Abstract
Congress enacted the IDEA to ensure that all children with disabilities have the right to receive a FAPE, and provided federal assistance to states in order to ensure they have the resources to protect this right. Congress did not provide, however, that compensatory damage awards are available under the IDEA, nor did they suggest that such an award would promote the goal of providing FAPEs to all disabled children. Any implication that such a remedy is available to redress a denial of a FAPE is an affront to what Congress hoped the IDEA would provide to disabled children. As Sellers made clear, awarding monetary relief to prevailing parents comes at a cost to other disabled children because it forces school districts to divert their limited resources away from providing services to those in need and reserve them for parents challenging their children's FAPEs.
Recommended Citation
Hamilton, Angela
(2001)
"Damage Control: Promoting the Goals of the Individuals with Disabilities Education Act by Foreclosing Compensatory Damage Awards,"
Utah Law Review: Vol. 2001:
No.
3, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol2001/iss3/2