Compensatory Education: Getting Back What Was Denied

Congruence Law, P.C. Fights for Students to Receive the Services They Missed

When schools fail to deliver the services a child with a disability is legally entitled to, the damage is not just academic—it can affect self-esteem, development, and long-term outcomes. Fortunately, the law provides a remedy: compensatory education.

Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, students who were denied a Free Appropriate Public Education (FAPE) may be entitled to extra support, services, or specialized instruction to make up for the loss.

At Congruence Law, P.C., we help families identify service failures, quantify harm, and secure meaningful compensatory education awards—not symbolic gestures, but legally enforceable remedies designed to restore your child’s progress.

What Is Compensatory Education?

Compensatory education is a legal remedy awarded to a student with a disability when the school fails to provide the special education or related services required under the student’s IEP or 504 Plan.

It is intended to “make the child whole” by:

• Replacing missed or deficient services

• Closing learning gaps created by the school’s noncompliance

• Ensuring that the child has the opportunity to meet IEP goals and receive educational benefit

These services may be delivered outside school hours, during weekends, or over school breaks—and may extend beyond the student’s graduation or aging out date if warranted.

Examples of Compensatory Services

➤ Missed Speech, OT, or Counseling Sessions. If the school skipped sessions or used underqualified staff, the child may be entitled to make-up sessions with certified providers.

➤ Academic Tutoring or Specialized Instruction. Private tutoring funded by the school to address regression or missed goals.

➤ Assistive Technology or Training. When delayed or denied tools caused lost access, the remedy may include both technology and individualized instruction.

➤ Transition Services. Post-secondary preparation or vocational supports that were omitted or insufficient.

Signs Your Child May Be Entitled to Compensatory Education

• The school failed to implement IEP or 504 services as written

• Services were provided inconsistently, improperly, or by unqualified staff

• Your child regressed or failed to progress due to lack of support

• The district delayed evaluations or IEP development

• Your child’s IEP or 504 Plan was inadequate or never implemented

• Extended remote learning or staffing shortages resulted in complete service breakdown

What We Do at Congruence Law, P.C.

We work with families to build a legal case for compensatory education, including:

• Documenting missed or insufficient services and measuring impact

• Requesting and negotiating compensatory services with the school district

• Filing due process hearings or state complaints to obtain enforceable orders

• Securing private service providers when the school cannot or will not deliver

• Ensuring service plans are customized, measurable, and tied to educational benefit

We also advocate for remedies that meet the student’s actual needs, not just “minutes on paper.” A true remedy requires a forward-looking plan—not box-checking.

How Schools Minimize Liability—and How We Push Back

“It was during COVID, so it doesn’t count.”→ The legal duty to provide FAPE continued—even during virtual learning. Disruptions do not excuse systemic denial of services.

“We offered some services later, so it balances out.”→ Compensatory awards are based on educational harm, not the district’s good intentions or partial efforts.

“Your child didn’t regress.”→ Progress is not the only measure—denied access, delayed skills, or emotional distress may also support a claim.

Pitfalls to Avoid

• Failing to track missed services. Keep detailed records of IEP implementation, canceled sessions, and communication with staff.

• Relying on informal promises. Compensatory services must be formally agreed upon or ordered.

• Assuming your child’s struggles are “normal.” Many students internalize or hide educational harm. Don’t discount their need for support.

• Waiting too long. There are strict timelines for filing complaints under IDEA and Section 504.

Why Choose Congruence Law, P.C.

We believe educational injustice deserves a real remedy. When schools fall short, families deserve more than an apology—they deserve action. We help families turn service denial into structured, enforceable plans that give children the opportunity to catch up, heal, and thrive.

If your child missed services due to school inaction, delay, or denial, contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you secure what your child was owed—and reclaim their right to learn on equal footing.