Due to the COVID-19 pandemic, many students with special needs were denied access to the special education services required to facilitate a beneficial learning environment. Virtual classes were not adequate for the majority of students. In-person instruction is vital for many special needs students, especially those who are used to receiving one-on-one lessons in speech and other forms of therapy.
Compensatory Education
Compensatory education for services missed during the pandemic is provided when the failure to provide those services has denied the student his or her right to a FAPE. Although it is not defined in the federal Individuals with Disabilities Education Act (IDEA), the goal of compensatory education is to remedy the knowledge and skill deficits that result when missed services are determined to have caused a denial of a FAPE. Determining the need for compensatory education must be made on an individual basis by the student’s Individualized Education Program (IEP) team. The IEP team consists of the student, the student’s parent(s)/guardian(s), the student’s teachers, related service providers and other representatives from the student’s school district. Neither the IDEA nor the State’s special education regulations require a 1:1 ratio when calculating the amount of compensatory education to be awarded to a student with a disability. It is the role of the IEP team to determine the need, type, amount, frequency, duration, and location of compensatory education necessary to address lack of progress toward IEP goals and objectives resulting from missed services.
Getting Your Children the Education They Deserve
At the Law Offices of Johanna G. Burke, we will work with you to get your child the compensatory education he or she needs to thrive in academia and in life. Contact us today to schedule a free 30-minute consultation.