Date Published: Feb 28, 2013
Source: 
Journal of the National Association of Administrative Law Judiciary
Authors: 
Zirkel, P.A.
Volume: 
33
Issue: 
1
Page Numbers: 
214-241

This article analyzes cases in which courts or hearing officers have found that a child has been denied free and appropriate public education. The two most commonly-ordered remedies were reimbursement of tuition, and compensatory education. 

 

The author engages six questions:

 

(1) What is the relative frequency of the various types of FAPE violations?

(2) What is the relative frequency of the various IDEA remedies?

(3) For the most frequent remedies, does the distribution differ markedly between IHO/RO and court decisions?

(4) Do certain states have a particular propensity for the most frequent remedies?

(5) What has been the adjudicative disposition, or outcomes, of these predominant remedies?

(6) Does any other, more qualitative trend emerge as notable?