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(6.69) Is there anything I can do to be reimbursed or compensated for the district’s failure to provide FAPE to my child?

(6.69) Is there anything I can do to be reimbursed or compensated for the district’s failure to provide FAPE to my child?

If a court or ALJ determines that a school district failed to provide your child an appropriate education, it may order reimbursement to you for out-of-pocket expenses (such as private school tuition or support services). [BurlingtonSch. Committee v. Mass. Dept. ofEd., 471 U.S. 359, 105 S.Ct. 1996 (1985); Ash v.Lake Oswego Sch. Dist. No. 7J, 980 F.2d 585, 589 (9th Cir. 1992); W.G. v.Boardof TrusteesofTarget Range Sch. Dist. No.23, 960 F.2d 1479, 1484-85 (9th Cir.

1992).] In the Ninth Circuit, reimbursement is allowed for both “substantive” denials of appropriate education (disagreement over educational services and placement) and for “procedural” denials  (violation of process used to develop the student’s IEP). [Ash, 980 F.2d at 589; TargetRange, 960 F.2d at 1484-85.] See Chapter 4, InformationonIEP Process.