The IDEA does not explicitly define or provide for compensatory education.
The IDEA gives courts the authority to “grant such relief as the court determines appropriate.” 20 USC 1415(i)(2)(C)(iii); 34 CFR 300.516(c)(3)
The Fifth Circuit has stated:
► Compensatory education is designed to provide services prospectively to compensate for a past deficient program.
► Compensatory education should place the student in the position they would have been but for the denial of FAPE.
► Texas district courts have used the qualitative standard, rejecting a “cookie-cutter” hour-for-hour or day-for-day approach.
► The qualitative approach is aligned with the purposes of IDEA to provide specialized instruction and related services to meet the unique needs of the student.
Student PLAAFPs
• Expected or previous rate of progress
• Progress made during the lapse of appropriate services
• Length of lapse and importance of services
• Additional services needed to make up for lack of progress
Implement
• Document compensatory education decisions
• Implement compensatory services
• Document implementation
• Continue to measure and document progress