Over the past few weeks, school districts across Massachusetts have been rolling out remote learning plans. Prior to this roll-out, the Department of Elementary and Secondary Education (DESE) had informed school districts that parental consent is NOT required for students to access the instruction. Instead, DESE encouraged districts to inform parents of privacy-related concerns related to online platforms (and to ensure they are COPPA and PPRA compliant).
Despite this, some districts are requiring parents to sign consent and waiver forms before allowing access to virtual instruction.
To be very clear, parents should not be required to waive any legal rights in order to receive instruction and a Free Appropriate Public Education (FAPE).
Before signing any documents related to virtual instruction, you should do the following:
Read all documents requiring parent/student signatures.
Locate any sections requiring waiver of legal rights.
If there is a waiver request:
Respond to the district representative and ask whether consent is required to access services. Also ask for the district’s basis for requiring consent despite a clear directive from DESE not to require affirmative consent.
If you receive a request for consent to change services prior to any remote services beginning, be sure to respond in writing that while you consent—assuming you do—to the provision of those services at this time, you do not consent to any amendment of the IEP and do not waive any rights to compensatory education. For more information about what services schools must provide during school closures, see our post on updated DESE guidance on FAPE.
Forward questionable waiver requests to DESE or a trusted educational advocate or attorney.
If there is not a waiver request (but simply an agreement to an online code of conduct):
It is probably fine to sign the document (as you would a student handbook) unless your child’s disability will prevent him or her from adhering to these expectations. (In that case, either cite the section of the IEP modifying student conduct expectations for your child, or request that the IEP be amended to include this modification.)
Save a copy of the document and your response for your records.
We have also become aware of districts requiring waivers for access to virtual IEP meetings. We will provide some insight on that practice very soon.