Do not sign a waiver of claims.
Some school districts have been requiring parents to sign waivers prior to the provision of special education and/or related services. The New Jersey Department of Education has issued a memo [1] which they declared in no uncertain terms 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.”
Parents should be part of the process to determine compensatory services.
This memo also makes clear that “the need for compensatory services is an individual determination made by the student’s IEP team, which includes the student’s parent(s)/guardian(s).” We note this because some of our clients have been advising us that the Districts are telling them that the child study team, which does not include the parents, will be determining the need for compensatory services.
TIP: Keep track of missed sessions, and sessions that are not effective. Even notes on a paper calendar or google calendar can be useful in keeping track.
As always, if you have any questions, please call or e-mail us.
