Posted May 14, 2020
Can school districts require parents/guardians to sign waivers or consent forms to receive remote or virtual special education and related services?
No. Implementation of services in an IEP cannot be conditioned upon a waiver or consent form. The NJDOE recently issued guidance that the IDEA and its regulations do not require or allow for waivers in order to receive services in an IEP. Section 504 and waivers for student confidentiality are not included. As equal members of the IEP team, however, parents can deny telepractice and accept services in another manner.
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