What are Some Remedies for Violations in IDEA Cases?
When there is a violation of a student’s rights under the IDEA, what remedies are available? How can the situation be “fixed”? Sometimes, it takes collaboration and other times, it takes creativity in order to provide a remedy that is appropriate in each given circumstance.
Whether you file for a Due Process hearing or you find yourself in settlement discussions with your child’s school, it’s important to be aware of some of the remedies available to you. In this episode, we discuss examples of remedies that we’ve come across in our experiences as special education lawyers.
What We Discuss in This Episode:
- What is compensatory education and what are the different types?
- If the harm suffered by the child is difficult to quantify, how can the compensatory calculations be made?
- How can an expert help in determining remedy calculations?
- It’s important to determine the level of violation but just as important is determining the needs of the child in order to determine the remedy
- What are the two things to look for in a successful settlement?
- What can you include in your settlement agreement?
- What happens in informal meetings?
- Why it’s important to target the root of the problem when submitting Complaints
- Is Alternative Dispute Resolution right for you?
- Make sure the settlement agreement is crystal clear and includes all of the material information
Thank you for listening!
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This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.