Compensatory Services. The District will invite the Complainant, in writing, to an Individualized Education Program (IEP) meeting.1 The purpose of the meeting will be to discuss whether compensatory education is owed to the Student. In making this determination, the team will consider, at a minimum, whether the District failed to: a. Implement the Interpersonal/Social Skills instruction in the Student’s IEP. b. Failed to implement the following accommodations listed in the Student’s IEP: i. seat [the Student] in a location that he can easily attend to the instruction being held and reduce distractions; ii. provide consistent opportunities for structured movement breaks including running an errand for the teacher, passing out papers, stacking chairs, running laps, gross motor exercises, etc.; iii. reduce visual stimulation on assignments and assessments by covering up part of the page, putting less problems on the page, or highlighting key information; iv. provide [the Student] with positive feedback and praise as often as possible; v. decrease the amount of distracting information in the environment; vi. provide multi-sensory experiences; vii. allow more time to complete written assignments; viii. reduce writing demands; and ix. [The Student] will be allowed to see the school counselor, special education teacher, or special education paraprofessional when he is frustrated, upset or shuts-down. c. Provide the Student with an opportunity to make-up instruction and assignments that he missed while being pulled out of the regular classroom to receive special education and related services. 1 The invitation and IEP team composition will meet all relevant regulatory requirements. The District will provide the Complainant with a meaningful opportunity to provide input into the determination, written notice of the determination made, and written notice of the procedural safeguards available to them under 34 C.F.R. § 104.36, including their right to challenge such determinations through an impartial due process hearing should they disagree. After OCR has reviewed and accepted the determination of the team, the District will take steps to implement the compensatory services, if any, determined by the IEP team.2 1. a copy of the IEP meeting invitation; 2. a copy of the IEP signature page with signatures indicating the attendance of meeting participants; 3. documentation that the District provided the Complainant with her procedural safeguards; 4. a copy of the IEP3; 5. documentation of any input provided by the Complainant; 6. the team’s decision regarding compensatory education, a narrative explaining the rationale for the decision, and whether the Complainant agreed with the decision; 7. documentation indicating that procedural safeguards were provided to the Complainant; and 8. any other documentation relevant to the compensatory education determination.
Appears in 1 contract
Sources: Resolution Agreement
Compensatory Services. The District will invite the Complainant, in writing, to an Individualized Education Program (IEP) meeting.1 The purpose reported that it completed a special education evaluation of the Student on November 12, 2019 but has not yet completed an eligibility meeting. At the Student’s eligibility meeting the District will be to discuss ensure that the IEP team discusses whether compensatory education is owed to the Student. In making this determination, the team will consider, at a minimum, whether the District failed to:
a. Implement the Interpersonal/Social Skills instruction in the Student’s IEP.
b. Failed to implement the following accommodations listed in the Student’s IEP:
i. seat [the Student] in a location that he can easily attend to the instruction being held and reduce distractions;
ii. provide consistent opportunities for structured movement breaks including running an errand for the teacher, passing out papers, stacking chairs, running laps, gross motor exercises, etc.;
iii. reduce visual stimulation on assignments and assessments by covering up part of the page, putting less problems on the page, or highlighting key information;
iv. provide [the Student] with positive feedback and praise as often as possible;
v. decrease the amount of distracting information in the environment;
vi. provide multi-sensory experiences;
vii. allow more time to complete written assignments;
viii. reduce writing demands; and
ix. [The Student] will be allowed to see the school counselor, special education teacher, or special education paraprofessional when he is frustrated, upset or shuts-down.
c. Provide timely evaluate the Student with when the Complainant requested an opportunity to make-up instruction and assignments that he missed while being pulled out of the regular classroom to receive special education and related services.
1 The invitation and IEP team composition will meet all relevant regulatory requirementsevaluation on February 12, 2019. The District will provide the Complainant with a meaningful opportunity to provide input into the determination, written notice of the determination made, and written notice of the procedural safeguards available to them under 34 C.F.R. § 104.36, including their right to challenge such determinations through an impartial due process hearing should they disagree. After OCR has reviewed and accepted the determination of the team, the District will take steps to implement the compensatory services, if any, determined by the IEP team.2team.1
1. a copy of the IEP eligibility meeting invitation;
2. a copy of the IEP signature page with signatures indicating the attendance of meeting participants;
3. documentation that the District provided the Complainant with her procedural safeguards;
1 Except in extraordinary circumstances, OCR does not typically substitute its judgment for the decisions made by a Section 504 team or an IEP team that is properly constituted and that takes appropriate actions in light of the requirements of due process. In the event that the Section 504 or IEP teams propose compensatory services or remedial actions and those actions are clearly insufficient to provide equitable relief to the Student, OCR will notify the Recipient(s) of its concerns, and the Recipient(s) will consider and respond to any feedback from OCR with respect to the proposed compensatory services or remedial measures.
4. a copy of the IEP3IEP or Section 504 plan drafted, if the Student was found eligible for an IEP or Section 504 plan.2;
5. documentation of any input provided by the ComplainantComplainant at the eligibility meeting;
6. if the Student was found eligible for an IEP or Section 504 plan, the team’s decision regarding compensatory education, a narrative explaining the rationale for the decision, and whether the Complainant agreed with the decision;
7. documentation indicating that procedural safeguards were provided to the Complainant; and
8. any other documentation relevant to the compensatory education determination.
Appears in 1 contract
Sources: Resolution Agreement