"I Feel Like a Dumping Ground": Legal Issues Surrounding Paraprofessionals in Schools

• In Event: Law and Education SIG Paper Session

Abstract

The practice of utilizing paraprofessionals to perform key classroom and support functions for students not only deprives students of high-quality care and instruction, it also creates a potential liability for school districts in several areas. This study reviews legal cases involving paraprofessionals in order to categorize and describe key legal concerns surrounding the use of paraprofessional labor in schools. Using the NexisUni database, our search returned 78 legal cases centered around the following themes: Restraint/physical abuse, sexual misconduct, paraprofessionals as key witnesses, supervision, employment issues, and speech issues. These findings illustrate the need for districts to clearly define the roles and responsibilities of paraprofessionals and to provide training for assigned duties, especially for paraprofessionals working with medically fragile students.

Authors

• Catherine Robert, The University of Texas - Arlington

• Maureen Fox, Sacred Heart University