Follow on TikTok: @specialeducationboss
📩 Hire a trained special education advocate: email advocate@specialeducationacademy.com
The Special Education Academy is now approved for continuing education hours in Texas (CPE) and Kentucky (EILA). The 2-Day Special Education Advocacy Intensive qualifies for 10 continuing ed hours in both states.
Upcoming live events: San Francisco (May 4), New Jersey (August 9-10), New York Dutchess County (August 7-8), Houston, South Bend, Kentucky, Florida, Utah
This is why we sit at the table prepared.
"When we get it right for the child, we get it right for everyone." — Karen Mayer Cunningham
Karen Mayer Cunningham, founder of Special Education Boss® and the Special Education Academy, breaks down a real IEP meeting in Texas where the district put it in their own deliberations: a general education teacher delivered the specially designed instruction. A paraprofessional collected IEP goal data. No special educator. No direct supervision. All year long.
This is what every parent, advocate, and educator needs to know about paraprofessionals and special education law:
→ What can a paraprofessional legally do in special education?
Paraprofessionals are not teachers. They can implement IEP components only under three conditions — direct supervision, close proximity, and frequent contact from a certified special educator.
→ What is the continuum of alternative placements under IDEA?
Federal law requires that school districts offer instruction in regular classrooms, special classes, special schools, home instruction, and hospital settings. If your district says "we don't have that" — they do. It's a federal requirement.
→ What is the Andrew F. v. Douglas County Supreme Court decision?
In 2017, the Supreme Court unanimously ruled that schools must write IEPs that enable students to make progress appropriate in light of their circumstances. Nine years later, most districts have never trained a single staff member on it.
→ What is Prior Written Notice and what does it require?
PWN must include all seven legally required components. Writing "N/A" on a federal document is not an option.
→ Who can modify assignments for students with IEPs?
Not a paraprofessional. Not a general education teacher. Modifications are the responsibility of a certified special educator.
→ What are paraprofessional laws by state?
The Epic IEP Para book covers IDEA, No Child Left Behind, ESSA, and every state's statute on what paraprofessionals can and cannot do.
States and cities referenced in this episode: Texas, Houston, California, Kentucky, Florida, Georgia, New Jersey, New York, San Francisco, South Bend, Indiana, Utah.
📚 Get the Epic IEP Para book on Amazon: [https://amzn.to/4dXkrdx]
📚 Get the Epic IEP book bundle: [Ihttps://buy.stripe.com/00wdR8coL79GfQBgrn1gs0f]
🎓 Join the Special Education Academy — first month free: https://specialeducationacademy.com/training
📲 Follow on TikTok: @specialeducationboss
📩 Hire a trained special education advocate: email advocate@specialeducationacademy.com
The Special Education Academy is now approved for continuing education hours in Texas (CPE) and Kentucky (EILA). The 2-Day Special Education Advocacy Intensive qualifies for 10 continuing ed hours in both states.
Upcoming live events: San Francisco (May 4), New Jersey (August 9-10), New York Dutchess County (August 7-8), Houston, South Bend, Kentucky, Florida, Utah
This is why we sit at the table prepared.
"When we get it right for the child, we get it right for everyone." — Karen Mayer Cunningham