Compensatory Services. 77. For each newly identified ELL or Opt Out the District shall offer enrichment services for as long as s/he remains an ELL, to compensate him/her for programming and services s/he did not receive because s/he was not identified previously as an ELL or because s/he was deemed to have “opted out” of the District’s ELL programs and services. The OELL shall review and approve or disapprove all compensatory service program proposals from community-based organizations, and shall also review the programs administered by OELL, to ensure that services are provided by qualified ESL and/or SEI instructional staff, and that each approved program addresses either multi-modal language development or SEI core content-area needs of XXXx. The District shall inform newly identified XXXx, Opt Outs, and their parents/guardians of the availability of the approved compensatory services and the grades and ELD levels they are designed to serve, if specified. The District shall ensure that these programs are offered at a variety of times, in accessible locations, within a reasonable distance of each student’s home. Although the District may prioritize access to compensatory services and may offer programs tailored to specific grade and ELD levels, it shall ensure that all ELL students within the compensation group are provided access to one or more compensatory service programs.
Compensatory Services. The Recipients will offer – and if accepted, provide –a one-time, lump-sum reimbursement or payment for: one (1) hour of XXX services for Student 1 and five (5) hours of college and career advising services for Student 2.1
Compensatory Services. 7. The District agrees to reimburse the Complainant the cost of the Student’s enrollment in the District’s Community Education program, from the start of the 2018-2019 school year through the signing of the Agreement. The District further agrees to fund the Student’s continued enrollment in the District’s Community Education program, from the signing of the Agreement through the end of the 2018-2019 school year.
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:
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. For each student with a disability who attended the School between July 1, 2017 and June 30, 2018, and who is either still enrolled in the School or who returns to the School between October 31, 2018 and March 31, 2019, the School will discuss, at the student’s next regularly scheduled Section 504 or IEP team meeting that takes place at the School, whether the School failed to provide FAPE to the student at any point during 2017-2018.
b. If any such students are identified, the School will determine, at that same meeting, whether the student is owed any compensatory services as a result of the School’s failure to provide FAPE, and if so, what services and on what timeline they will be provided.
c. By December 30, 2018, the School will submit to OCR draft language that will be included in Section 504 or IEP team meeting invitations to parents and guardians, including, but not limited to, OCR’s contact information. 18 See 34 C.F.R. Section 104.32. 19 See 34 C.F.R. Section 104.33. 20 See 34 C.F.R. Section 104.35. 21 See id.
d. The School will promptly and fully address OCR’s feedback, if any, until the School receives OCR’s final approval of the language.
e. The School will use the approved language in Section 504 or IEP team meeting invitations.
f. The School will document the content and outcome of each discussion held pursuant to VII(a) and any compensatory services agreed upon under sections VII(b) and (c).
g. By July 31, 2019, the School will submit to OCR copies of:
i. all meeting invitations;
ii. documentation showing the content and outcome of the discussion;22 and
iii. documentation showing the delivery of compensatory services (as applicable).23
h. The School will promptly and completely address OCR’s concerns, if any, until OCR considers the concerns resolved.
Compensatory Services. The District will offer compensatory services to any student who was enrolled at the Newcomer Academy during the 2023-24 school year, and who was not offered a period of standalone ESL prior to May 1, 2024. The District will offer each student compensatory services in an amount at least equal to the number of hours of ESL the student would have been offered if they had received a daily period of ESL while in the program. The District may credit hours of ESL actually provided to an eligible student during the 2024 summer school session against the total owed to that student, if the District adequately demonstrates to the United States that the student received ESL as defined by this Agreement. The District will ensure that students have the option to receive the compensatory services in the form of academic tutoring or in a classroom setting. Compensatory services will be offered at multiple times to accommodate various student schedules. Within 60 days of the effective date of this Agreement, the District will make good faith efforts to meet individually with students and their parent/guardian if they are under 18, and, in the preferred language of the student and/or parent/guardian, provide notice of the availability of the compensatory services, an explanation of why the services are being offered, and a discussion of the student’s options, based on their circumstances and preferences, for receiving the services.
Compensatory Services. If the Student is deemed to have a need for special education or related aids and services, the District shall convene a Section 504 committee meeting to determine whether compensatory or remedial education services are presently appropriate for the Student, based on Student’s current levels of academic achievement, due to a loss of educational opportunity resulting from the failure to evaluate the Student during the 2015-2016 school year. Where compensatory education services are deemed appropriate, the complainant will be notified (by mail, certified return receipt) of the compensatory education offered by the District.
Compensatory Services. Within thirty (30) calendar days of the date of this agreement, after providing proper written notice to the Student’s parent and with parental consent, a group of knowledgeable persons, including the parent, will determine whether the Student needs compensatory and/or remedial services as a result of the District’s failure to provide the Student: two (2) 30-minute individual speech and language sessions; and eight (8) individual instead of group 30-minute speech and language sessions during the 2014-2015 school year. If so, within one (1) week of its determination, the group will develop a plan for the District, by using its own staff or by paying for another qualified speech and language pathologist (SLP), to provide timely compensatory and/or remedial services with a completion date not to extend beyond the end of the 2016-2017 school year. The District will provide the Student’s parent notice of the procedural safeguards including the right to challenge the group’s determination through an impartial due process hearing.
Compensatory Services. 65. For each newly identified ELL or student previously deemed to have “opted-out” of programs or services for XXXx, the District shall offer compensatory services in the amount necessary to compensate that student, by the time s/he graduates from high school, ( For some kids that could mean as little as 10 minutes a day over 6 years. Also, BPS knows that high school age students are under huge pressure to work after schools, weekends, summer. Compensatory services need to be frontloaded to be meaningful in light of ELL dropout rate. for programming and services s/he did not receive because s/he was not identified previously as an ELL or because s/he was deemed to have “opted out” of the District’s ELL programs and services. The District shall ensure that compensatory services are provided by qualified instructional staff, (how defined?) and that such services address both language development and core content-area needs of the newly identified XXXx. The District shall inform newly identified XXXx, students previously deemed to have “opted-out” of programs or services for XXXx, and their parents/guardians of the availability of compensatory services and shall offer these services at a variety of times, in accessible locations, within a reasonable distance of each student’s home.
