Sadly, many special needs children suffer through years of educational neglect in their public school districts. Compensatory education is an important remedy for such students. It gives them a bank of hours to use, at District expense, for private tutoring, online courses, computers and other educational purposes. In a new case called G.L. v. Ligonier Valley School District Authority, the Third Circuit Court of Appeals ruled there is no limit to the amount of compensatory education a hearing officer may award a deserving child.

In G.L., the District delayed for several years before evaluating the student for special education. Then, instead of helping the child, the administration sought to expel him on residency grounds. Students, administrators and teachers bullied the student for his disabilities. In finding for the parents, the court emphasized that, when a District fails to educate a special needs child:

“ . . . [he or she] is entitled to be made whole with nothing less than a “complete” remedy. Compensatory education is crucial to achieve that goal, and the courts, in the exercise of their broad discretion, may award [remedial education] to whatever extent necessary to make up for the child's lost progress and to restore the child to the educational path he or she would have traveled but for the deprivation.” (Emphasis added).

This is a great victory for parents of special education children. Please contact my office to see if your child has a case for compensatory education.”