Common use of Compensatory Services Clause in Contracts

Compensatory Services. a. Within twenty (20) calendar days of this Agreement being signed, the School will provide to OCR a draft letter, addressed to the Complainant, offering the Complainant XXXX compensatory speech services for the Student. In the letter, the School may offer to pay the Complainant directly or may offer to pay a provider of the Complainant’s choosing (e.g., a private provider or the Student’s new school district), or the School may allow the Complainant to choose between the two aforementioned payment arrangements. The letter will specify: i. the specific amount of money being offered, which shall be consistent with fair market hourly rates of contracted, qualified speech pathologists; ii. that, if the Complainant responds to the offer, the response must be in writing; iii. the name, title or position, phone number, mailing address, and email address for the person to whom the Complainant shall direct his response, if any; and iv. that the Complainant has fifteen (15) calendar days to respond to the offer. b. The School will promptly and fully address OCR’s feedback, if any, until the School receives OCR’s final approval of the letter. c. Within ten (10) calendar days of receiving OCR’s final approval of the letter, the School will send the approved letter to the Complainant and OCR. The letter may be sent via email or certified mail. d. If the Complainant fails to respond to the offer within the specified fifteen (15) calendar days, the School will notify OCR within twenty-five (25) calendar days of the date the letter was sent. If the Complainant responds within fifteen (15) calendar days, the School will provide OCR with a copy of the response within ten (10) calendar days of the School receiving the response. e. If the Complainant accepts the School’s offer, the School will, within fifteen (15) calendar days of receiving the Complainant’s acceptance: i. send payment to the Complainant or provider; and ii. submit to OCR a copy of documentation showing that it made the payment, and any accompanying correspondence.

Compensatory Services. a. Within twenty sixty (2060) calendar days of this Agreement being signed, the School District will provide convene a group of persons to OCR a draft letter, addressed determine whether the Student is entitled to the Complainant, offering the Complainant XXXX any compensatory speech services for accommodations and services not provided from the beginning of the school year through September 2017. In discussing possible compensatory services, the group will first consider whether the School failed to implement the Student’s Section 504 plan during the specified time period, and if so, whether that failure resulted in the Student being denied a free appropriate public education (FAPE). If the group decides that the Student is entitled to compensatory services, the group will then determine the type and amount of services owed and develop a written plan for providing those compensatory services to the Student. In the letter, the School may offer to pay the Complainant directly or may offer to pay a provider of the Complainant’s choosing (e.g., a private provider or the Student’s new school district), or the School may allow the Complainant to choose between the two aforementioned payment arrangements. The letter District will specifyensure that: i. Any decisions reflect the specific amount judgment of money being offered, which shall be consistent with fair market hourly rates the group and not the judgment of contracted, qualified speech pathologistsa single individual; ii. that, if The group includes School staff who have knowledge of the Complainant responds to matters being considered by the offer, the response must be in writinggroup; iii. The Complainant is invited to the namemeeting; iv. The Complainant is permitted to invite persons knowledgeable about the child to attend the meeting; and v. The group considers all information provided by the Complainant (and Student, if he attends). If the group decides that compensatory services are owed to the Student, the District will promptly notify the Complainant, in writing, of the compensatory services being offered, at no cost to the Complainant or Student, and the proposed, prompt initiation date of such services. b. Within twenty (20) calendar days of the meeting described in Term III(a), the District will submit documentation to OCR that includes: i. A list of the individuals who attended the meeting, and each individual’s name and title or position, phone number, mailing address, ; ii. Documentation of the District’s invitation to the Complainant to attend the meeting and email address provide her input; iii. A copy or summary of the information the group considered in reaching its determination regarding whether compensatory services are appropriate for the person to whom the Complainant shall direct his response, if anyStudent; and iv. Notes from the meeting documenting that the Complainant has fifteen (15) calendar days to respond to group carefully considered input from persons knowledgeable about the offer. b. The School will promptly and fully address OCR’s feedback, if any, until the School receives OCR’s final approval of the letterStudent. c. Within ten (10) calendar days of receiving OCR’s final approval of If the lettergroup decides that compensatory services are owed to the Student, the School District will send the approved letter also submit to the Complainant and OCR. The letter may be sent via email or certified mail. d. If the Complainant fails to respond to the offer , within the specified fifteen twenty (15) calendar days, the School will notify OCR within twenty-five (2520) calendar days of the date the letter was sent. If meeting described in Term III(a): i. Documentation that the Complainant responds within fifteen was notified, in writing, of the compensatory services offered; ii. A summary of the information the group considered in reaching its determination regarding the type and amount of compensatory services owed to the Student; and iii. A plan for the prompt provision of compensatory services to the Student at no cost to the Complainant or Student. d. OCR will review the District’s submission(s) pursuant to Term III(b) (15and, if necessary, Term III(c)) calendar daysand communicate any concerns to the District. The District will promptly respond to OCR’s concerns, if any. e. After OCR has reviewed and accepted the determinations of the group, the School District will provide OCR with a copy of take steps to implement the response within ten compensatory services, if any, agreed upon by the IEP Team. f. Within ninety (1090) calendar days of the School receiving the response. e. If the Complainant accepts the School’s offermeeting, the School willDistrict will submit documentation to OCR demonstrating that all of the compensatory services, within fifteen (15) calendar days of receiving if any, as determined by the Complainant’s acceptance: i. send payment Team, have been provided to the Complainant or provider; and ii. submit to OCR a copy of documentation showing that it made the payment, and any accompanying correspondenceStudent.