Individual Accountability for Retaliation

No parent, guardian, student, family member, advocate, or other person shall be subjected to retaliation, intimidation, coercion, interference, harassment, exclusion, or other adverse action by a school employee, administrator, contractor, board member, or other individual acting under authority of a public school or educational agency because that person:

Advocated for a child with a disability;
Requested, participated in, or disputed an IEP, evaluation, Section 504 Plan, placement, accommodation, related service, or other special-education decision;
Filed or intended to file a complaint, grievance, due-process complaint, civil-rights complaint, professional complaint, public-records request, or other lawful report concerning a child’s education or treatment;
Participated in mediation, an investigation, administrative proceeding, court proceeding, or other protected advocacy activity;
Requested records or documentation concerning a child’s education, safety, services, treatment, or school personnel; or
Reported or opposed conduct the individual reasonably believed violated a student’s educational or civil rights.
Personal Accountability

When an individual knowingly, intentionally, maliciously, in bad faith, or with reckless disregard for the protected rights of a student or parent engages in retaliation prohibited by this section, liability shall attach to the individual responsible for the retaliatory conduct and shall not be limited solely to the school district, board of education, educational agency, or other governmental employer.

A person found to have knowingly or intentionally retaliated may be subject to:

Individual civil liability as expressly provided by law;
Compensatory damages for actual harm caused by the retaliation;
Reasonable attorney fees and litigation costs where authorized;
Appropriate injunctive or equitable relief;
Referral to the individual’s professional licensing or certification authority when the conduct implicates professional standards; and
Employment discipline consistent with applicable law and due-process protections.
Interference With Parental Participation

Adverse action taken for the purpose of discouraging, preventing, or substantially interfering with a parent’s lawful participation in their child’s education may constitute retaliation when motivated by the parent’s protected advocacy.

This includes intentionally using one’s professional position or governmental authority to interfere with a parent’s ability to:

Attend or meaningfully participate in IEP or Section 504 proceedings;
Communicate with appropriate educational personnel;
Participate in school activities involving their child when otherwise legally permitted;
Obtain educational records;
Exercise procedural safeguards; or
Pursue lawful complaints, administrative remedies, or judicial remedies.
Knowing Falsehoods or Misuse of Process

Nothing in this section shall prevent a school employee from making a good-faith safety report, mandated report, complaint, police report, or request for judicial protection.

However, knowingly providing materially false information, intentionally omitting material facts for the purpose of creating a misleading allegation, coordinating a knowingly false account, or knowingly misusing an administrative, disciplinary, law-enforcement, or judicial process for the purpose of retaliating against protected educational advocacy may constitute evidence of retaliation under this section.

Good-Faith Protection

No individual shall incur liability merely because a parent disagrees with an educational decision, personnel decision, safety report, mandated report, or other lawful action.

Personal liability under this section requires proof that the individual acted knowingly, intentionally, maliciously, in bad faith, or with reckless disregard for the protected rights of the student or parent.

No Shield Through Employment

An individual shall not avoid accountability for proven intentional retaliation solely because the retaliatory conduct was undertaken while employed by, contracted with, or acting on behalf of a school district or educational agency.

The purpose of this section is to ensure that the financial and institutional consequences of intentional retaliation are not borne exclusively by taxpayers, school districts, or the students the educational system exists to serve.