Posts Tagged: Third Circuit

IDEA Claim Waivers: Have I Given Up My Rights?

IDEA-Claim-Waivers

You might be wondering whether an IDEA claim waiver you made in the past is legally binding in court. This very issue came up in the case of W.B. v Matula, an influential 1995 Third Circuit decision that has been cited in nearly 500 cases. Specifically, the case dealt with whether a waiver of claims in a settlement agreement was sufficiently clear that the courts would enforce it. The Matula court held that for a waiver of IDEA rights in a settlement to be legally binding, the agreement has to be clear and specific, as well as voluntary, deliberate and informed.
The facts in the case are straightforward. W.B. was the parent of a child, E.J., who exhibit…

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