Matt and Brad will discuss compensatory education, both generally and in relation to a possible right to compensatory ed based on loss of services during the pandemic.
The impact of COVID on education has been monumental. Students with disabilities were especially affected by the loss of regular school and the implementation of remote learning due to COVID restrictions. Fortunately, the federal government and the Illinois State Board of Education anticipated this and, starting back in March 2020, declared that some students with disabilities may be entitled to compensatory education to help counter the impact of remote learning on their education.
We believe that you may have a right to receive compensatory education if your child suffered a loss of progress or ability due to the lack of adequate instruction due to COVID restrictions and remote learning. If your child received inadequate programming during remote learning and their progress was delayed or lost as a result, we recommend that you contact your school district’s special education administration to clarify whether and how the District will provide compensatory education to your child. If the District is refusing to offer compensatory education generally, or to your child, in particular, you have the right to challenge this via mediation or a due process hearing.