Damages liability in special education cases

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I. Introduction

School district officials know that if they are found to have violated the special education laws, their districts may be liable for tuition reimbursement and compensatory education to

children with disabilities who have been harmed by the violations. They often fear, however, that their actions may expose the districts or the officials themselves to liability for compensatory damages above tuition reimbursement or compensatory services costs. Compensatory damages provide relief for pain and suffering, humiliation, and other physical or psychic harms. Damages of that kind may escalate beyond predictable limits and should make administrators concerned about how to protect themselves, their districts, and their employees. There is no simple way to determine what conduct of school personnel might trigger compensatory damages liability and how to avoid those actions. It is possible, nevertheless, to examine factual situations in which courts have ruled in favor of or against claims for damages. The task is not an easy one. There have been great variations from court to court, even on cases with similar facts, about when compensatory damages liability exists. This Article discusses factual situations in which compensatory damages liability has been accepted or rejected in special education cases and then considers defenses that may bar liability even when it would otherwise exist.