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

(6.71) 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. A claim for compensatory educational services or reimbursement must be made within two years from when the district’s violations occurred. [Cal. Ed. Code Sec. 56505(l)]

In addition, you cannot simply proceed directly into court to make a claim for reimbursement or compensatory educational services under IDEA. In most cases, you must first make these claims in an administrative due process hearing. [Hoeft v. TucsonUnifiedSch. Dist., 967 F.2d 1298, 1303 (9th Cir. 1992); Doe byBrockhuis v. Arizona Dept.of Ed., 111 F.3d 678, 682 (9th Cir. 1997).] In some instances, it is enough to file and “exhaust” your available administrative remedies by first filing a compliance complaint with CDE. [Christopher S.v. Stanislaus, 384 F.3d 1205, 1207 (9th Cir. 2004).]