With the school closures and distance learning, is my child entitled to compensatory services?

The simple answer to the first question: If your child is on an IEP and doesn’t receive the services on an IEP, they frequently have to be made up. Those make up services are compensatory services.

The second answer is much harder: It depends.

Here’s a look into what compensatory services are, and if they might apply. Federal and state laws support Free and Appropriate Education (FAPE) for students with Individual Education Plans (IEP). If a student with an IEP has been denied their services (or related services) because of denial of FAPE, the IEP team has to consider compensatory services.

Some examples of denial of FAPE:

  • A student is expelled or suspended for more than 10 days (total or consecutive) and did not receive IEP services during that time.
  • A service provider is absent on a regular basis.
  • Student is excessively absent to their disability.

If you believe your student is being denied services due to distance learning, what should you do?

  • Let the school know you are concerned. It is a difficult time for everyone. There’s no roadmap. Help them out with an email to the team, and tell them what you think is being missed.