January 12, 2023

What is Compensatory Education for Special Education Students?

For most parents, filing a case to protect the rights of their child requiring special education services can be intimidating. But it does not have to be. Working with a special education attorney can bring you peace of mind and ensure that your child receives the educational services they need to learn.

The legal team at Mizrahi Kroub is fully equipped to handle these matters and can help you open a case against the school district for violating your child's needs. As a full-service law firm in New York, we aim to protect the rights and interests of your loved ones.

What is Compensatory Education?

Compensatory education is a type of educational program designed to help make up for any educational deprivation that students may have experienced due to their disability. If the school district fails to provide appropriate special education services, you may have a right to pursue compensation on behalf of your child.

An Individualized Education Program (IEP) is designed to provide proper educational programs that meet your child's needs. For this reason, compensatory education can apply if a school district does not observe the IEP guidelines.

How is Compensatory Education Calculated?

Compensatory compensation is typically calculated in terms of hours based on the student's individual needs. It should consider the amount of time the student has been denied proper educational services and the time it may take to cover the academic loss.

This calculation is based on the academic progress required and the number of hours of instruction needed for the student to catch up with their peers. The total compensation amount is determined by multiplying the compensatory education (hours) by an hourly rate, often set by the hearing officer.

What Can the Funds Be Spent On?

Funds that are awarded are limited to educational purposes. This means it cannot be used for personal reasons or other purposes that are not related to special education services. The compensation is held in a fund and can be used for the following special education services:

  • Emotional services and support
  • Covering the costs of approved educational activities, including course tuition and textbooks
  • Behavioral services and supports
  • Autism support

The New York special education law recognizes that every child has unique needs. So the terms and requirements of a compensatory education fund can be tailored according to individual needs. Our New York special education attorneys will work with you to create a compensation plan that meets your child's disability needs.

Contact Our New York Special Education Lawyers Today to Get Started

Mizrahi Kroub LLP is a plaintiff-side law firm focused on special education law. Our New York special educational layers can help fight for your case and help you pursue the compensatory education your child needs to cover their academic loss.

Contact us online or call our office at (212) 595-6200 and talk to our New York special education attorneys to get the legal assistance you need.

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