One at One: Compensatory Education

Today’s Issue:

Does graduation or “aging out” preclude a claim for compensatory education for services not provided during the COVID-19 pandemic?

Answer:

No. Graduating or aging out does not preclude a claim for compensatory education. The NJDOE has issued guidance encouraging IEP teams convene meetings to discuss services that were not provided and determine the need for additional services. School districts are encouraged to provide to the student and/or parents/guardians a written description of the services being offered and notice of their right to seek compensatory services.

Resource:

https://www.nj.gov/education/broadcasts/2020/jun/12/Providing%20Additional%20Services%20for%20Students%20with%20Disabilities%20Who%20Will%20Graduate%20or%20Exceed%20Eligibility%20for%20Special%20Education%20Services.pdf

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Co-Chair
Christine Soto, Partner and Co-Chair
Afshan Ajmiri Giner, Senior Associate

This post is for informational purposes only and should not be construed as legal advice.