Definition: Damages in Civil Court Proceedings in Special Education: Damages refers to the award given to the prevailing party in a civil court proceeding regarding a special education child with a disability. As a result of the court action, the prevailing party receives financial compensation for losses losses incurred because of legal violations or negligence of the school district or other public agency being sued.
Monetary damages are not typically awarded to parents who prevail in an IDEA http://learningdisabilities.about.com/od/disabilitylaws/a/formalcomplaint.htm] or complaints. Instead, awards are typically in the form of services to a child such as compensatory education, remedial services, or compensatory related services such as speech, occupational, or physical therapy.
Examples:
Parents must exhaust administrative remedies before suing a school district in civil court over special education violations in attempt to collect damages.
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