What is the remedy for a school district in violation of due process concerning the initial evaluation of a student for a disability?

• A. The school will need to provide compensatory education.
• B. The school district will have required corrective actions and possible fines levied by the state.
• C. The school is required to make appropriate modifications to the student's IEP.
• D. The school could be required to reimburse the family for the cost of private education.

Answer: (B)

The remedy for a school district in violation of due process concerning the initial evaluation of a student for a disability often involves the requirement for corrective actions. This is rooted in the principle that students with disabilities are entitled to a fair evaluation process as mandated by the Individuals with Disabilities Education Act (IDEA). When a school district fails to uphold due process rights during initial evaluations, it can lead to regulatory scrutiny and the requirement for specific corrective actions to address the failure.

Corrective actions can include revisiting the evaluation process to ensure compliance with legal requirements, training staff to better understand and implement evaluation procedures, or instituting policy changes to prevent future violations. Additionally, state educational agencies may impose fines as a way to encourage adherence to special education laws. The focus here is on ensuring that the school district rectifies the violation and aligns its practices with the law to protect student rights and needs.

The other options present remedies that may be applicable under different circumstances, but for a direct violation of due process regarding initial evaluations, the emphasis is rightly placed on the requirement for corrective actions and possible state-imposed penalties.