Compensatory Education and Relocating Families

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.

Read the entire letter