due process hearings - can I be silent?

[Devil_Dog]

Texas

I'm ordered to attend a due process hearing for special education.
The hearing officer is both judge and jury.

As an employee of the district, i've worked with the student who's parents have scheduled a due process hearing.

What I want to know is if I have the right to be silent? The fifth amendment pertains to criminal cases but what about non-criminal?

The laws in this case are governed by state, federal and local laws as well as administrative rules from the Texas Educational Agency.

As an aide in the school I have information, which if asked, would actually damage our case in defending the district against the parents.

I don't want to say anything. I want to plead the fifth. Do I have that right? How can I protect myself? What about retaliation?

[Ronin]

As an employee of the school district who was summoned to this due process hearing you have a legal and moral obligation to answer any questions truthfully and to the best of your ability. The school will likely have their attorney present, and if any questions are out of line he/she will object if appropriate.

Your rights to not incriminate yourself does not extend to a right to protect your employer from legal liability. The nature of this hearing is such that the questions you are asked will most likely have to be answered.

There is more info at [url]http://www.tea.state.tx.us/special.ed/hearings/[/url]

[You Are Guilty]

If you are in a union, I'd speak to your rep ASAP as that could significantly affect your rights.