EducationLawyers.com Guide to Compensatory Education for Parents of Children with Disabilities

Compensatory education is a remedy that can be awarded to parents when a school district violates the special education laws. This type of relief is provided to a student as educational compensation for the services that the student should have received but did not. The aim is to give the student the education that they should have received and are entitled to.

What is compensatory education?

Compensatory education is a remedy that may be awarded to students with disabilities when a school district violates special education laws. The goal of compensatory education is to provide the student with the education and services they should have received, but did not. This can include services like speech therapy, occupational therapy, tutoring, or other specialized instruction.

Compensatory education is typically awarded as a result of a due process hearing or a court case in which the school district is found to have denied the student a free and appropriate public education (FAPE). The amount and type of compensatory education awarded varies depending on the specific circumstances of the case, and can be determined through a qualitative or quantitative method.

In general, courts have expressed a preference for a qualitative method of calculating compensatory educational awards, which takes into account the educational harm done to the student by the denial of a FAPE. This method seeks to provide the student with the education and services that they need in order to make up for the educational opportunities that they missed as a result of the school district's failure to provide appropriate services.

It's important for parents to understand that compensatory education is not a guarantee, and is typically awarded only in cases where the student has suffered a significant loss of educational opportunities as a result of the school district's failure to provide appropriate services. However, if a parent believes that their child is not receiving the special education services they need, they should speak with the school district and seek help from an experienced special education attorney to determine if compensatory education may be a viable remedy.

When is compensatory education awarded?

Compensatory education may be awarded when a school district is found to have violated a student's rights under the Individuals with Disabilities Education Act (IDEA). In other words, if the school district fails to provide a student with a free and appropriate public education (FAPE) as required by law, and this failure causes the student to suffer educational harm, the student may be entitled to compensatory education.

The specific circumstances in which compensatory education may be awarded can vary depending on the facts of the case. For example, compensatory education may be appropriate when a school district fails to provide a student with an appropriate Individualized Education Program (IEP), fails to provide required services or accommodations, or otherwise fails to comply with the procedural or substantive requirements of the IDEA.

Courts and hearing officers have broad discretion in awarding compensatory education, and the remedy can take many different forms. In some cases, the remedy may involve additional special education services or accommodations. In other cases, it may involve additional instructional time or tutoring to address academic deficiencies caused by the school district's failure to provide a FAPE. The specific remedy will depend on the nature and extent of the educational harm suffered by the student.

In some cases, a compensatory education award may be provided in the form of a fund of money that can be used to further the student's IEP. However, it is important to remember that the money is intended to support the IEP, not supplant it. This means that the school district still has a duty to pay for and provide the specific services outlined in the student's IEP, even if the compensatory education award is in the form of a fund of money.

It is important to note that compensatory education is not a form of monetary damages. Rather, it is an educational remedy that is designed to address the educational harm suffered by the student as a result of the school district's failure to provide a FAPE. As such, parents and students should work with their attorneys to determine the appropriate remedy and to ensure that the student's rights are protected throughout the legal process.

Overall, compensatory education is a powerful remedy that can help ensure that students with disabilities receive the educational services and accommodations they need to succeed. If you believe that your child's school district has violated his or her rights under the IDEA, it is important to consult with an experienced special education attorney to determine whether compensatory education may be appropriate in your case.

How is the amount of compensatory education determined?

The amount of compensatory education that a student may receive is determined on a case-by-case basis and is designed to address the specific educational harm done to the student by the denial of a free and appropriate public education. The determination of the amount of compensatory education may take into account a variety of factors, including the student's individual needs, the extent of the denial of FAPE, and the cost of providing the necessary services.

Courts have expressed a preference for a qualitative approach to calculating compensatory education awards, which means that the focus is on the quality of the education that the student should have received but did not, rather than a quantitative approach, which would simply measure the amount of time or services that were missed. This qualitative approach is intended to provide the student with the education they should have received in the first place, rather than simply providing a certain number of hours or sessions of services.

In some cases, compensatory education may take the form of a fund of money that can be used to further the student's IEP goals. However, it is important to note that this money is intended to support, not supplant, the services that the school district is required to provide under the student's IEP. The school district still has a duty to pay for and provide the specific services identified in the student's IEP, and the compensatory education funds are intended to be used to provide additional services to help the student catch up to where they should be in their education.

Overall, the determination of the amount of compensatory education that a student may receive is a complex and individualized process that is dependent on the specific circumstances of each case. It is important for parents and students to work with an experienced special education attorney who can help guide them through the process of seeking compensatory education and ensure that they receive the education to which they are entitled under the law.

Who is eligible for compensatory education?

Compensatory education is typically awarded to students with disabilities who have experienced a denial of a free and appropriate public education (FAPE) due to a violation of their rights under special education law. In general, students who have been denied or delayed in receiving necessary special education services and have suffered harm as a result may be eligible for compensatory education.

In order to determine eligibility, parents should work with their child's school district to review the student's Individualized Education Program (IEP) and assess whether the district has failed to provide the services specified in the IEP. If a violation is found, the district may be required to provide compensatory education to the student to address the harm caused by the denial of those services.

It's important to note that the specific criteria for determining eligibility for compensatory education may vary depending on the state and the circumstances of the case. However, in general, students who have suffered harm as a result of a school district's failure to provide necessary special education services are eligible to receive compensatory education as a remedy for the violation of their rights.

How is compensatory education provided?

Compensatory education can take on different forms, depending on the needs of the student and the severity of the violation. This may include additional instructional time, specialized services, equipment, or materials. In some cases, it may involve additional services provided by the school district or an outside provider, while in other cases, it may involve a monetary award to the parents, which can be held in trust for the student's educational benefit or held by the school and debited upon proof of payments. However, it is important to keep in mind that the goal of compensatory education is to remedy the harm caused by the denial of a free and appropriate public education, with a focus on meeting the educational needs of the student. It is worth noting that compensatory education often reverts back to the district upon the child's 21st birthday. It is always advisable to consult with a special education attorney to ensure that the proper steps are taken to obtain any compensatory education to which the student may be entitled.

Can parents request compensatory education?

Yes, parents can request compensatory education if they believe that their child has been denied a free and appropriate public education due to a school district's failure to provide necessary services. If a parent believes that their child has been denied a FAPE, they can request a due process hearing and request compensatory education as a remedy. Parents can also work with an advocate or attorney to help them navigate the process and advocate for their child's rights. It is important for parents to understand their child's rights under special education law and to take action if they believe that those rights have been violated.