Compensatory Services

[Household6]

Son has an IEP that addresses executive functioning and writing with pretty much the same three goals for 3+ years. 
 

He was not provided any services during his freshman year (Covid), sophomore year turned out to be a bust (special Ed teacher essentially was lying on progress updates). We have  finally advanced in this his junior year!
 

While credit is due to his school for writing advancements, his EF (organization) skills advanced only because I finally figured out something that works for him. 
 

However, he’s still not in a place where he will be ready for post-secondary education next year. Had the services been provided as they should have been, he likely would have been ready. 

At this late stage of the game, I can think of no compensatory services that could help him. He just needs time, which we are nearly out of and his advancement in life is forever delayed. 
 

I’m not one to seek monetary damages for “life happens” events. But I find myself wondering if a monetary award is due to him. 
 

My research finds money being reimbursed for tutors and counseling attained, but nothing about when it’s too late to recover for services lost/not provided. 
 

Thoughts? Ideas? Feedback? 

 

 
 

 

[Carolyn Rowlett]

Compensatory services are a complicated issue (at least to me!).  And it's particularly hard to give advice in this area without seeing all the documentation. But I'll give it a shot!

First, I would not give up yet on trying to get some compensatory services for his senior year.  Have you asked?  Have they offered anything?  You shouldn't be the one who has to think up something that might work - the school district should be doing that.  If they aren't, ask for an Independent Educational Evaluation (IEE) - SOON - since we are nearing the end of the school year.  The IEE will hopefully have some recommendations for what can be done for his EF deficits.  Also keep in mind that compensatory services can be provided over the summer months (and not just during the time the regular summer school is in session).  This should be pursued if he far behind being ready for post-secondary education.  They can also be offered in after school sessions next school year.

Second, there is the option of having your son not graduate.  (He would still be entitled to walk during graduation with his classmates - the diploma they hand him would be "fake."  If you want this option, just make sure he does NOT accept a regular diploma.)  If a special education student does not graduate, they can receive services until they are 21.  Although this is often not a palatable option for parents or students, keep in mind there are still college courses he could take without a diploma and his "status" would likely never be known to her peers.

Third, if compensatory services are not offered (see second paragraph above), you could file for due process.  At that point, your attorney could advise you on the options you have in terms of monetary recovery, but this could be difficult under the IDEA.  You could speak with a civil litigation attorney about pursuing monetary damages under a tort claim, but that's beyond our scope here.

Good luck!

[Teresa A]

Hi @Household6 

You mentioned above "While credit is due to his school for writing advancements, his EF (organization) skills advanced only because I finally figured out something that works for him. " 

Would you mind sharing worked for him and his EF organizational skills? 

 

   I'm struggling with coming up with ways to help my 14yr with something that will help him in the same area?

Thanks,

Teresa