Ensuring Appropriate Education: Emerging Remedies, Litigation, Compensation, and Other Legal Considerations

Antonis Katsiyannis, John W. Maag

Research output: Contribution to journalArticle

4 Scopus citations

Abstract

The Individuals with Disabilities Education Act (IDEA) provides procedural and substantive educational rights to ensure a free appropriate public education (FAPE) to qualified people with disabilities. As a result of this Act, parents have been successful in receiving various remedies for violations that inhibit a student's right to FAPE. This article examines traditional remedies, such as reimbursement for residential placements, related services, and legal fees, with an added emphasis on the increasingly used remedy of compensatory education and the potential for the award of monetary damages. Compensatory education has been established as a bona fide remedy, and the award of monetary damages is appropriate given legislative mandates and judiciary holdings.

Original languageEnglish (US)
Pages (from-to)451-462
Number of pages12
JournalExceptional Children
Volume63
Issue number4
DOIs
StatePublished - 1997

ASJC Scopus subject areas

  • Education
  • Developmental and Educational Psychology

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