Member Rights in IEP and 504 Meetings
Teachers want what is best for the student and work collaboratively with everyone involved in IEP and 504 meetings. However, we are seeing an increase (nationwide and in Missouri) of attorneys being actively involved in IEP/504 conferences and civil lawsuits being filed. All members should be wary and seek advise from the RNEA or a UniServ Director before the conference if there are concerns
Liability Insurance
All Missouri NEA members are protected with a $2 million liability insurance policy that includes discussions and implementation of IEP and 504 plans. The insurance will protect members named in a civil suit even if there is a finding of liability as long as there was no intent on the part of the member to ignore or go against the plan. The Rockwood school district's liability insurance policy may coordinate with the member's policy if the district makes the decision to include the member. Teachers are not the one who determine if they are included in the district's policy. The NEA policy will cover the member even if the school district does not.
What Should I Do?
IF you are informed there will be an attorney present at an IEP/504 conference take the issue seriously. Do not attend the conference without first contacting the RNEA or your UniServ Director. Do not make any statements during the conference , or put anything in writing , without sound advise. You may request representation (an advocate) be present with you in such a meeting. Rockwood policy is silent on your right to representation. The district may deny your request but you should ask for representation in such instances.
If, during the conference , anyone mentions the possibility of a lawsuit you should make every attempt to leave the conference immediately and receive advice from the RNEA or your UniServ Director. If the climate of the conference becomes hostile and confrontational you should also leave. Never disobey a directive by an administrator that you stay or attend the meeting, but strongly object and contact the RNEA or your UniServ director as soon as possible.
If you have any doubts about any of these conferences contact the RNEA or you UniServe Director for advice.
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