Understanding Compensatory Education: A Guide for Parents and Guardians
In the realm of special education, ensuring that every child receives the services and supports outlined in their Individualized Education Program (IEP) is paramount. However, there are instances where a school district may fall short in implementing an IEP appropriately. This is where Compensatory Education, or "Comp Ed," comes into play.
What is Compensatory Education?
Compensatory Education is a provision offered by a school district to provide additional services and supports when there has been a failure to create or implement an appropriate IEP. These services are in addition to what is already outlined in the IEP. The goal is to help students progress to where they would have been if the IEP had been followed correctly.
Eligibility for Compensatory Education
Your child may be eligible for Compensatory Education if:
- They are not receiving one or more services in their IEP.
- Their teacher or staff lacks the appropriate credentials.
- There are delays in starting any IEP services.
- They are not receiving the necessary support to achieve the goals outlined in the IEP.
Documenting Learning or Service Loss
Compensatory Education addresses the loss of learning or services due to the school district's failure to follow the IEP or 504 plan. To document this, parents can:
- Request service logs from the child's teacher.
- Document their own concerns or evidence of learning or service loss.
- Request an Independent Educational Evaluation (IEE) to assess the potential progress lost due to missing services.
Requesting Compensatory Education
Parents can call an IEP meeting at any time to request Compensatory Education. They can also reach out to the child's special education Case Manager, Principal, or Special Education Supervisor. In California, parents have two years to request Compensatory Education for district violations. Compensatory Education is often awarded through due process, mediation/alternative dispute resolution (ADR), or state compliance complaints.
Award of Compensatory Education
The amount of Compensatory Education awarded can vary and is often a negotiation. Parents have the right to express what they believe their child deserves to make up for the learning loss. The awarded services may differ from the missing services and aim to address the academic or service loss resulting from the IEP not being properly followed.
Types of Services
Compensatory Education can include various services such as:
- Academic services and supports, including tutoring.
- Related services like speech therapy, occupational therapy (OT), physical therapy (PT), and counseling.
- Behavioral services and supports.
- Assistive technology.
These services could be provided by the school district, outside providers contracted with the school district, independent outside 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 services if there has been learning or service loss due to an IEP not being followed. Parents seeking support can contact Support for Families, engage in mediation or Alternative Dispute Resolution, file Due Process, or even file a state complaint or lawsuit. Hiring a special education advocate or attorney is also an option.
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