Common use of Compensatory Education Clause in Contracts

Compensatory Education. The Division will provide prior written notice to all parents or guardians of students with disabilities or eligible students stating that by the end of the 2022-2023 school year, the Division will convene Section 504 and Individualized Education Program (IEP) meetings for each student. During these meetings, the Section 504 knowledgeable committees or IEP teams will make a determination and document the determination made regarding whether a student was provided regular or special education and related aids and services designed to meet their individual needs during the Pandemic Period. To make this determination, Section 504 knowledgeable committees and IEP teams will consider and document the following: 1. Whether the Division, during the Pandemic Period, failed to provide the student with 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. a. In making this determination, Section 504 knowledgeable committees or IEP teams will determine whether the student received the amount of and the type of the regular or special education, and related aids and services that were required by the Section 504 plan or IEP that was in effect April 14, 2020. The services provided by parents or guardians during the Pandemic Period will not be counted as services provided by the Division. For example, for a student whose IEP called for one-on-one assistance by a paraprofessional, if that assistance was in fact provided by a parent or guardian, the Division may not count the provision of that assistance as a service provided by the Division. b. The Division will provide the student’s parent or guardian access to the information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs. c. The Division will notify the parent or guardian of the process to challenge the determination made by the Section 504 or IEP team regarding whether or to what degree services were provided to the student during the Pandemic Period, consistent with Section 504 procedural safeguards. 2. Whether changes to the student’s Section 504 plan or IEP that were made during the Pandemic Period, including any Temporary Learning Plans (TLPs), Virtual IEPs, or other remote learning plans that were developed, were based on the student’s individualized educational needs, particularly where changes resulted in lesser services being provided to the student than the Section 504 plan or IEP in effect prior to the changes. 3. For students with IEPs, whether the student’s goal progress was impacted by remote learning provided during the Pandemic Period. To make this individualized determination, the IEP team will consider, at minimum: a. the student’s present levels of academic achievement and functional performance; b. the student’s previous rate of progress toward IEP goals pre-Pandemic Period; and c. the documented frequency and duration of special education and related services provided to the student prior to the service disruptions caused by the COVID-19 pandemic.

Compensatory Education. The Division District agrees to (i) provide the Student with compensatory education services in the form of: 20 hours of speech and language services; 45 hours of individual counseling; and 50 hours of academic tutoring. The compensatory hours will be provided by qualified District staff. The District will develop (and provide prior to OCR for its review and approval) a plan and timeline for providing these compensatory services to the Student. Or, in the alternative, the District agrees to (ii) provide proper written notice to the Student’s Parents and offer to convene a Section 504 or IEP meeting with knowledgeable persons, including the Student’s Parents and all parents relevant District and/or Schools administrators, faculty and staff to determine: (1) when the District/Schools suspected or guardians had reason to suspect that the Student needed or may have needed special education or related services due to a disability during the time he was enrolled in the District; and (2) the type and amount of students with disabilities compensatory services to address the District’s failure to provide regular and/or special education or eligible students stating that by related services once it had reason to suspect the end Student may have a disability, including as a result of discipline of the 2022-2023 school yearStudent for the April XX, the Division will convene 2017 incident. The Section 504 and Individualized Education Program (IEP) meetings for each student. During these meetings, the Section 504 knowledgeable committees or IEP teams team will make develop a determination and document plan for providing the determination made regarding whether a student was provided regular or special education and related aids and services designed to meet their individual needs during the Pandemic Period. To make this determination, Section 504 knowledgeable committees and IEP teams will consider and document the following: 1. Whether the Division, during the Pandemic Period, failed to provide the student with 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. a. In making this determination, Section 504 knowledgeable committees or IEP teams will determine whether the student received the amount of and the type of the regular or special education, and related aids and compensatory services that were required by the Section 504 plan or IEP that was in effect April 14, 2020are determined to be appropriate. The services provided by parents or guardians during the Pandemic Period will not be counted as services provided by the Division. For example, for a student whose IEP called for one-on-one assistance by a paraprofessional, if that assistance was in fact provided by a parent or guardian, the Division may not count the provision of that assistance as a service provided by the Division. b. The Division District will provide the studentStudent’s parent or guardian access to Parents notice of the information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, procedural safeguards including the option to review IEP or Section 504 service logs. c. The Division will notify the parent or guardian of the process right to challenge the group’s determination made through an impartial due process hearing. By December 3, 2017, the District will provide OCR, for OCR’s review and approval, documentation verifying the compensatory services to be provided to the Student, including its plan and timeline for providing these compensatory services, in accordance with Section B.a.i. above; or, will provide OCR with a copy of the proper written notice it sent to the Students’ Parents, in accordance with Section X.x.xx. above. If a Section 504 or IEP meeting is convened, by December 15, 2017, the District will provide OCR with meeting notes from the Section 504 or IEP team regarding whether or to what degree services were provided to the student during the Pandemic Periodmeeting, consistent with Section 504 procedural safeguards. 2. Whether changes to the student’s Section 504 plan or IEP that were made during the Pandemic Period, including any Temporary Learning Plans (TLPs), Virtual IEPs, or other remote learning plans that were developed, were based on the student’s individualized educational needs, particularly where changes resulted in lesser services being provided to the student than the Section 504 plan or IEP in effect prior team’s determination regarding the compensatory services that will be provided, its plan for providing compensatory services to the changes. 3. For students with IEPsStudent, whether and the studentbasis for the team’s goal progress was impacted by remote learning provided during the Pandemic Period. To make this individualized determination, including why (and when) the IEP team will considerdetermined the District had reason to suspect the Student had a disability, at minimum: a. as well as documentation that the studentDistrict provided the Student’s present levels of academic achievement and functional performance; b. the student’s previous rate of progress toward IEP goals pre-Pandemic Period; and c. the documented frequency and duration of special education and related services provided Parents procedural safeguards with respect to the student prior meeting. If the Student’s Parents decline the District’s offer to convene the service disruptions Section 504 or IEP meeting referenced in Section X.x.xx. above, the District will provide OCR with documentation of its offer and the Parents’ decision to decline the offer by December 15, 2017. The District will provide OCR with documentation that it has provided the compensatory services by June 30, 2019. The District will not be obligated under this Agreement to provide any outstanding compensatory hours after June 30, 2019, unless the failure to provide any such services by June 30, 2019 was caused by the COVID-19 pandemicDistrict.

Compensatory Education. The Division District will provide prior written notice to convene IEP team meetings for all parents or guardians of students with disabilities or eligible students stating that by who attended the end of School during the 2022-2023 23 school year, year who were identified pursuant to Term 1 as not having received all the Division will convene Section 504 and Individualized Education Program (IEP) meetings for each student. During these meetings, the Section 504 knowledgeable committees or IEP teams will make a determination and document the determination made regarding whether a student was provided regular or special education and related aids and services designed to meet their individual needs during the Pandemic Period. To make this determination, Section 504 knowledgeable committees and IEP teams will consider and document the following: 1. Whether the Division, during the Pandemic Period, failed to provide the student with 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. a. In making this determination, Section 504 knowledgeable committees or IEP teams will determine whether the student received the amount of and the type of the regular or special education, and related aids and services that were required by the Section 504 plan or IEP that was in effect April 14, 2020. The services provided by parents or guardians during the Pandemic Period will not be counted as services provided by the Division. For example, for a student whose IEP called for one-on-one assistance by a paraprofessional, if that assistance was in fact provided by a parent or guardian, the Division may not count the provision of that assistance as a service provided by the Division. b. The Division will provide the student’s parent or guardian access to the information recorded by the Division regarding the amount of special education, related aids or services provided during the Pandemic Period, including the option to review IEP or Section 504 service logs. c. The Division will notify the parent or guardian of the process to challenge the determination made by the Section 504 or IEP team regarding whether or to what degree services were provided to the student during the Pandemic Period, consistent with Section 504 procedural safeguards. 2. Whether changes to the student’s Section 504 plan or IEP that were made during the Pandemic Period, including any Temporary Learning Plans (TLPs), Virtual IEPs, or other remote learning plans that were developed, were based on the student’s individualized educational needs, particularly where changes resulted in lesser services being provided to the student than the Section 504 plan or IEP in effect prior to the changes. 3. For students with IEPs, whether the student’s goal progress was impacted by remote learning provided during the Pandemic Period. To make this individualized determination, the IEP team will consider, at minimum: a. the student’s present levels of academic achievement and functional performance; b. the student’s previous rate of progress toward IEP goals pre-Pandemic Period; and c. the documented frequency and duration of special education and related services required by their IEPs while a student at the School during the 2022-23 school year. The students’ IEP teams must consider and discuss whether compensatory services are needed by the student as a remedy for the special education and related services not provided during the 2022-23 school year and, if so, develop a compensatory education plan for the student that specifies the type of services to be provided to the student prior student, the manner in which the services will be provided, when the services will be provided, the individuals responsible for providing the services, and the length of time the services will be provided.2 REPORTING REQUIREMENT 2A: Within 90 calendar days of OCR’s approval of the list of students required by Term 1, the District will provide OCR with a copy of all compensatory education plans developed pursuant to Term 2 and the service disruptions caused by IEPs in effect during the COVID-19 pandemic2022-23 school year for those students for whom compensatory education plans are developed. For all students for whom the IEP teams determine compensatory services are not needed, the District will provide documentation explaining the basis for the team’s decision. The District agrees to fully and promptly respond to OCR’s concerns, if any, until OCR notifies the District that the compensatory education plans have been approved. REPORTING REQUIREMENT 2B: The District will provide OCR with documentation demonstrating the provision of the services in the students’ compensatory education plans developed pursuant to Term 2 within 90 calendar days of OCR’s approval of the compensatory education plans and every 90 calendar days thereafter, until the District has completed providing all the services set forth in the compensatory education plans.