Legal Question in Education Law in California

The right to compensatory education

My son graduated this summer of 2002, During the last several years I have been trying to secure compensatory education for my son after graduation with my son IEP plan, however I have been unsuccesful, The school district had a resoures teacher on staff that taught my son a specific lanuage and spelling program, named as ( Orton- Gillingham: ''Susan Barton Reading And Spelling Program'') Starting from the summer of 2001 to the end of this school year of 6/02. This program is approx. 2 years in length, My dilema is that the resoures teacher has retired this year. The school district has no other person on staff that has experience with teaching the Susan Barton Program. My son has only completed partial tutoring of this program. The school refuses to mediate with me. My son is functioning 5-8 years behind his peers, however he was an IQ of 125. My son stills wants to finish the Susan Barton program. However, the school will not cooperation with my request!

I will be moving out of my school district probably this summer and would like to know if I can still get the compensatory education in an other county, since my son has allready graduate, through the State Department of Education.

Any suggestions would be helpfull.


Asked on 7/13/02, 10:29 pm

1 Answer from Attorneys
Marcy Tiffany Law Offices of Marcy J.K. Tiffany

Re: The right to compensatory education

Normally a school district is only required to provide special education until the child graduates or turns 22 years old. Since your son has graduated, he is no longer eligible for special education from the school district. Compensatory education can sometimes be awarded post graduation, but it would require a due process hearing and decision that the school district failed to provide your child with FAPE within the last three years and that compensatory education would be appropriate. You would really need a lawyer to evaluate your case in detail. I would suggest visiting your local junior college to see if they might be able to provide the program you want through their special education department. If you change school districts, the new district will not have any responsiblity to your child, even if the last school district failed to provide him with FAPE.

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Answered on 7/14/02, 2:06 am


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