When an IEP service has been missing for weeks or months, parents often want to know whether the lost support can be addressed. The term “compensatory services” refers to additional support considered in response to a past failure to provide appropriate services. It is an individualized question. A missed-session log is important evidence, but it does not automatically establish a fixed number of replacement hours.
You can begin by asking the school to review the gap. You do not need to use legal language or calculate a remedy before you send the first email.
Put the service gap in one clear timeline
Start with the current IEP and any amendments. Write down what service was required, when the recommendation took effect, and how often and for how long it was to be provided. Then list what actually happened: confirmed sessions, confirmed cancellations, periods with no assigned provider, and dates that remain unclear. Keep school closures and your child’s absences separate.
Collect the school’s emails, provider updates, progress reports, and relevant work samples. Include your observations about the child’s progress or access to school, but describe them as observations. “My child needed more help following classroom directions during this period” is more useful than assuming every difficulty resulted from the missed service.
Ask for an individualized review in writing
Send a concise request to the case manager, school, or CSE contact. An example is: “My child’s IEP recommends two speech-language sessions each week. The school confirmed that no provider was assigned from October 3 through November 14. Please tell me what services were actually delivered, when regular service will begin, and how the team will review whether additional support is needed to address the gap.” Replace the details with your child’s facts.
The request has two parts. One addresses the future: a reliable plan for delivering the current IEP. The other addresses the past: whether the child needs additional support because appropriate services were not delivered. Ask the school to respond to both. If the team meets, request notes or a written summary of what it considered and decided.
If you want a simple subject line, use “Request to review missed IEP services and additional support.” In the body, identify the current IEP, the confirmed dates of the gap, and three requests: a record of actual service delivery, a plan for the current mandate, and an individualized review of the earlier loss. Do not guess at a fixed number of hours if the record is still incomplete.
What should the review consider?
The U.S. Department of Education has described compensatory services as an equitable, individualized response to past failures or inability to provide appropriate services. Its guidance discusses comparing the IEP with actual service delivery and considering the child’s needs and progress. That guidance arose in the context of pandemic disruptions, so it is a useful explanation of the concept, not a one-size-fits-all rule for every present-day dispute.
In practice, relevant information may include the nature and duration of the gap, the service goals, the child’s current skills, progress reports, and whether a proposed form of additional support would address the child’s needs. The answer may differ from a simple minute-for-minute calculation. No outcome should be promised before the record and circumstances are reviewed.
If the response is incomplete
Ask which records the school relied on and what information is still missing. If service delivery is still uncertain, request a current schedule and responsible contact. NYC Public Schools lists special-education and related-services contacts that families can use to raise concerns. Some disputes may require legal advice or a formal process; an advocate can help identify when an attorney’s review is appropriate.
NYC IEP Advocacy works with families who have an existing NYC IEP and a history of services not being delivered. Bring the IEP, your timeline, and the school’s responses to a free 15-minute screening. The call can clarify whether the case fits the organization’s work and what information is needed next. This article is general information, not legal advice. NYC IEP Advocacy is not a law firm.
