May 13
Composition Creativity Desk Education

NJ To Schools: You Can’t Make Parents Promise Not To Sue Before Offering Special Education

On May 1, the Huffington Post reported on New Jersey guidance forbidding districts from requiring parents of students with disabilities to sign waivers before receiving services during COVID-19, citing Paul O’Neill’s op-ed on the topic. 

After HuffPost reported that some school districts in New Jersey had been forcing students with disabilities to sign waivers promising not to sue before providing them with services, the state has issued a memo saying such practices are illegal, violating the Individuals with Disabilities Education Act and state Department of Education regulations.

“A key right guaranteed by both the IDEA and the state’s regulations is the right to disagree with a school district’s determination or action concerning the educational program of a student with a disability,” notes the memo, issued Thursday.

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