ERIC Number: EJ919345
Record Type: Journal
Publication Date: 2009-Jun
Reference Count: 13
Compensatory Services and Students with Disabilities
Osborne, Allan G., Jr.; Russo, Charles J.
School Business Affairs, v75 n6 p34-36 Jun 2009
Students with disabilities are entitled to a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA). If school officials fail to provide students with a FAPE, the courts may grant appropriate relief. Courts often direct educators to provide students with disabilities with a FAPE and to compensate parents for expenses associated with obtaining the services that their children lost, such as tuition. Courts have also granted awards of compensatory educational services to students whose parents were unable to pay for placements in advance. Judicial awards of compensatory services have extended students' eligibility for years after they graduated or reached the maximum age of eligibility under the IDEA or state laws, have included extra services during academic terms, and have added services during vacation periods. Moreover, as reflected by a case from Georgia, "Draper v. Atlanta Independent School System" (2008), the Eleventh Circuit affirmed that a school board had to place a student in a private school since officials failed to provide him with a FAPE. In light of "Draper", this article reviews compensatory services awards. The first section reviews the types of compensatory services awards that courts have granted, while the second analyzes the Eleventh Circuit's judgment in "Draper". The final substantive section offers suggestions for school business officials and other education leaders who must plan and budget for such awards. The article rounds out with a brief conclusion.
Descriptors: Disabilities, Federal Legislation, Student Rights, Court Litigation, Compensation (Remuneration), Public Schools, Special Education
Association of School Business Officials International (ASBO). 11401 North Shore Drive, Reston, VA 20190. Tel: 866-682-2729; Fax: 703-478-0205; e-mail: email@example.com; Web site: http://www.asbointl.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Location: Georgia
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act