Reimbursement and Compensatory Time

[MRogalla]

Has anyone been able to receive reimbursement and or compensatory time without due process or mediation? What is your experience in seeking one or both of these outcomes?

[Carolyn Rowlett]

I haven't had to go through either of those processes.  But a client of mine did file a state complaint and was successful in getting compensatory services through that route.  If you have good facts, that might be an easier route to try first.

[JSD24]

Families who receive settlement agreements for comp time (or any other reason) need to sign non-disclosure agreements so it's hard for info to be shared.  In my area, there was an article about this (Philadelphia Inquirer carried it - see below).  Like Carolyn said, filing a state complaint is one route to getting funds when a school fails to provide FAPE.  I'm in PA and the complaint form asks what would the person filling out the form want to see as the resolution of the complaint.  Saying that having the school provide funding for compensatory services is something to put on the form if this is what a family wants.  I've heard stories where lawyers got involved and were able to get a settlement agreement for compensatory services for families outside of mediation or due process as going these route cost school districts additional lawyer fees.  In my area, there are law firms who take cases on a contingency basis.  With a contingency basis, the lawyers are only paid when the case results in a settlement from the school.  Needless to say, it's the bigger law forms that do this.

Link to article:  https://www.inquirer.com/education/special-education-programs-philadelphia-region-deficiencies-due-process-settlements-20250805.html?id=hw81GFuWaPeFr&utm_source=social&utm_campaign=gift_link&utm_medium=referral&fbclid=IwY2xjawMIVVJleHRuA2FlbQIxMABicmlkETFjcExDWm5rMGdvbFdWa2dqAR7mEMHyrBBqBJukiofL2ZzR_xBduS9zjCCZTF7WStIB10l_aO7BK_LPTf8XEQ_aem_R_1oOUbJvrgZz5nodeTiVg