If compensatory services are being considered or discussed for any student, the Director of Special Populations must be contacted prior to initiating or finalizing any decisions or plans.
If compensatory services are being considered or discussed for any student, the Director of Special Populations must be contacted prior to initiating or finalizing any decisions or plans.
IDEA
IDEA
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
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