What is Compensatory Education and How Do I Get It?

One of the most frequent questions we get is “what is comp ed?”, or “what is compensatory education?”

Compensatory Education refers to the “compensation” of a student for special education services not provided by a school district. The amount of compensation is typically calculated as a number of hours. A student’s IEP works a bit like a contract between the student and a school district. The IEP is supposed to provide appropriate educational services and supports to address the student’s disabilities. So compensatory education may be appropriate if the school district did not follow the IEP. Similarly, compensatory claims may be possible if the IEP is not appropriate for the student.

HOW IS COMPENSATORY EDUCATION CALCULATED?

A fund of money is typically awarded for a successful compensatory education claim. The size of the fund is calculated by multiplying the number of hours of compensatory education by an hourly rate. The hourly rate is set by the hearing officer. The hearing officer’s calculation will depend in part on the types of services awarded. The idea being that more expensive services require a higher hourly rate.

WHAT CAN THE FUND BE SPENT ON?

The fund can be spent on educational services. An award of compensatory education is not a “blank check” to be spent as the family wishes. Rather the award is typically held in a fund and payments limited to special education services. Services might include:

• Academic;
• Emotional;
• Behavioral; and
• Autistic support.

However, each student is unique. And the terms of a compensatory education fund will depend upon the needs of the student. Therefore parents should ensure they clearly communicate a student’s needs. For example, students in rural areas may need transportation costs in order to reach service providers. Further, compensatory eduction is designed to make the student whole for the absence of past services. However, going forward parents should continue to monitor a student’s progress and ensure supports and services appropriately address the student’s disabilities.

DO YOU NEED TO HAVE AN IEP OR 504 PLAN IN PLACE TO GET COMPENSATORY EDUCATION FUNDS?

No. A school district has an obligation to identify students with disabilities and offer appropriate supports and services. This is known as Child Find. As a result, compensatory education may be awarded to a student where a school district has failed to identify a student with a disability and failed to provide the student with appropriate services.

HOW DO YOU MAKE A COMPENSATORY EDUCATION CLAIM?

The Office For Dispute Resolution (ODR) typically hears claims for compensatory education. A hearing officer specialized in special education matters hears the claim. Parents can file compensatory education claims themselves or hire an attorney to represent them. Legal fees vary between attorneys and parents should discuss legal fees at the outset. Some attorneys charge by the hour. However, legal fees can be pushed on to the school district if a parent successfully claims for compensatory education.

This is can be complex, I hope this helps answer your questions. Do you still need more information? I love to talk to parents, as a special needs parent myself this is my passion. If you are in PA call me. (484) 212–1763

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