What the U.S. DOE says about Compensatory Education
On September 30, 2021, the U.S. Department of Education issued a policy memo to guide school districts on implementing Individualized Education Programs (“IEPs”), post-pandemic shutdown: https://sites.ed.gov/idea/files/rts-iep-09-30-2021.pdf.
A few key takeaways—
Students with disabilities retained their rights to receive appropriate services under the Individuals with Disabilities Education Act (“IDEA”) throughout the pandemic.
IEP teams are supposed to determine whether a student experienced disruption in special education services during periods of school closure.
IEP teams must address factors that impacted a student’s ability to engage in his or her education (i.e., trauma and physical isolation) with additional support and intervention as needed. Such additional supports include counseling, social skill instruction, explicit reinforcement of positive behavior, and explicit instruction in the management of stress, anxiety, and depression.
A student’s inability to acess technology and Wifi connectivity may have impacted the student’s receipt of appropriate services to support skill development and progress towards attaining IEP goals.
Schools should consider positive behavioral interventions and supports rather than discipline to address behaviors that arise upon students’ return to school.
Learning recovery services or Covid mitigation services are likely not considered compensatory education if the district is not using the IDEA processes for making individualized determinations about a student’s need for such services.
Compensatory services, such as pre-employment transition services, can extend the period of eligibility for special education beyond the age of 21.
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