Yes. Courts have also awarded compensatory (in-kind) educational services (such as additional special education services, independent tutoring, a summer educational program) to students as a remedy for a district’s past failure to appropriately educate special education students.^[1] This includes compensatory services delivered after the student has become ineligible for special education because of age.^[2] This right to compensatory educational services has been recognized in the Ninth Circuit.^[3]

1. Lester H. v. Gilhool, 916 F.2d 865, 867 (3d Cir. 1990); Burr v. Ambach, 863 F.2d 1071, 1078 (2d Cir. 1988); Miener v. Missouri, 800 F.2d 749, 751 (8th Cir. 1986); Todd v. Andrews, 933 F.2d 1576, 1584 (11th Cir. 1991).[↩]
2. Pihl v. Mass. Dept. of Ed., 9 F.3d 184, 185 (1st Cir. 1994); Jefferson Co. Board of Ed. v. Breen, 853 F.2d 853, 857-58 (11th Cir. 1988).[↩]
3. Parents of Student W. v. Puyallup Sch. Dist. No.3, 31 F.3d 1489, 1496-97 (9th Cir. 1994).[↩]