The IDEA Remedies Tour- Part XII (or so) More Compensatory Education

By now you know about my my IDEA Remedies Tour. I spoke in early July at the Seattle University Academy for IDEA Hearing Officers on the topic of compensatory education. Lotsa changes to the remedy of compensatory education. In late July, I presented two sessions at the 16th annual Education Law Conference in Portland, Maine. One of my topics there was the remedy of reimbursement for a unilateral placement. Collectively, I've been amusing myself calling these events my IDEA Remedies Tour, and various other tours illu

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strating that I'd like to be a rock drummer again! The most recent posts concern the meat. or law, of the presentations as opposed to my preferred parts of the conferences, networking, seeing old friends, schmoozing, etc. The last post described the trend toward a qualitative standard for compensatory education. That is a major change in the law, but not all courts have hopped on the bandwagon. For example, in MC ex rel JC v. Central Regional Sch Dist 81 F.3d 389, 23 IDELR 1181 (3d Cir 4/17/1996) The Court adopted a quantitative formula for compensatory education: an award of compensatory education accrues when district knows or reasonably should have known education is not appropriate and continues for the period of deprivation of FAPE, but excludes the period of time reasonably necessary to correct the problem; Neena S by Robert & Jamie S v. School District of Philadelphia 108 LRP 71218 (ED PA 12/19/8)(same); Cumberland Valley Sch. Dist. 106 LRP 20056 (SEA Pa. 2/18/6) (same); Heather D v. Northampton Area Sch Dist 48 IDELR 67 (D. NJ 6/19/7). Court reversed SRO and awarded compensatory education from eighth grade all the way back to first grade. See also, Sch Dist of Philadelphia v. Deborah A ex rel Candiss C 52 IDELR 67 (E.D. Penna 3/24/9); Bakersfield Sch Dist 51 IDELR 142 (SEA Calif 10/22/8)(one hour per week for 12 months); San Benito High Sch Dist 108 LRP 69428 (SEA Calif 11/14/8); Unionville-Chadds Ford Sch Dist 47 IDELR 280 (SEA PA 4/12/7); In Re Student with a Disability 48 IDELR 146 (SEA NM 4/27/7) Elizabethtown Area Sch Dist 50 IDELR 24 (SEA PA 3/25/8); Warwick Sch Dist 107 LRP 10896 (SEA PA 12/1/6); In Re Student with a Disability 106 LRP 65292 (SEA NY 10/31/6); (similar quantitative approaches). For a defense of the quantitative approach and a criticism of the qualitative approach, See Zirkel, Perry, “Compensatory Education under the Individuals with Disabilities Education Act: The Third Circuit's Partially Mis-Leading Position,” 111 Penn State Law Review 879, 901-902 (2006); Available at SSRN:

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