Compensatory services are make-up services your child is owed when the school failed to provide what was in the IEP. These are provided IN ADDITION to current services, not as a replacement. The school must make your child whole.
How Compensatory Services Work
When a school fails to deliver the services written in your child’s IEP — whether due to staffing shortages, scheduling problems, or any other reason — your child doesn’t just lose those sessions. The school owes them back. Compensatory education is the legal remedy that restores what your child was denied.
This isn’t a one-for-one exchange. If your child missed 10 speech sessions, the remedy might be 15 sessions because the missed services caused regression that takes extra time to recover from. The goal is to put your child in the position they would have been in if the school had done its job.
Reid v. District of Columbia (D.C. Cir. 2005) — Compensatory education is a remedy designed to “place disabled children in the same position they would have occupied but for the school district’s violations of IDEA.” The award should be qualitatively tailored to the student’s needs.
When Are You Entitled to Compensatory Services?
Any time the school fails to implement the IEP as written. Common situations include: missed therapy sessions (speech, OT, PT, counseling); aide hours not provided; specialized instruction minutes reduced without consent; services interrupted during staff transitions; and services denied during COVID-related closures that weren’t provided virtually.
You do not need to file for due process to get compensatory services. Start by requesting them in writing from the school. Many districts will agree to a compensatory services plan to avoid a formal complaint. But document everything in case you need to escalate.
How to Calculate What Your Child Is Owed
Step 1: Get your child’s service logs. Request the school’s records showing when services were actually delivered. Compare this to what the IEP requires.
Step 2: Calculate the gap. If the IEP says 3x/week speech therapy for 30 minutes and your child only received 1x/week for three months, that’s roughly 24 missed sessions.
Step 3: Consider regression. Your child may need more than a 1:1 replacement because missed services can cause skill regression. A qualified professional should determine the appropriate amount.
How to Request Compensatory Services
Put it in writing. Send a formal request to the Special Education Director documenting the missed services, the dates, and what you’re requesting as a remedy. If the school refuses or offers an inadequate plan, file a state complaint or request due process.