Pennhurst State School and Hospital v. Halderman

…Supreme Court’s earlier ruling in Pennhurst State School and Hospital v. Halderman (1981). The recovery provision of the IDEA, however, “does not even hint that acceptance of IDEA funds makes a State responsible for reimbursing prevailing parents for services rendered by experts.” Moreover, the court pointed out that, although the…

In Pennhurst State School and Hospital v. Halderman (1981), the court had limited remedies under a spending-clause statute, but that case had involved unintentional violations. The violation in Franklin was intentional and thus did not fall under the earlier ruling. Although some maintained that Title IX…