What are compensatory services?

Quick answer

Compensatory services are make-up services intended to remedy a past failure to provide FAPE, such as missed therapy, missed instruction, or extended periods without an appropriate IEP. They are not a reward and not the same as ESY. Amount and type depend on what was lost and what your child needs now to move forward.

What this means for parents

Parents hear sorry and staffing issues. Compensatory services focus on what the child missed and how to address the gap.

• Common triggers include chronic missed speech or OT, failure to implement behavior supports, or long delays in evaluation and services.
• Compensatory services may be provided after school, during breaks, or through added minutes, depending on need.
• You can request compensatory services through the IEP team, state complaint, mediation, or due process.
• Documentation matters: service logs, emails, and your records of missed sessions support your request.
• Compensatory services look forward at what is needed now, not only replaying every missed minute.

Questions to ask about compensatory services

Frame the request around your child's current needs and lost opportunity.

1. How many sessions or hours of [service] were missed during [period]?
2. What skill loss or lack of progress resulted from those missed services?
3. What compensatory services does the team propose to remedy the denial of FAPE?
4. How will compensatory services be documented in the IEP or settlement agreement?
5. What deadline will the district meet to complete make-up services?

Simple parent script

Common mistakes to avoid

• Accepting an apology without a written make-up plan.
• Not tracking missed sessions throughout the year.
• Assuming compensatory services are the same as ESY.
• Letting the district offer a small lump sum that does not match the loss.
• Waiting years to raise a denial of FAPE when evidence is harder to gather.

When to get more help

Consider getting help when the school denies compensatory services after clear missed IEP services, offers an amount that seems too low, or you are considering a state complaint or due process for FAPE denial.