Legal Question in Education Law in New York

Attendance in a Committee on Special Education Meeting & Development of an IEP

I am a secretary for the special education department in a Westchester county school district. I am required to take minutes at a special education meeting, transcribe those minutes and partially develop the IEP. It has been brought to my attention by my director that this is illegal for a secretary to do, however, I am still required to do it. This puts the district in jeopardy of legal action but what about me? Can my employer tell me to do something that they know is illegal and what position does that put me in by doing it when I am also aware of it being illegal? Please help!!!


Asked on 11/02/06, 12:53 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Attendance in a Committee on Special Education Meeting & Development of an IEP

I don't think this is illegal in the sense it is a crime; rather, it is probably a reference to the requirements that the members of the committee appoint one of their number to take the minutes; I am not sure in what way this could be deemed "illegal." However, if you are not a memeber of the committee you should not be developing any part of the plan. You are not a member of the group authorized by the IDEA to constitute the CSE.

You should ask the director specificslly what he was referring to; if that is it,doing work that you are not qualified to do, you should file a

complaint with the Department of Education or the Department of Labor, if the district will not allow you to cease.

Please feel free to contact me for additional assistance.

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Answered on 11/02/06, 1:51 pm


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