What is the COVID-19 Compensatory Education Plan?

Students with disabilities are entitled to a free appropriate public education (FAPE).
The COVID-19 pandemic had a negative effect on schools resulting in learning disruption nationally. Students with disabilities may need Compensatory Education services to remedy any educational or other deficits that resulted from a student with an IEP or Section 504 plan not receiving the evaluations or services to which they were entitled during the COVID-19 pandemic. Students with disabilities may also need Recoupment Services to regain skills lost resulting from pandemic learning disruptions.

The Los Angeles Unified School District has implemented two approaches for processes for addressing the impact of the COVID-19 pandemic:

Compensatory Education- special education and related aids and services to remedy any educational or other deficits that resulted from a student with a disability (with either an IEP or Section 504 plan) not receiving the evaluations or services to which they were entitled during the COVID-19 pandemic.

Recoupment Services- additional supports offered to general and special education students to address potential learning loss caused by pandemic-related school facility closures.  For further information on Recoupment Services please refer to: https://www.lausd.org/Page/17665

At Your Child’s Individualized Education Program (IEP) Team or Section 504 Meeting, the Team Will:

Make an individualized determination regarding whether and to what extent Compensatory Education is required as a result of COVID-19 pandemic related remote learning instruction and/or hybrid in-person and remote learning instruction from March 17, 2020 until the end of the 2021-2022 school year (Pandemic Period).

The Team will review, discuss, and document whether Compensatory Education is needed due to the Pandemic Period. The Team will consider factors including whether the student received the special education and related aids and services listed in their IEP or Section 504 plan in effect in March 2020 and whether the special education and/or related services were appropriate based on the student’s individual needs.

If the Team determines that compensatory services are owed, it will list an appropriate and reasonable time frame for the completion of the agreed upon compensatory services, and if the Team determines no compensatory services are needed, the Team will document the reason for this decision.

Provide parents/guardians access to information recorded by the District regarding the amount of special education and related services provided during the pandemic, including the option to review IEP service logs or discuss implementation of Section 504 plan accommodations.

The team will also determine if any Recoupment Services may be required to address Pandemic learning loss.

Notify parents/guardians of the process for reimbursement of out-of-pocket expenses incurred by the parent/guardian to provide the services required by the student’s IEP or Section 504 plans during the Pandemic Period.

Considerations for Compensatory Education

• The regular or special education and related aids and services required by the student’s Section 504 plan or IEP that was in effect at the beginning of March 2020
• Frequency and duration of missed instruction and related services during the Pandemic Period
• Whether regular and special education and/or related services provided during the Pandemic Period were appropriate based on your child’s individual needs
• Your child’s present levels of performance
• Previous rates of progress
• Results of updated evaluations
• Whether evaluations were delayed
• Any other relevant information

What if My Child Is Already Receiving Recoupment Services?

For students whom a Recoupment Services determination has already been made and is being implemented, when determining whether and what amount of Compensatory Education may be needed, the IEP or 504 team may consider if the Recoupment Services already being provided to the student addresses their specific individualized needs.

Your Procedural Safeguards

You are still afforded the same procedural safeguards which have always been available if you dispute the team’s determination.

Should you dispute the determination made by the IEP Team or Section 504 team regarding whether or to what degree services were provided to your student during the Pandemic Period, you will be notified of the process to challenge the determination and provided with procedural safeguards including the right to challenge the Section 504 or IEP Team’s decision regarding Compensatory Education through an impartial due process hearing.

A Parent’s Guide to Special Education Services (Including Procedural Rights and Safeguards) may be accessed on the Division of Special Education Website: https://www.lausd.org/sped

Section 504 Brochure and Information on Procedural Safeguards: Brochure