Editor’s Note: Recently, I was contacted by a teacher who had reported to authorities that students with disabilities were being abused in the school setting.  Following the reporting, this teacher was dismissed from the teaching position.

Protections for People who Advocate for Children

There are many protections for people who experience retaliation when opposing wrong-doings, including whistleblower protections.  But in this situation, I want to discuss the extra protections that are given to people who are advocating for children or adults with disabilities.

People who advocate for children or adults with disabilities are specifically protected by the Americans with Disabilities Act (the ADA), including when it happens in schools.  The ADA prohibits retaliation/coercion against any individual who has “aided…any other individual…in the exercise of any right granted under the ADA. “

In fact, the teacher who contacted me is not the first teacher to tell me of the problems that occurred when they went against their school to advocate for a student.  It’s important for families to understand the pressure that school staff experience when they go against their administration or school board. There can be subtle pressures, like withholding of needed materials, and assignment to unpleasant tasks. And there can be serious consequences against a teacher’s job, and their standing in the community, even their children in the school.

Individuals who were retaliated against when they advocated for a disabled person’s rights, their own or someone else’s, can file a complaint with the United States Department of Justice.  Please see the information below to learn more about the ADA and retaliation.

More Information: