Dr. Joe Merhaut with a sample from his workshop “Why Should I Care?”
Doe v. Withers:
Teacher held personally liable for money damage for failing to implement the IEP.
(School insurance did not cover him).
This teacher actively refused to implement the specially designed instruction even after administration cited him.
Court reasoned that this was sufficiently egregious conduct to defeat claims of immunity.
Jury returned verdict against high school teacher for $5,000.00 compensatory and $10,000.00 punitive.
This is one good reason to implement the IEP even though we may not agree with it.