One at One: Waivers to Receive Remote Special Education

Today’s Issue:

Can school districts require parents/guardians to sign waivers or consent forms to receive remote or virtual special education and related services?

Answer:

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.

Resources:

https://www.nj.gov/education/broadcasts/2020/apr/30/Parental%20Waivers%20for%20the%20Delivery%20of%20Remote%20or%20Virtual%20Special%20Education%20and%20Related%20Services.pdf

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Senior Associate

This post is for informational purposes only and should not be construed as legal advice.