Compensatory Education Definition:
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 violated the IEP. Similarly, compensatory claims may be possible if the IEP is not appropriate for the student.
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How is a Compensatory Education Settlement 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.
Frequently Asked Questions About Compensatory Education
Q: What can the fund be spent on?
A: 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 are limited to special education services. Services might include:
- Academic services and supports (like tutoring)
- Emotional services and supports
- Behavioral services and supports
- Autistic support
However, each student is unique. The terms of a comp ed 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 education 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.
Q: Do you need to have an IEP or 504 plan in place to get compensatory education funds?
A: No. A school district has an obligation to identify students with disabilities and offer appropriate supports and services. 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. This is known as “Child Find“.
Q: What is Child Find in Compensatory Education?
A: Child Find is a critical component of special education designed to ensure that all children with disabilities receive appropriate educational services. It is closely related to the concept of compensatory education, which aims to address educational disparities and provide additional support to students with disabilities. Child Find is essentially the process of identifying, locating, and evaluating children who may have disabilities, even if they are not currently receiving special education services. Schools have a legal obligation under the Individuals with Disabilities Education Act (IDEA) to actively search for and identify such children.
When Child Find identifies a child with a disability, and it is determined that the child has been denied a free and appropriate public education (FAPE) in the past, compensatory education may be one of the remedies provided. Compensatory education is intended to make up for any educational services the child missed or was denied due to the failure to provide appropriate special education services. In essence, Child Find plays a crucial role in the early detection and intervention for students with disabilities, ensuring that they receive the support they need and, if necessary, compensatory education to address any past educational gaps.
Q: How do you make a Compensatory Education claim?
A: 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 these 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.
Compensatory Education Examples
- Tutoring and Academic Support Programs: Compensatory education funds can be used to provide one-on-one or small-group tutoring sessions for students who are struggling academically. These programs can offer targeted assistance in subjects like math or reading, helping students catch up to their peers.
- Special Education Services: Funds can be used to support students with disabilities, ensuring they receive the necessary accommodations and resources to succeed in school. This may include providing specialized instructional materials, assistive technology, or hiring special education teachers and aides.
- Extended Learning Opportunities: Compensatory education funds can be used to offer extended learning opportunities outside of regular school hours. This might include after-school programs, summer school, or enrichment activities to help students improve their academic skills and engagement.
- Counseling and therapy for children struggling with social skills and/or anxiety or other emotional issues
Frequently Asked Questions About Compensatory Education
Q: What can the fund be spent on?
A: 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 are limited to special education services. Services might include:
- Academic services and supports (like tutoring)
- Emotional services and supports
- Behavioral services and supports
- Autistic support
However, each student is unique. The terms of a comp ed 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 education 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.
Q: Do you need to have an IEP or 504 plan in place to get compensatory education funds?
A: No. A school district has an obligation to identify students with disabilities and offer appropriate supports and services. 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. This is known as “Child Find“.
Q: What is Child Find in Compensatory Education?
A: Child Find is a critical component of special education designed to ensure that all children with disabilities receive appropriate educational services. It is closely related to the concept of compensatory education, which aims to address educational disparities and provide additional support to students with disabilities. Child Find is essentially the process of identifying, locating, and evaluating children who may have disabilities, even if they are not currently receiving special education services. Schools have a legal obligation under the Individuals with Disabilities Education Act (IDEA) to actively search for and identify such children.
When Child Find identifies a child with a disability, and it is determined that the child has been denied a free and appropriate public education (FAPE) in the past, compensatory education may be one of the remedies provided. Compensatory education is intended to make up for any educational services the child missed or was denied due to the failure to provide appropriate special education services. In essence, Child Find plays a crucial role in the early detection and intervention for students with disabilities, ensuring that they receive the support they need and, if necessary, compensatory education to address any past educational gaps.
Q: How do you make a Compensatory Education claim?
A: 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 these 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.
Compensatory Education Service Examples
- Tutoring and Academic Support Programs: Compensatory education funds can be used to provide one-on-one or small-group tutoring sessions for students who are struggling academically. These programs can offer targeted assistance in subjects like math or reading, helping students catch up to their peers.
- Special Education Services: Funds can be used to support students with disabilities, ensuring they receive the necessary accommodations and resources to succeed in school. This may include providing specialized instructional materials, assistive technology, or hiring special education teachers and aides.
- Extended Learning Opportunities: Compensatory education funds can be used to offer extended learning opportunities outside of regular school hours. This might include after-school programs, summer school, or enrichment activities to help students improve their academic skills and engagement.
- Counseling and therapy for children struggling with social skills and/or anxiety or other emotional issues
how long does it usually take to file a Comp Ed claim and how long before the funds become available?
It depends on a lot of things: such as how long it takes for your case to be heard and the response from the school district.
Is it normal to be give a special amount of time to make use of the funds received for compensatory education?
Thank you
That is common, it varies by use-case. Generally they average 3-5 years. The idea is that money needs to be used to remediate the problem caused by the old IEP, so the sooner you use it the better. Plus School Districts need to plan budgets so time limits help with that. Please feel free to call Henry at the number listed above if you are in the Philadelphia area.
Howdy! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog post or vice-versa? My website goes over a lot of the same subjects as yours and I think we could greatly benefit from each other. If you happen to be interested feel free to shoot me an e-mail. I look forward to hearing from you! Fantastic blog by the way!
Can the contact person for the funds agree to pay for an electronic that is within the allowance given, then “after careful consideration with the IT you must buy it and submit the receipt” because I kept asking why IT needed to see the computer even though my son goes to APS and no longer a student in the district? I honestly think the attorney dropped the ball on this one.
Hi. Can I suggest you give me a call? (484) 212-1763
I have requested comp ed from the school district but they are trying to tell me where I can get the services from, can they do that (i.e. we picked where we want tutoring from and they are trying to tell me is too high and I have to go to their tutors)? Also, are they allowed to tell me I have to pay for the services upfront and then have to reimburse me? I have requested that they pay me in a lump sum but are trying to deny that.
Hi. Thanks for posting. I suggest you call me and we discuss further off-line. (484) 212-1763
Are compensatory education services considered taxable income if we win?
Dear Steve, I have a similar question. I got a “compensatory education fund” to reimburse the tuition I paid earlier, informing me that “this is not considered a taxable event”. I then got a 1099-NEC, which confuses me. May I know if you have any clues/solutions to your answer? Thank you!
This is a great question! Sadly this falls outside Mr. Young’s expertise. You will have to run this by a tax professional
Hello. I know this is an old post but I would like to ask if my situation qualifies for compensatory education. My child was in early intervention and aged out at three years old. What was written into his IEP was that he was supposed to transition to an Autism preschool in the district and receive transportation to and from school provided by the district. That never happened. The school never provided transportation or any solution and as a result my son has been without special education services or preschool for a year.
Hello Danielle, if you are in the Philadelphia area Henry may be able to help you, feel free to call the number on the site and we can discuss