On October 23, 2019, OSEP published a letter
to “Anonymous” about the provision of compensatory education, as part of a
complaint resolution, after a family relocates to a new state. This informal
guidance can be useful to highly mobile military families.
Note that the informal guidance in the letter isn’t legally
binding; it’s an “interpretation by the U.S. Department of Education of the
requirements of IDEA in the context of specific facts provided.” The letter
states that “if an SEA’s complaint resolution decision has ordered relief
(e.g., compensatory education) that can reasonably be implemented in a new
State and the parent does not reject the remaining compensatory services, the
SEA must ensure the decision is implemented in the new State.” The end notes
give references for how that might be done based on two lawsuits regarding
out-of-district moves and claims for compensatory education.
the entire letter