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Compensatory education is being refused after missed services

You built a table of the sessions your child missed, sent it to the school, and the answer that came back was that no make-up services are owed. Only until the state looks at it: a state complaint that finds a written service went undelivered ends with ordered corrective action, and compensatory services are the example the rule itself gives (34 CFR 300.151(b)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.

By The Advocate Ally, checked against the rules it cites. Sources checked September 17, 2026.

What the rule says

“an SEA … must address … the failure to provide appropriate services, including corrective action appropriate to address the needs of the child (such as compensatory services or monetary reimbursement)”

34 CFR 300.151(b)

A state complaint does not stop at finding fault; it returns with an ordered fix, and compensatory services can be part of it.

What to do this week, in order

  1. Turn your dated log of missed sessions into a single table: the date, the service, minutes owed, and minutes actually delivered.

    A finished log of the missed sessions

  2. Send the special education director a written request that names the missed sessions and asks what make-up the district will offer.

    The director's answer, on the record

  3. Ask for the service logs, therapist notes, or attendance records the district used to decide no remedy was needed.

    The service logs and notes the district relied on

  4. If the director's answer names no remedy, draft the state complaint from your table; the state's decision has to address corrective action.

    Your complaint draft, with the table attached34 CFR 300.151(b)

What to put in writing

Replace what sits in brackets and send it by email, so the date is fixed.

To
The district’s compliance officer, and the director who signs service decisions
Dear [Director's name],

[Child's full name]'s IEP lists [service], written on page [page number]. My table shows [number] missed sessions spanning [start date] to [end date], with no service delivered as written. Please name the records the team reviewed and the corrective action, if any, it considered. If the finding is that nothing is owed, please put it in the prior-written-notice format that 34 CFR 300.503(b) sets out.

[Your name]

If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).

When to escalate, and to whom

Escalate when the written answer is a no, or when the record you built this week draws no answer at all.

The pathThe countHow it runs
A state complaint60 days to a decisionA signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c)
MediationVoluntary, at no cost to youYou and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b)
A due process complaint2 years to fileA hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a)

Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.

This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.

Have the pages this dispute is about read back to you, free.

The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.

Review my IEP — free

Free, no card. It reads your pages and contacts no one.

Where this comes from

When the paragraph needs to become a full letter, the letter templates carry one for each request.