WHEN THINGS GO WRONG… A CLOSER LOOK AT …

WHEN THINGS GO WRONG... A CLOSER LOOK AT

COMPENSATORY SERVICES

Paula Maddox Roalson and Christina L. Garcia

Walsh Gallegos Trevino Russo & Kyle P.C.

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WHEN THINGS GO WRONG...

A CLOSER LOOK AT COMPENSATORY SERVICES

PAULA MADDOX ROALSON & CHRISTINA L. GARCIA

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Compensatory Services, Generally Speaking

Who is entitled to compensatory services?

Compensatory services are future services to be provided to a student to make up or compensate for a school district's failure to provide the student with appropriate services in the past.

TEA Dispute Resolution Systems Handbook (October 2016)

 For example, if a student's IEP says that the student should get 60 minutes per week of speech therapy, and it is determined that the student did not receive speech therapy for a time period, the student might be entitled to extra speech therapy sessions to compensate for the sessions that were missed.

What are compensatory services?

Courts and Hearing Officers have authority to award "appropriate relief" when a student has been denied FAPE.

Compensatory education is considered to be one way of providing "appropriate relief"--it is "an equitable remedy to be granted upon finding that a child has been denied FAPE under the Act." Diatta v. District of Columbia, 41 IDELR 124 (D.D.C. 2004).

Why are they awarded?

"...this specific type of equitable relief would only be granted on a case-by-case basis, depending on the specific situation of each student. In each case, a court will evaluate the specific type of relief that is appropriate to ensure that a student is fully compensated for a school district's past violations of his or her rights under the IDEA and develop an appropriate equitable award." Ferren C. v. School Dist. of Philadelphia, 54 IDELR 274 (3d Cir. 2010).

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When things go wrong

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