Compensatory Education: What is it and Do I Need

Transcript:Compensatory Education: What is it and Do I Need:
Compensatory Education: What is it and Do I Need it? Karem Castane-Blanco, Staff Attorney Advocacy, Education, Outreach Team Disability Rights Florida Funding, responsibility, and authority under nine federal programs to protect the rights of Floridians with disabilities A not-for-profit corporation since 1987 Offices in Tallahassee, Tampa, Hollywood, and Gainesville Satellite offices in several other communities Our Mission To advance the quality of life, dignity, equality, self determination, and freedom of choice of persons with disabilities through collaboration, education, advocacy, as well as legal and legislative strategies. About Your Presenter Ms. Castane-Blanco has worked with Disability Rights Florida since 2019. She received her law degree from St. Thomas University School of Law, and her Bachelor of Science from the University of Central Florida. Ms. Castane-Blanco is a member of the Florida State Bar. She is a Staff Attorney with Disability Rights Florida on the Advocacy, Education, and Outreach Team. Ms. Castane-Blanco’s work focuses primarily on primary and secondary special education. Ms. Castane-Blanco is admitted to practice in the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida. What We Will Cover What is Compensatory Education Case Examples and Laws Advocacy and Legal Strategies Hypotheticals Legal Authority Where is compensatory education found in the Individuals with Disabilities Education Act (IDEA)? It is not. Compensatory Education has been established through case law when there is a failure of an educational agency to provide FAPE to a student with a disability as required by IDEA. G v. Fort Bragg Dependent Sch. 343 F.3d 295, 309 (4th Cir. 2003) IDEA “authorizes the court to ‘grant such relief as the court determines appropriate’”. Bd. Of Educ. Of Oak Park & River Forest High Sch. Dist. 200 v. Todd A., 79 F.3d 654, 656 (7th Cir. 1996). IDEA The IDEA makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the nation and ensures special education and related services to those children. * Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400, et seq. and its implementing regulations at, 34 C.F.R. Part 300. IDEA: Eligibility To be eligible for special education under the IDEA, a child must have a disability under one of the following categories and must need special education services and related services: Autism Spectrum Disorder Deaf or Hard-of-Hearing Developmentally Delayed Dual-Sensory Impairment Emotional/Behavioral Disability Intellectual Disabilities Language Impairment Orthopedic Impairment Other Health Impairment Specific Learning Disabilities Speech