Posted March 10, 2021
Today’s Issue by Jaclyn D’Arminio:
Whether there is a set formula for determining whether compensatory education is owed, and the amount of compensatory education that is owed, to students with disabilities when there has been an interruption in services caused by COVID-19.
No. Determinations regarding compensatory education must be made on a case-by-case basis by the student’s IEP Team. The IEP Team must consider data, such as, formal and informal assessments, to evaluate the student’s progress and whether the interruption of services caused by COVID-19 resulted in a denial of a free, appropriate and public education (“FAPE”). If the IEP Team determines that there was a denial of FAPE, neither the Individuals with Disabilities in Education Act nor the State’s special education regulations require a 1:1 ratio when calculating the amount of compensatory education owed to a student with a disability.
NJDOE Guidance Regarding Compensatory Education Determinations for Students with Disabilities as a result of COVID-19 (March 3, 2021)
To Learn More about FPSCTT’s Education and School Law Practice, please contact:
Lester Taylor, Partner and Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Partner and Co-Chair
Caitlin Pletcher, Partner
This post is for informational purposes only and should not be construed as legal advice.
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