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(1.51) Are there any limitations to claiming reimbursement or compensatory education in California?

(1.51) Are there any limitations to claiming reimbursement or compensatory education in California?

Yes. California has established a two-year statute of limitations on claims in special education cases. In other words, a claim for compensatory (in-kind) educational services or reimbursement (out-of-pocket tuition or other expenses) can only be made for school district’s violations that occurred within the permissible two-year timeline.[1] In addition, you cannot simply proceed directly into federal court to make a claim for reimbursement or compensatory educational services under IDEA. You must exhaust all administrative remedies (like going to a due process hearing) before filing in federal court. See Chapter 6, Information on Due Process/Compliance Procedures.

  1. Cal. Ed. Code Sec. 56505(l).[]