Some New Jersey schools have been forcing students with disabilities to sign waivers promising not to sue the district before giving them access to special education services, HuffPost has learned.
Districts and employees worry that they can be held legally accountable for failing to fulfill a student’s IEP, or if a child gets hurt performing physical or occupational therapy activities without employees’ in-person supervision. “No parents should be asked to give up any rights or claims they may have in exchange for receiving constitutionally required educational services,” said Elizabeth Athos, senior attorney with the Education Law Center.
An Machado Law Group attorney defended the forms in a letter to the New Jersey Department of Education and the governor’s office in early April, after disability rights groups raised the issue. The letter notes that the firm represents approximately 30 districts across the state of New Jersey and that they have already negotiated several waivers with families.
However, attorneys worry that parents who eventually take issue with the level of compensatory services offered to their children after schools reopen may find themselves in a bind. actively monitoring this situation to ensure that all students receive the services they need in a safe and comprehensive manner.”