Whether a school district can condition special education services on a parent's agreement to waive a child's federal statutory and civil rights

QUESTIONS PRESENTED 1. May aschool district condition its provision of special education and related services to a disabled child under the Individuals with Disabilities Educa: tion Act, 20 U.S.C. 1400 et seg. (“IDEA”), on a parent’s agreement to prospectively waive the child’s federal statutory rights and civil rights? 2. What steps must a parent take to invoke procedural safeguards under the IDEA, 20 U.S.C. 1415(£)(1)(B)iv), to void an educational placement and settlement agreement (EPSA), within three days of execution? 3. When an EPSA between a school district and parent (on behalf of a disabled child) states it is governed by state law, is a federal court bound to follow State Supreme Court precedent in deciding whether ; exculpatory provisions in the EPSA waiving the child’s ; prospective rights including state statutory and common law rights, are enforceable? PARTIES Petitioner A.W., appearing on behalf of herself and her minor daughter, N.W., was the plaintiff in the district court proceedings and in the court of appeals proceedings. Respondents, Princeton Public Schools Board of Education and Micki Crisafulli, individually and as director of special education, were the defendants before the district court and in the court of appeals proceedings. Petitioner, N.W., turned 18 during the court of appeals proceedings and appears individually as well as by and through her parent A.W. There are no corporate parties. oo . | : iti RELATED CASES ; . e A.W. olb/o N.W. v. Princeton Public Schs. Bd. of Educ., Docket No. EDS 03738-17, Agency Docket No. 2017-25766, New Jersey Office of Administrative Law. Final decision entered May 17, 2018. ¢ A.W. olb/o N.W. v. Princeton Public Schs. Bd. of Educ., No. 3:17-cv-11432, U.S. District Court for the District of New Jersey (interlocutory appeal ' from agency decision of September 28, 2017 in Docket No. EDS 03738-17). Judgment entered December 14, 2018. ° A.W. o/blo N.W. v. Princeton Public Schs. Bd. of Educ. and Micki Crisafulli, No. 3:18-cv-13973, U.S. : District Court for the District of New Jersey. Judgment entered July 10, 2020. . ¢ A.W. ol/b/o N.W. v. Princeton Public Schs. Bd. of ; Educ. and Micki Crisafulli, Case No. 20-2433. US. Court of Appeals for the Third Circuit. Judgment entered March 15, 2022. , e A.W. ol/blo N.W. v. Princeton Public Schs. Bd. of , Educ. and Micki Crisafulli, Case No. 21-1502. US. Court of Appeals for the Third Circuit. Judgment entered March 15, 2022. ; ; iv