Compensatory Education for Idea Violations: The Silly Putty of Remedies

Abstract

Working with Silly Putty is a little like doing equity. It is flexible and can take on many shapes. It can be imprinted with the specific shape or picture desired. But if left out instead of kept within the boundaries of its custom-designed egg, it becomes brittle and breaks. When a child with a disability has been denied the special education services that the Individuals with Disabilities Education Act (IDEA) promises, the use of compensatory education is often part of an equitable remedy. Courts have struggled a bit to set standards for such awards without sacrificing the individual focus on the child that is central to IDEA. This article surveys the approaches to compensatory education awards and suggests a calibrated cabining to maintain a malleable and just remedy.