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Civil jury trial in which parents of a student who was diagnosed with a learning disability in 4th grade sued the school and school personnel due to the sons teacher refusing to follow the accommodations and modifications listed on their sons IEP. The parents sued Mr. Withers (the sons high school history teacher), the superintendent of Taylor County School Corporation, the principal of the high school (Grafton High School), and Taylor County Board of education.

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Plaintiffs:
Robert Devart (Father)
Virginia Devart (Mother)
Douglas Devart (Son, age 16/student, diagnosed with a learning disability in 4th grade

Defendants:
Michael Withers (History Teacher)
Greg Cartwright (Principal)
Wendall Teets (Superintendent)
Taylor County Board of Education

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This 1992 special education case brought into question if teachers should be subjected to legal consequences if they chose not to follow the accommodations and or services in a students IEP, therefore making the case a landmark case in special education.

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The courts ruled that the student was deprived from his civil rights of FAPE and as a result both the teacher and the school were sued. The teacher was held liable for $5,000 in compensatory damages as well as an additional $10,000 in punitive damages for refusing to follow the student's IEP.

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Doe v. Withers, the first special education jury trial as well as the first special education dollar damages case, paved way for the following cases, W.B. v Matula, and Witte v Clark County in regards to IDEA and free and APPROPRIATE public education.

Doe v. Withers stood for two noteworthy legal proportions. One being that schools and teachers will be held accountable for refusing or not following the student's IEP and the second being that schools as well as teachers can be sued for dollar damages in jury trials.

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Mr. Withers, Douglas's high school History teacher went against the concept of free, appropriate public education and therefore led to Douglas failing his class as well as being suspended from athletics.

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Thousand, J. (n.d.). Laws related to special education that affect teachers - CSUSM. Retrieved February 12, 2022, from https://lynx.csusm.edu/coe/ArchiveSyllabi/Fall2004/EDUC.350Law&Diversity.pdf

Zirkel, P. A. (2019, March 1). BYU article on Monetary Liability of Public School Employees. Retrieved February 12, 2022, from https://perryzirkel.files.wordpress.com/2019/06/byu-article-on-monetary-liability-of-public-school-employees.pdf