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(6.70) What if the district failed to provide FAPE for a period of time and I did not purchase alternate educational services? Do I still have a remedy?

(6.70) What if the district failed to provide FAPE for a period of time and I did not purchase alternate educational services? Do I still have a remedy?

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. [LesterH. v. Gilhool, 916 F.2d 865, 867 (3d Cir. 1990); Burrv. 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).] This includes compensatory services delivered after the student has become ineligible for special education because of age. [Pihl v.Mass. Dept.of Ed., 9 F.3d 184, 185 (1st Cir. 1994); JeffersonCo. BoardofEd.v.Breen, 853 F.2d 853, 857-58 (11th Cir. 1988).] This right to compensatory educational services has been recognized in the Ninth Circuit. [Parents of Student W.v. Puyallup Sch.Dist. No.3, 31 F.3d 1489, 1496-97 (9th Cir. 1994).]