How to Request Compensatory Services in Texas When Your IEP Was Delayed

The school calls you to say, "Good news! We finally finished the evaluation."

You look at the calendar. It has been 6 months since you signed the consent form. In Texas, the law requires it to be done in 45 school days.

While you were waiting, your child was struggling—falling further behind in reading, getting suspended for behaviors that should have been supported, or failing classes. The school will try to move forward as if nothing happened. They will offer an IEP starting today.

Do not accept that.

You are owed a legal debt called Compensatory Services (or "Comp Ed"). This is not a favor; it is a remedy for the denial of a Free Appropriate Public Education (FAPE). Here is how to calculate what they owe you and how to demand it.

The "Qualitative" Standard: It's Not Just Minutes

Many parents (and bad school administrators) think Comp Ed is a simple math problem: "You missed 10 hours of speech, so we owe you 10 hours of speech."

Wrong. Courts in Texas favor a "Qualitative Approach."

The legal standard is: What services are required to place the student in the position they WOULD have been in had the district provided FAPE on time?

If your child missed 6 months of reading instruction, 6 months of "make-up" tutoring might not be enough. They might need intensive intervention (boot camp style) to close the gap that widened during the delay.

The Compensatory Services Calculator

Use this logic to build your demand. You need three numbers:

The Formula:

(Days Delayed) x (Service Intensity) + (Regression Factor) = YOUR DEMAND

Step 1: Calculate "Days Delayed"

Find the date you signed consent. Count 45 school days forward. That was the due date. How many school weeks have passed since then?
Example: 12 weeks late.

Step 2: Calculate "Missed Opportunity"

Look at the NEW IEP recommendations. If the IEP says your child needs 45 minutes of dyslexia therapy 4x/week, multiply that by the weeks missed.
Example: 45 mins x 4 x 12 weeks = 2,160 minutes (36 hours).

Step 3: Add the "Regression Factor" (Qualitative)

Did your child regress? Did they start hating school? Did they develop anxiety? You add hours for this impact.
Demand: "I am requesting 50 hours of private tutoring to remedy the educational harm."

Common "Comp Ed" Packages You Can Ask For

Schools hate giving money, but they will often agree to services if you push.

Private Tutoring Reimbursement: The district pays for a private tutor (Lindamood-Bell, Sylvan, etc.) to work with your child after school.
Summer Service Bank: A bank of hours to be used during the summer to prevent regression.
Staff Training: If the delay was caused by incompetence, you can request staff training as part of the remedy.
Transportation Reimbursement: If you have to drive your child to private therapy because the school failed to provide it.

Warning: Don't Sign the "Waiver"

At the ARD meeting, the district might offer you a small amount of services (e.g., "5 hours of tutoring") and ask you to sign a document "closing out" the delay. Do not sign this unless you are 100% satisfied. Once you sign a settlement for compensatory services, you cannot sue for that specific time period again.

How to Make the Demand (The Script)

You need to submit a formal letter to the Director of Special Education before your ARD meeting.

Your email subject line: "Formal Request for Compensatory Services - [Student Name] - SPP 11 Violation"

Mentioning "SPP 11" (the State Performance Plan indicator for timely evaluations) signals that you know their compliance scores are at risk. It usually triggers a faster response.

Download the "Comp Ed" Demand Letter

I have drafted a legally-grounded demand letter that:

✅ Cites the exact Texas Education Code violations
✅ Breaks down your "Qualitative" calculation
✅ Demands a specific response deadline

Get the Demand Letter Template

Don't let them erase 6 months of your child's education.

What If You Want the Complete Strategy?

Calculating services is one thing; getting the district to agree is another. The IEP Battle Plan gives you the negotiation scripts to handle the ARD meeting when they say "no."

$497 one-time payment. Lifetime access.

Learn more about the Battle Plan →

Related Resources

For foundational IEP knowledge:

Texas 60-Day Evaluation Timeline - Understand the deadline they missed.
How to File a TEA Complaint - What to do if they deny your comp services.

Legal Disclaimer: I am a parent with experience in IEP advocacy, not an attorney. This site shares information and personal experience, not legal advice. For legal representation, please consult a special education attorney in your state.