What Are Compensatory Services and Who Qualifies?
When the DOE fails to provide the services your child was entitled to, a remedy called compensatory services may be available. Here is what compensatory services are, when they apply, and how to pursue them.
What Are Compensatory Services?
Compensatory services are additional services ordered to make up for services your child did not receive but was legally entitled to. They are a form of equitable relief designed to put your child in the position they would have been in if the services had been provided as required.
If your child's IEP required 120 hours of speech therapy over the course of a school year and they only received 60, compensatory services would be the additional hours (or some equivalent amount) owed to your child.
When Do They Apply?
Compensatory services can be appropriate in several situations:
Services mandated in the IEP were not provided (cancelled sessions, vacancies never filled, etc.)
The services that were provided were inadequate or inappropriate
The child was placed in an inappropriate program that failed to meet their needs
The child experienced a denial of FAPE over a period of time
How Are They Calculated?
Courts and hearing officers have different approaches. Some award services on a hour-for-hour basis. Others take a more flexible approach and ask what is needed to bring the child to where they would have been without the deprivation. The calculation is not always straightforward, and the circumstances of your child's case will shape what can be sought.
What Can Compensatory Services Include?
Compensatory services can include additional hours of:
Speech-language therapy
Occupational therapy
Physical therapy
Special education instruction
Counseling services
Other related services that were missed or inadequately provided
Academic instruction
How Do You Pursue Them?
Compensatory services are typically awarded through an impartial hearing. You (or your attorney) file a due process complaint, present evidence of the services that were denied, and seek an order directing the DOE to provide or fund those services.
Documentation is critical. If you believe your child has been missing services, start keeping a log. Request attendance and session logs from the school in writing.
Is There a Time Limit?
Yes. In New York, the statute of limitations for filing an impartial hearing is two years from the date you knew or should have known about the violation. Do not wait.
If you think your child may be owed compensatory services, contact us for a free consultation.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.