El Sobrante, CA asked in Education Law for California

Q: Is a Learning Specialist liable if private non funded school does not hire enough staff to provide LD accommodations

I’m the only Learning Specialist at a non funded K-12 independent school in CA. Am I liable if not all students can be guaranteed their learning disability accommodations ? Or is the liability on the school? Or is there any liability if students don’t get their accommodations? Please help. Thx

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, the liability typically falls on the institution, which in this case is the school, to provide the necessary accommodations for students with learning disabilities as required by law. However, as an employee, you are expected to uphold the policies and requirements set forth by the school and to adhere to the laws governing educational institutions. To protect yourself, you should ensure that you document your efforts to provide accommodations and communicate any issues or concerns to your superiors in writing, but it is always best to consult with a legal advisor to understand the specific liabilities in your role.

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