Special Educator Advocacy: A Case of Retaliation?

Abstract

ABSTRACT This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such claims under Section 504 of the Rehabilitation Act and the secondary alternative legal bases of First Amendment freedom of expression and state whistle blower laws. The concluding discussion provides the practical implications for special educators, including the role of professional ethics.