The School Denied Compensatory Services After IEP Violations

Expert Reviewedby Mary

"I've sat at over 500 IEP tables."

I'm Mary, a Special Education Advocate and the founder of The Advocate Ally. I created this special education resource because too many parents feel pressured to accept generic, "cookie-cutter" IEPs.

The guidance below is grounded in the same practical, document-based questions I raise in IEP meetings every day. Use it to ask for clearer, more individualized support for your child.

Mary

Founder, The Advocate Ally

What's Happening

Your child missed services due to school failure (not student absence)—whether from missing therapy sessions, an unfilled aide position, or COVID-related disruptions—and the school won't provide make-up services.

Your Legal Rights

When a school fails to implement an IEP, the child is entitled to 'compensatory education' to make up for the services they were denied.

Compensatory services are owed when the school failed to implement the IEP.
The amount of compensatory services should be determined by the IEP team based on the impact of the denial.
Compensatory services can be provided over and above the current IEP services.
A state complaint may be one way to request a remedy, including compensatory services when appropriate.

What To Do Right Now

Document the specific services that were missed—dates, types, and amounts.

Compare the IEP-mandated services with the school's service logs.

Submit a written request for compensatory education citing the specific violations.

If the school refuses, consider a state complaint or other dispute option; the appropriate remedy depends on the facts.

Don't Go Into This Blind

Before you send a letter or file a complaint, start with the written IEP. The audit can flag documented gaps, weak language, and sections that may deserve a written question or closer professional review.

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Frequently Asked Questions

How are compensatory services calculated?

There's no rigid formula. The question is: 'What services are needed now to put the child in the position they would have been in had the IEP been implemented?'

Is compensatory education the same as make-up sessions?

Not exactly. Compensatory education may include additional services beyond straight hour-for-hour replacement to remediate the harm caused.

Is there a statute of limitations?

Generally 2 years from the date of the violation. File sooner rather than later.

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