If someone at your school said “it’s fine” without showing you the law — it probably was not fine. This is a full breakdown of what the law actually says about paraprofessionals, AAC rights, autism eligibility, and 504 plans.

Every week inside the Special Education Academy, Karen Mayer Cunningham goes live to answer real questions from parents, teachers, paraprofessionals, and advocates navigating the IEP and 504 process. This session covered some of the most-asked questions she receives — and the answers matter, because too many people are being told things that simply are not true.

This post breaks down each major topic with the federal law behind it. Bookmark it. Share it. Read it before your next IEP meeting.

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Paraprofessional Law: What Federal Law Actually Says

The number one question Karen receives is about paraprofessionals — what they can do, what they cannot do, and what the law requires. The answer is not a matter of opinion, HR policy, or state interpretation. It is federal law, and it has been federal law since 1965.

Can a Paraprofessional Be Left Alone with Students?

A paraprofessional is not the teacher of record. Under ESSA, paraprofessionals must work under the direct supervision of a licensed teacher — not in place of one. If a para is routinely left alone with a classroom of students with disabilities, that is a compliance issue — not an HR decision.

What Paraprofessionals CAN Do Under Federal Law

• Provide one-on-one support to students under direct teacher supervision
• Assist with instruction and reinforcement of skills already taught by the licensed teacher
• Support students in general education settings
• Provide personal care support when trained to do so
• Assist with data collection on IEP goals under teacher direction

What Paraprofessionals CANNOT Do Under Federal Law

• Serve as the sole instructional provider for students with IEPs
• Develop, implement, or evaluate IEP goals independently
• Be the teacher of record for any student
• Replace a licensed special education teacher in a self-contained classroom
• Make placement or eligibility decisions

“We love paraprofessionals. They are the backbone of school districts. But we have done them an injustice by pretending they are something they are not legally authorized to be.” — Karen Mayer Cunningham

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AAC Rights: What to Do If Your Child’s Device Is Removed

Augmentative and alternative communication (AAC) is not a classroom privilege. It is a communication right protected under federal law. If a school removes, substitutes, or restricts a student’s AAC system without parent knowledge, that is not a scheduling issue — it is an Office of Civil Rights (OCR) issue.

What to Do If Your Child’s AAC Was Removed or Substituted

1. Email school leadership immediately — in writing. Document what happened and request written confirmation that the device will be fully restored.
2. Request an emergency IEP meeting — AAC is typically written into the IEP as an assistive technology service. A unilateral change may constitute a change in placement.
3. Contact your State’s Office of Civil Rights — if the school fails to respond or restore access, file a complaint with the OCR.
4. Document everything — dates, names, what was said, what was changed, and any impact on the student’s communication and behavior.

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Autism Eligibility: What the DSM-5 Actually Requires

One of the most damaging myths in special education is that a child must display stereotypical behaviors — including hand-flapping — to qualify for autism. This is false. It has never been true. And it has kept children from receiving services they are legally entitled to.

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504 Plans vs. IEPs: Critical Differences Every Parent Must Know

What Is a 504 Plan?

A 504 plan is a document created under Section 504 of the Rehabilitation Act of 1973. It provides accommodations to give students with disabilities equal access to education — things like extended time, preferential seating, or sensory breaks.

What Is an IEP?

An IEP (Individualized Education Program) is a legal document under IDEA. It provides specially designed instruction, related services, and explicit legal protections — including prior written notice, procedural safeguards, and the right to dispute resolution.

Which Does Your Child Need?

For students with autism, the IEP is almost always the appropriate vehicle — because autism involves challenges that require specialized instruction, not just accommodation. A 504 alone is rarely sufficient.

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Self-Contained Classrooms: Accountability & Cameras

Cameras protect students. They also protect teachers and paraprofessionals. For parents: if your child is in a self-contained classroom, ask your district in writing what their monitoring and supervision protocols are. You are entitled to know.

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Can a Child with ADHD Qualify for an IEP?

Yes — and this is one of the most frequently misunderstood eligibility questions in special education. ADHD can qualify a student for an IEP under the Other Health Impairment (OHI) eligibility category under IDEA.

The key question is not whether the child has ADHD — it is whether that ADHD adversely affects their educational performance to the degree that they require specially designed instruction. If the answer is yes, an IEP is appropriate. A 504 with accommodations alone may not be sufficient.

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Frequently Asked Questions