On April 30, 2020, the New Jersey Department of Education (NJ DOE) prohibited public school districts from requiring parents or guardians of students with disabilities to sign a waiver of legal rights for remote delivery of special education instruction and related services during the COVID-19 Pandemic.
In the typical scenario, a school district will approach the parents or guardians of a disabled student and require them to sign a waiver of their present and future rights as condition for the student to receive remote or virtual instruction and services.
The memorandum issued by the NJ DOE clarified that these practices are illegal and prohibited under the Individuals With Disabilities Education Act and New Jersey's implementing regulations. Indeed, the memorandum bolstered parental and student rights by stating that the IEP team, which includes parents, must make an individual determination of whether a disabled student needs compensatory education due to a regression of skills and learning during the Pandemic.
The procedural and substantive protections under the IDEA for disabled students and their parents cannot be waived. NJ school districts asking parents to sign waivers of legal rights to obtain remote special education instruction and related services during the Pandemic are breaking the law.
If you have been asked to sign a waiver of rights to obtain virtual instruction, please contact the Law Office of Joseph D. Castellucci, Jr. today. We possess decades of experience in handling all school law and special education matters. We are a boutique law firm practicing in Morristown, New Jersey with a focus on providing our clients with personalized and compassionate representation with driven results. Contact our office today to schedule a consultation: (973) 285-3253.