Compensatory Education and Back to School after COVID-19

Wednesday, August 11, 2021

By Karem Castane-Blanco

As parents and students prepare for the upcoming school year, many may be wondering about services and instruction that was missed during the 2020-2021 school year. Families and school districts were faced with many challenges that may have affected a student’s ability to receive some services and instruction. Although we are starting a new school year, it important to ensure that any gaps resulting from missed services or instruction resulting in a failure to implement a student’s individual educational plan (IEP) are addressed. You might ask yourself, “How do I know if my child has any academic gaps, and how can I fix it?”

One option is requesting compensatory education. Compensatory education is a way for a student to receive educational services due to a failure to provide a free and appropriate public education (FAPE) to a student with a disability. Compensatory education is designed to put a student in the place they would have been had the student not been deprived of their special education and related services:

• It is given beyond the regular school day;
• It does not replace the student’s required services;
• It is an equitable remedy to remediate the student’s loss of FAPE; and
• Is not meant to simply punish a school district.

Compensatory education does not require bad faith or gross negligence on behalf of the school. Therefore, missed special education or related services as a result of COVID-19 closures, distance learning that was inadequate to provide meaningful educational progress, or other special circumstances may entitle a student to compensatory education. Compensatory education can be requested through an advocacy letter and any denials should be requested in writing.

It is important to note that awards of compensatory education for special education and services missed because of the pandemic are not automatic. They are evaluated on an individual basis and look at various factors such as the actual loss of services and the student’s present levels of performance, progress, and/or regression. Also, compensatory education is not always awarded minute-for-minute of services missed but is often based on the totality of the educational benefit that was lost. If you believe your child may be entitled to compensatory education, here are suggestions on how you can prepare for discussing with the IEP team.

• Document any missed sessions, services, or issues that arose last school year.
• Communicate with teachers and service providers to understand how services were delivered and data was tracked.
• Ask for progress reports.
• Test your child at home for progress or regression.
• Ask for data of where your child was functioning and where he/she is now.
• Due to COVID-19, school closures and distance learning services have been provided differently. Video or audio recording your child working periodically can help provide a record of any progression or regression for discussion. (Do not record your child during distance learning without the consent of the school.)

We hope you find this information helpful. If you are unsuccessful in requesting compensatory education for your child, please request the denial in writing and then contact Disability Rights Florida at 800-342-0823 or using our online intake system.