Compensatory Services

I am interested in knowing how other SEAs address a deadlock between the LEA and the complainant during the compensatory services determination process. How do you address a situation where the LEA determines that no, or very little, compensatory services are required, and the complainant rejects that offer? Is there leeway for the SEA to intervene if the compensatory offer made by the LEA does not seem to be equitable or made in good faith?

I'm interested in how other SEAs handle situations in which the LEA has made an offer of compensatory services to the parent/complainant due to a violation identified through a State complaint, but the parent/complainant has not responded to the offer or contacted the LEA again.

How many times and in what ways are SEAs requiring LEAs to contact the parent/complainant regarding the offer? 

How long are cases remaining open without a parent/complainant response, and how are SEAs managing the closure of such cases? 

A number of our LEAs have raised concerns about how to provide all comp-ed or make-up services within one year when the families refuse to engage with them to schedule services or frequently don’t show up for scheduled services. Does your state have a process for documenting LEA reasonable efforts for providing comp-ed services ordered before you close the case based on those efforts? 

Can you share if, in your corrective action in your letter of findings, you provide a specific amount of compensatory education? Do you look at the complaints from a procedural lens only? 

A few families and attorneys have raised concerns about meetings to determine make-up services or comp ed. They believe those discussions do not include a comprehensive enough review of information to properly determine whether and how much of those services are needed, so were wondering if any states have norms or guidelines for what information is reviewed at a meeting to determine make-up/comp-ed services. One parent attorney told us there are states that will include SEA staff in these meetings.

I am reaching out to see if anyone knows the specific OSEP guidance letter that addresses the responsibility of the SEA to make a determination regarding the need for compensatory education following a finding of non-compliance in a state complaint investigation. I know the IDEA regulation in 34 CFR 300.151(b) state that the SEA must address the failure to provide appropriate services, including correction action such as compensatory services or monetary reimbursement.

If compensatory education is ordered as a result of findings from a complaint and the IEP team cannot agree on a plan for the services, how do states handle that? What obligations do SEAs have to settle disputes around the offerings of comp. ed. as a result of their findings? Especially if what has been offered satisfies the requirements of corrective action.

Has anyone ordered compensatory education to be completed post-graduation?

Do corrective actions, specifically compensatory education, follow a student if they move?  I have been unable to find specific guidance on this matter.  For context, the student moved one town away from their previous district that had been providing compensatory education as the result of a state complaint.