Can The School Require Me To Waive Liability?

Can a public school require you to release them from any liability in order for your child to attend school? Probably not.

First, courts do not enforce contracts that waive gross negligence, recklessness, or intentional conduct.

Second, while Massachusetts courts have never ruled directly on this issue, they have hinted that it is against public policy to require a wavier of negligence in order for a child to attend public school.

Third, there is some question whether a parent's signature can waive a minor child's right to sue, although the recent trend in the Massachusetts judiciary seems to allow parents to waive a minor's right to sue, at least for extracurricular activities.

The takeaway - read over those beginning of the year forms carefully. If you have any questions, contact the Boston area education law practice of Lillian E. Wong.

Due Process Hearings - National Trend

The latest National Assessment of IDEA (the Individuals with Disabilities Education Act) reveals that the number of due process hearing requests stayed the same from 2003 until 2008, but the number of requests that actually proceeded to hearing declined sharply, by more than fifty percent.

Why this change? Are parents and schools better able to settle disputes before resorting to a hearing? Or are parents and schools just not able to afford the cost of litigation?

Whatever the reason, it is important for parents to understand that most disputes, nationally and in Massachusetts, do not result in a hearing decision. Learn more about special education dispute resolution options in Massachusetts here.

If you are in a dispute with your child's school district and considering filing a due process request, contact Boston area special education lawyer Lillian E. Wong today.