Compensatory education for services missed during the pandemic is provided when the failure to provide those services has denied the student his or her right to a FAPE. Although it is not defined in the federal Individuals with Disabilities Education Act (IDEA), the goal of compensatory education is to remedy the knowledge and skill deficits that result when missed services are determined to have caused a denial of a FAPE.
Determining the need for compensatory education must be made on an individual basis by the student’s Individualized Education Program (IEP) team. The IEP team consists of the student, the student’s parent(s)/guardian(s), the student’s teachers, related service providers and other representatives from the student’s school district. Neither the IDEA nor the State’s special education regulations require a 1:1 ratio when calculating the amount of compensatory education to be awarded to a student with a disability. It is the role of the IEP team to determine the need, type, amount, frequency, duration, and location of compensatory education necessary to address lack of progress toward IEP goals and objectives resulting from missed services.
