If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

In the case of Bonaguide v. Regional School District No. 6, special education paraprofessionals, specializing in autism, argued that the school district had a legal duty to autistic students under the federal Individual with Disabilities Education Act (IDEA), which it breach by failing to provide the training, support and materials necessary for those working with the students to meet the standards of the act. The paraprofessionals allege this same breach of public policy resulted in their wrongful discharge.

The autism paraprofessionals were employed by the school district, and worked at the Goshen Elementary School. Both paraprofessionals worked with autistic students for approximately one year. The paraprofessionals made numerous requests for the regional administrators to meet in regard to the students’ Individual Education Plan (IEP) as well as discuss additional needs the students required. Subsequently, the paraprofessionals were terminated by the school district, citing budget cuts. The paraprofessionals allege that they were the only paraprofessionals terminated. The defendant moves to strike both counts of the complaint on the ground that the plaintiffs failed to state a claim of wrongful termination in violation of public policy because they were at-will employees, and as a result, were not entitled to state a claim with respect to their termination

Generally, employment at will grants both parties the right to terminate the relationship for any reason, or no reason, at any time without fear of legal liability. Employment contracts of indefinite duration are terminable at the will of either party. However, exceptions apply when the termination of an employee is the result of an employer’s violation of public policy, In order to succeed, the paraprofessionals must demonstrate a connection between their discharge and the alleged violation of public policy. It is not enough for the paraprofessionals to show that the school district was engaged in activities or conduct that violated public policy. The improper termination must be derived from some important violation of public policy and, thus, the paraprofessionals must show that their discharge was because of, or related to, the IDEA violation.

After due hearing, the court determined that the paraprofessionals allegations were sufficient to fulfill the public policy exception to at-will employment. As a result, the paraprofessionals claim survived the school district’s motion to strike the plaintiffs wrongful termination claims. “The [paraprofessionals allegations . . . are sufficient to establish that the [paraprofessionals] were terminated for advocating for services and requesting training to help them comply with the IDEA” said the court. “These allegations raise questions clearly related to this state's clear and defined public policy "to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Bonaguide v. Reg'l Sch. Dist. No. 6, 2013 Conn. Super. LEXIS 818, 2013 WL 1849521 (Conn. Super. Ct. Apr. 16, 2013)