How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19129
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I am licensed as a mental health counselor in the State of

This answer was rated:

I am licensed as a mental health counselor in the State of Florida. I am also certified as a behavior analyst. I work for a school system. If a child has an IEP under the ESE program and I warn the school the child is a danger to others if allowed to return to school--if the IEP team overrides my vote and allows the child to return to school--am I liable if/when the child hurts someone? Also--should I decline from being listed as a service provider on the child's IEP due to my concern? Or--to say it better...if I am listed as a service provider on the IEP--(such as providing behavior services) am I liable when the child hurts someone even though I will sign a statement indicating my disagreement with the IEP team decision in that the child is allowed to be on a school campus. 

Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


I am licensed as a mental health counselor in the State of Florida. I am also certified as a behavior analyst. I work for a school system. If a child has an IEP under the ESE program and I warn the school the child is a danger to others if allowed to return to school--if the IEP team overrides my vote and allows the child to return to school--am I liable if/when the child hurts someone?



Response 1: No, you would not be liable.



Also--should I decline from being listed as a service provider on the child's IEP due to my concern?




Response 2: No, you should not.


Or--to say it better...if I am listed as a service provider on the IEP--(such as providing behavior services) am I liable when the child hurts someone even though I will sign a statement indicating my disagreement with the IEP team decision in that the child is allowed to be on a school campus.




Response 3: No, you are not so long as you document all your communication and misgivings regarding the case.
Phillips Esq. and 9 other Legal Specialists are ready to help you