In a memorandum issued April 30, 2020, the New Jersey Department of Education (“NJDOE”) set forth that it has become aware of instances in which school districts are requiring parents or guardians to waive certain legal rights or give written consent for services as a condition for receipt of special education or related services. In its memorandum, the NJDOE expressly stated that these practices violate the Individuals with Disabilities Education Act (IDEA) and NJDOE regulations and that requiring the execution of a waiver or release of present or future claims as a condition to implement a student’s IEP is prohibited.

Click here to access the memorandum dated April 30, 2020 issued by the New Jersey’Department of Education regarding Parental Waivers for the Delivery of Remote or Virtual Special Education and Related Services.