Understanding Compensatory Education: A Guide for Parents
As a Special Education Director, one of my key responsibilities is to ensure that students receive the educational services they are entitled to under their Individualized Education Program (IEP). However, there are instances when these services are not fully delivered, leading to learning or service loss. This is where Compensatory Education comes into play, offering a vital recourse for parents and students.
What is Compensatory Education?
Compensatory Education, often referred to as "Comp Ed," is a provision by which a school district provides additional services and supports to a student when it has failed to create or implement an appropriate IEP. These services are in addition to what is already outlined in the IEP and aim to help the student reach the educational milestones they would have achieved if the IEP had been properly followed.
Identifying the Need for Compensatory Education
If you answer "yes" to any of the following questions, you may want to consider requesting Compensatory Education:
- Is your child not receiving one or more services outlined in their IEP?
- Are your child's teachers or staff lacking the appropriate credentials?
- Have there been delays in starting any IEP services for your child?
- Is your child not receiving the necessary support to achieve the goals outlined in the IEP?
Documenting Learning or Service Loss
To address learning or service loss, it's crucial to document any discrepancies. Request service logs from your child's teacher, and keep your own records of any concerns or evidence of lost learning or services. An Independent Educational Evaluation (IEE) can also be beneficial, as it may demonstrate whether your child would have made more progress with the appropriate services and supports.
Eligibility and Requesting Compensatory Education
Your child may be eligible for Compensatory Education if their IEP was not properly implemented. This includes instances where they received fewer service minutes than outlined, services were provided by unqualified professionals, or there were delays in service initiation. You can request an IEP meeting at any time to discuss Compensatory Education. Alternatively, reach out to your child's special education Case Manager, Principal, or Special Education Supervisor.
Award of Compensatory Education
The amount of Compensatory Education awarded can vary and is often a matter of negotiation. You have the right to advocate for what you believe your child deserves to compensate for the learning loss. The awarded services may differ from those that were initially missed; the goal is to address the academic or service loss effectively.
Types of Services
Compensatory Education can include a wide range of services, such as:
- Academic services and supports, including tutoring
- Related services like speech, occupational therapy (OT), physical therapy (PT), and counseling
- Behavioral services and supports
- Assistive technology
These services can be provided by the school district, contracted outside providers, independent providers, or, in some cases, parents may receive monetary reimbursement for services.
Student's Rights and Procedural Safeguards
Students have the right to receive Compensatory Education if there has been a loss due to the IEP not being followed. If you need support in requesting or negotiating Compensatory Education, there are several options available, including mediation, Alternative Dispute Resolution, filing a Due Process complaint, or even a state complaint or lawsuit. Engaging a special education advocate or attorney may also be beneficial.
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