Guidelines for Determining the Need for Compensatory Services
If a parent or guardian feels that their child has not received the services provided in the Individualized Education Plan and that as a result, the child has failed to meet the goals set forth in their Individualized Education Plan (IEP), a parent may request compensatory minutes. Reasons that a student might receive Compensatory Services include, but are not limited to:
- a pattern of related services missed due to related service provider being absent
- a student excluded from education and all services on the IEP for discipline purposes beyond 10 cumulative days
- special education services not implemented within ten school attendance days of prior written notice of service was provided to parents
- a documented pattern of excessive student absence with relation to student's disabling condition
Compensatory minutes are provided in addition to the minutes prescribed in the IEP. In order to request Compensatory minutes, parents should contact their student’s case manager or building principal. Within 10 calendar days of receipt of the parent’s request, the student’s case manager or other designated staff member must send the parent/guardian a Notice of Conference and formally schedule a meeting. The IEP team will convene an IEP conference with the student’s parent/guardian and staff members who worked with the student previously and/or work with the student currently to determine whether the student needs compensatory services.
When considering the potential need for compensatory services, the IEP team must determine whether the reduced or non-implemented services during the period resulted in the student’s lack of progress or regression. Compensatory services are only available when it can be determined that a child(ren) had FAPE denied as mandated by the Individuals with Disabilities Education Act (IDEA) due to the missed services.