Compensatory Damages Are Not Available Under IDEA

In Doe v. Westerville City School District, 51 IDELR 245 (S.D. Ohio 2009), the plaintiffs initiated a case alleging that for the school year commencing in 2002-2003 through and including the 2006-2007 school year, Defendants violated the IDEIA by failing to provide a FAPE for John Doe, Jr. and by failing to create and follow an IEP that provided instruction premised on scientifically based reading research in violation of NCLB. The Plaintiff requested a jury trial and sought both equitable relief and compensation damages. The U.S. District Court determined the Plaintiffs were limited to the remedies available under the IDEA for violations of the law (e.g. funds to reimburse parents for expenses on special education that a school board should have, but did not provide) and could not seek compensatory damages, including damages for emotional injuries. There was no right to a jury trial in a case alleging IDEA violations and there was no private right of action under the NCLB Act.