It is the last full week of IEP meetings. Karen Mayer Cunningham is answering your live questions — and she is not pulling punches. If the IEP was left vague on purpose, if the district violated a mediated agreement, if you have been told no without a reason — this episode is for you.

Every week inside the Special Education Academy, Karen goes live to answer the questions that parents, advocates, and educators are actually facing — not the easy ones, but the ones that keep you up at night. This session covered some of the most critical topics in special education law, from prior written notice to ESY criteria to why you should stop asking for a dyslexia evaluation.

Here is a breakdown of every major topic covered — with the law behind each answer.

What Is a Prior Written Notice — and What Must It Include?

Prior written notice is one of the most important documents in special education — and one of the least understood. Karen compares it to Sasquatch: you have heard about it, but people rarely see it done correctly.

What to do if you receive an incomplete PWN: Do not tell the district it is wrong. Ask instead — “This document is insufficient. Is this the final prior written notice you are providing us?” That question creates a record without tipping your hand.

Stop Asking for a Dyslexia Evaluation — Ask for This Instead

This is one of the most common mistakes parents make — and it costs their children significant services. When you ask for a dyslexia evaluation, you get a dyslexia evaluation. That is it. But there are four specific learning disabilities in reading, and a child can have any combination of them.

ESY Criteria: You Don’t Get It — You Require It

Extended School Year services are not something a district hands out. They are something a student requires — based on documented evidence. And the two-prong test is specific.

If two students in a class received ESY and your child did not, that is not necessarily a violation — ESY is individualized. But if you believe the determination was wrong, go back to the IEP table and say: “I believe we may have missed something in our last meeting. I would like to address ESY again.”

When a School District Violates a Mediated Agreement

Settlements, mediated agreements, and state complaint resolutions are legal requirements — not suggestions. A school district that was not compliant before you mediated will not become compliant simply because an agreement was signed.

What to do when a district violates a settlement:

• Contact the state education agency and report non-compliance
• Reach back out to the fact finder, hearing officer, or the dispute resolution entity
• Document every instance of non-compliance with dates and details
• Go public if necessary — school board members and leadership respond to accountability
• Consult with a trained advocate — this is exactly what they are trained for

The IEP Was Left Vague on Purpose — Is That Legal?

An IEP is not a living document left open to interpretation. It is a legal contract that specifies exactly what services a student will receive, how often, for how long, in what setting, and by whom. A school that tells a parent the IEP was intentionally left vague has no legal standing for that position. Document it. Put it in the record. And get an advocate involved.

More Questions. The Real Answers.

Can a school district delay an evaluation until next year?

No. When you request an evaluation, the district has 15 days to respond — either granting or denying the request. They may not be required to conduct testing during school breaks, but they cannot legally defer your request to the following school year. If a district tells you they are not doing evaluations in May, document that communication and reach out to your state education agency.

Who is responsible for writing modifications?

Modifications are a special education product — not a general education product. A general education teacher and a paraprofessional are not the appropriate parties to design or deliver modifications. That is the legal responsibility of a certified special educator. If your child’s modifications are being written by a general ed teacher or implemented by a para without special education oversight, that is a compliance issue worth documenting.

What is predetermination — and how do you put it on the record?

Can a school skip IEP implementation for virtual school students?

Karen’s position is clear: virtual school is not an appropriate setting for most students with disabilities. There is no legal mechanism to modify a Zoom session or provide physical accommodations in a student’s living room. If your child with a disability is in a virtual school setting, understand that IEP implementation obligations may not be fully achievable — and that virtual school may not be the best placement for your child’s needs.

Should I ask for a 504 plan or an IEP evaluation?

Always ask for an IEP evaluation. An IEP evaluation will either identify a need for special education services (and open the door for an IEP) or eliminate that possibility — in which case a 504 may be appropriate. Starting with a 504 request can shortcut the evaluation process and leave significant services on the table. Karen says it plainly: 504 plans are good for putting under coasters. Start with the full evaluation.

Frequently Asked Questions

On April 23, 2026, I held a public press conference outside of Prosper ISD in Prosper, Texas. I was there because a family I represent has been systematically denied their procedural rights and safeguards under IDEA for the entirety of their child’s schooling.

This was not my first choice. It was my last one. We tried the meetings. We tried the emails. We tried reaching out to the Texas Education Agency. We tried going to the administration building in person. We were met with silence, obstruction, and eventually a school district police officer asking us to leave a public sidewalk.

So we brought a microphone.

Daphne is a student with multiple eligibilities under IDEA: Other Health Impairment for Rett Syndrome, Speech Impairment, and Deaf and Hard of Hearing. She uses a speech-generating device and communicates with determination and clarity. She is smart, she is capable, and she has been placed in the wrong educational setting since kindergarten.

Daphne was placed in a functional academics classroom. On the district’s own website, the requirement for that setting is a mild or moderate cognitive impairment. When I asked the team directly — twice — whether Daphne had a mild or moderate cognitive impairment, the answer was no. She doesn’t even have that eligibility.

She has been in the wrong placement for her entire school career. That is a denial of a free, appropriate public education for years.

And where does Daphne perform best? According to the district’s own 200+ page IEP document — in general education inclusion settings. The data is in their own paperwork.

This is not a case of one bad meeting or one miscommunication. This is a documented pattern of systemic procedural violations that denied the parent meaningful participation in the IEP process. Here is what we found:

From the Parent

Daphne’s mother, Lacey Calvert, read a prepared statement at the press conference. In it, she documented violations of 34 CFR 300.501 (the right to bring an advocate), 34 CFR 300.324 (the requirement to consider parent concerns), and 34 CFR 300.322 (parental participation in IEP meetings).

She described being told the team was “scared” because she hired an advocate. She described having her hours of collaborative input reduced to a footnote. She described threats to end meetings because of her “tone” — when no abusive language was present.

Raising difficult questions about legal noncompliance is a parent’s right. It is not a behavioral issue.

Daphne uses a speech-generating device. The average person speaks about 150 words per minute. A speech-generating device produces about 15 words per minute. So you have to wait. It doesn’t mean there’s a deficit — she just needs more time.

When asked about school, Daphne wrote this sentence herself with minimal support from her outside provider:

Just because her body doesn’t cooperate every day does not mean she doesn’t have thoughts, feelings, and the right to an appropriate education. We have to be her voice until the district is willing to listen to hers.

On the day of the press conference, a school district police officer was sent to ask us to leave the property. When asked for the statute being violated, none was provided. We moved to the public sidewalk — three feet from where we had been standing — and continued.

The only official communication from the district in response to our documented concerns was a request to cancel the press conference. Not a response to the violations. Not a plan to address the noncompliance. A request to stop talking about it.

The day before the press conference, I drove five hours to attend Daphne’s IEP meeting in person. The special education coordinator who had controlled every prior meeting did not attend.

The team acted very differently that day.

We are preparing a systemic complaint to the Texas Education Agency supported by documentation from multiple families. A systemic complaint carries more weight because it demonstrates a pattern — not an isolated incident.

We are filing complaints with the State Board for Educator Certification requesting review of professional conduct and consideration of licensure sanctions for individuals who have misrepresented the law in IEP meetings.

We will be hosting a follow-up live webinar in the coming weeks to share documentation, answer questions, and provide updates.

We are not going away. We will not be silenced. And we will continue to advocate until this student — and every student in this district — receives the education they are entitled to under the law.

For Families in This District

If You Have Experienced Similar Treatment

If you are a parent, educator, or former staff member of Prosper ISD and you have experienced or witnessed similar conduct — inflated IEP documents, denial of parental input, predetermination, retaliation, or misrepresentation of the law in IEP meetings — we want to hear from you.

Your information will be included in the systemic complaint to the Texas Education Agency. The state looks at patterns. One family is a complaint. Multiple families with the same documented experience is a systemic problem that demands a full audit.

Contact: Karen@SpecialEducationBoss.com

The Bigger Picture

When special education is done right, it is transformative. But when it is used as a system of control — when parents are silenced, when documents are weaponized, when educators are afraid to speak — it harms the most vulnerable students in our schools.

Parents are equal stakeholders in the IEP process. That is not an opinion. It is federal law. And when a district’s response to a parent exercising their rights is to send a police officer to the parking lot, something is deeply wrong.

If you tell the truth, you don’t have to shrink back. We are going to continue telling the truth until this is resolved.

This is why we sit at the table prepared.

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Contact Karen directly: Karen@SpecialEducationBoss.com

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About the Author

Karen Mayer Cunningham is the founder of Special Education Boss® and Special Education Academy. She has served families navigating the special education process for 30 years. Karen is the author of The Epic IEP™, The Epic IEP™: PARA, and The Epic IEP™ Guide to Federal and State Law for Special Education. She trains everyone who sits at the IEP and 504 table — parents, educators, advocates, and professionals — to navigate and negotiate successful student outcomes.

This content documents a public press conference and is educational in nature. Special Education Boss® does not provide legal advice or legal representation. Special Education Boss® educates and equips families and professionals to understand and navigate special education systems.

“When we get it right for the child, we get it right for everyone.”

— Karen Mayer Cunningham

Paraprofessionals are some of the most important people in a school building. They show up every day, work directly with students, and often become the person a child trusts the most. Karen Mayer Cunningham has said it plainly: paraprofessionals changed her own son’s life. They change the lives of students in classrooms across the country every single day.

But here’s where it gets complicated — and where too many schools are getting it wrong.

Paraprofessionals are not teachers. They are not licensed to deliver specially designed instruction. They are not credentialed to implement the full scope of an IEP independently. And yet, in school after school, that is exactly what is happening.

Why This Matters Right Now

Across the country, school districts are placing paraprofessionals in roles they are not licensed to fill. A special education teacher is listed on the IEP as the service provider, but when you ask how many minutes per week that teacher actually sees the student, the answer is sometimes zero. The general education teacher becomes a de facto special education teacher. The paraprofessional becomes the primary implementer of the IEP. Neither of those things is legally accurate — and neither serves the student the way the law intended.

This existed before the pandemic. After the pandemic, it has gone everywhere. Schools are short-staffed, budgets are tight, and the people paying the price are students with disabilities who are legally entitled to services delivered by qualified, credentialed educators.

What Is a Paraprofessional?

A paraprofessional — also called a paraeducator, instructional aide, teaching assistant, or TA depending on the state — is a school employee who provides support under the direction and supervision of a licensed teacher. Paraprofessionals serve both general education and special education classrooms, and their role is defined under federal law.

The legal framework for paraprofessionals was established under No Child Left Behind (NCLB) in 2001 and continued under the Every Student Succeeds Act (ESSA). Both laws outline what paraprofessionals can do, what their qualifications must be, and how they must be supervised. Additionally, each state has its own requirements, which may add to — but cannot reduce — the federal standard.

Under IDEA §300.156, special education services must be delivered by personnel who meet the qualifications established by the state for highly qualified teachers. A paraprofessional, no matter how skilled or dedicated, does not meet that standard unless and until they complete the credentialing process.

What Paraprofessionals Can Do

Paraprofessionals provide critical support to teachers and students. Their role includes assisting with instruction that has been planned and designed by the licensed teacher, helping students with daily routines and transitions, supporting behavior plans under teacher direction, providing one-on-one or small group reinforcement of skills already taught by the teacher, assisting with accommodations and modifications outlined in the IEP, helping with personal care needs, and collecting data as directed by the supervising teacher.

Paraprofessionals are a support system. They extend the reach of the teacher. They do not replace the teacher.

What Paraprofessionals Cannot Do

A paraprofessional cannot independently deliver specially designed instruction. They cannot be the sole implementer of IEP goals. They cannot serve as the replacement for a credentialed special education teacher in the classroom. They cannot make instructional decisions about a student’s program. And they cannot be left to manage a special education caseload without direct, ongoing supervision from a licensed teacher.

One of the clearest ways to know whether this line has been crossed: if the special education teacher listed on the IEP never sees the student in the instructional setting, the service minutes are not being delivered as written. A paraprofessional in the room does not equal a special education teacher delivering services.

The Direct Supervision Requirement

Federal law requires that paraprofessionals work under direct supervision of a licensed teacher. Direct supervision is not a suggestion — it is a legal threshold. Under NCLB and continued in ESSA, that threshold is met through close proximity and frequent contact.

What does that actually look like? It means the supervising teacher is regularly present in the instructional setting. It means the paraprofessional is replicating — with limitations — what the teacher has modeled and directed. It means the teacher is planning the instruction, the paraprofessional is supporting its delivery, and there is ongoing communication between them about the student’s progress.

What it does not look like: a paraprofessional running a classroom alone five days a week while the case manager handles paperwork in another building. A paraprofessional seeing the supervising teacher once a week — or never. A paraprofessional being the only adult implementing IEP goals with no credentialed educator involved in the delivery.

If that is what’s happening at your child’s school, the direct supervision requirement is not being met.

Why Schools Get This Wrong

Most of the time, this is not about bad people. It is about a system under pressure. School districts face staffing shortages, budget constraints, and growing caseloads. When a special education teacher position goes unfilled, someone still has to be in the room with the students. That person is often the paraprofessional.

The problem is that districts are posting positions that legally require a credentialed teacher, then filling them with individuals who are not currently credentialed for that role. When families ask about it in IEP meetings, they are often met with a room full of administrators — the principal, the special education director, sometimes even the district attorney — who will log on and say they don’t see a problem.

The law is not ambiguous on this point. IDEA §300.156 requires that special education services be delivered by personnel who are highly qualified as defined by the state. Districts may be doing their best with what they have, but staffing constraints do not change the legal requirement.

What Every State Requires — And Why You Need to Know Your State’s Law

Federal law sets the floor. Every state can raise that standard but cannot lower it. That means the qualifications, duties, and supervision requirements for paraprofessionals vary from state to state. What is required in Texas may look different from what is required in Ohio, California, or New York.

This is one of the biggest reasons families and educators get stuck in circular arguments with their districts. The school says “we don’t do that here.” The parent doesn’t have the state statute in front of them to push back. The conversation stalls — and the student loses.

Knowing your state’s specific paraprofessional requirements is not optional if you are sitting at the IEP table. It is the difference between accepting what you’re told and knowing what the law actually says.

Common Situations Parents and Advocates Should Watch For

What Parents and Advocates Should Do

Ask the question directly in the IEP meeting. Karen recommends asking the case manager: “You are listed as the service provider on this IEP. How many minutes per week do you see my child in reading class? In math class?” If the answer is “never” or “rarely,” you have a problem that needs to be addressed — and documented.

Request clarity on who is delivering service minutes attached to goals. If a paraprofessional is the only person implementing instruction on an IEP goal, the service is not being delivered by a credentialed educator as required under IDEA.

Know your state’s paraprofessional requirements. Federal law provides the foundation, but your state statute will tell you exactly what is required for supervision, qualifications, and duties in your district.

Document everything. If you identify a concern, put it in writing. Email the principal, the case manager, and the special education director. State the concern clearly and request an IEP meeting to address it.

What Educators Should Do

If you are a teacher and you see that a paraprofessional is being placed in a role that exceeds their qualifications, document it. Reach out to your principal in writing and state the concern: this student has IEP service minutes that require a credentialed special education teacher, and those minutes are currently being delivered by a paraprofessional without direct supervision.

Protect yourself by putting it in writing. Teachers do not hire or fire staff. Teachers do not control building-level staffing decisions. But teachers do have a professional and legal obligation to flag when services are not being delivered as written in the IEP. If leadership later claims they didn’t know, your documentation proves otherwise.

The Resource That Ends the Argument

Karen wrote The Epic IEP™: PARA so that the arguing and the shenanigans stop. The book covers the full history and legal framework for paraprofessionals — from the Elementary and Secondary Education Act of 1965 through No Child Left Behind, the Every Student Succeeds Act, and IDEA. It outlines duties, responsibilities, and limitations in plain language. And it includes the paraprofessional requirements for all 50 states and the District of Columbia, organized alphabetically with direct references to each state’s department of education.

If you have ever been in a meeting where someone said “we don’t do that in our state” — this book gives you the answer. If you are an educator who wants to understand your rights and the rights of the paraprofessionals on your team — this book is for you. If you are a parent or advocate who needs to know whether the services on your child’s IEP are actually being delivered by a qualified person — this is the resource.

Get The Epic IEP™: PARA →

Also available: The Epic IEP™ — the national bestseller that started it all — and The Epic IEP™ Guide to Federal and State Law for Special Education, which crosswalks federal law with all 50 state statutes.

Watch the Full Episode

This blog post was developed from a live Q&A training session with Karen Mayer Cunningham. Watch the full episode for additional questions on reading levels, ESY, raw data, due process, and more.

Watch on YouTube →

Want to Go Deeper?

The Epic IEP™ Academy has over 300 hours of training on paraprofessionals, evaluations, IEPs, 504 Plans, eligibility, procedural rights, and more — updated weekly. The first month is free.

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“When we get it right for the child, we get it right for everybody.”

— Karen Mayer Cunningham

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This content is educational in nature. It is not legal advice and does not constitute legal representation.

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.

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

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.

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.

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.

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.

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.

Frequently Asked Questions