California Special Education
IEP Compensatory Education
Demand Packet
Prepared July 10, 2026 · No Logs — Records Demanded
Section 1 — IEP Mandated Servicesp.2
Section 2 — Service Delivery Analysisp.3
Section 3 — Compensatory Education Demandp.4
Section 4 — IEP Meeting Agenda & Prepp.5
Section 2
Service Delivery Analysis
⚠ No Service Delivery Records on File
No delivery logs have been entered in this case. As documented in the accompanying Records Demand Letter, the district's failure to produce delivery records is itself evidence that mandated IEP services were not fully delivered (Van Duyn v. Baker, 9th Cir. 2007).
The IEP service grid requires the following total mandated minutes during the IEP period. Until delivery records are produced, the full amount is presumed owed:
Section 3
Compensatory Education Demand
Compensatory Education Owed (Pending Records)
TBD / Up to 0.0 hrs
Pending receipt of delivery records — full 0 min mandated per IEP
The Individuals with Disabilities Education Act, 20 U.S.C. § 1401 et seq., and California Education Code §§ 56000–56885 require that a student’s IEP be implemented as written. A school district’s material failure to implement mandated IEP services constitutes a denial of a Free Appropriate Public Education (FAPE).
Because the Test Unified has not produced service delivery logs for the 2024-2025 school year, the precise shortfall cannot yet be calculated. However, under California law and Ninth Circuit precedent, the district’s failure or refusal to produce records is itself evidence that mandated services were not delivered. The student is presumed entitled to compensatory education equal to all mandated IEP services for any period for which delivery cannot be documented — up to 0.0 hours (0 minutes) of total mandated time.
Van Duyn v. Baker School District 5J, 502 F.3d 811, 822 (9th Cir. 2007): “A school district's failure to implement the services specified in a student's IEP constitutes a denial of FAPE.” — Material failure to implement IEP services = FAPE denial under Ninth Circuit precedent.
Park v. Anaheim Union High School District, 464 F.3d 1025, 1033 (9th Cir. 2006): Compensatory education is the established remedy for IEP implementation failures; the measure is hours owed under the IEP minus hours actually delivered.
California Education Code § 56521.1: Service providers must document and maintain records of all services rendered.
California Education Code § 56505(l): Two-year statute of limitations for due process claims in California, running from when the parent knew or should have known of the alleged violation.
California Education Code § 49069: Districts must make pupil records available for inspection within five (5) business days of a written request.
Demands
On behalf of the student T.S. and parent/guardian, we demand that the Test Unified:
- Immediately convene an IEP team meeting to review the compensatory education analysis in this packet;
- Agree in writing to a compensatory education remedy specifying hours, provider(s), timeline, and a compensatory service schedule;
- Produce all service delivery logs within five (5) business days per the accompanying Records Demand Letter (Cal. Ed. Code § 49069);
- Confirm in writing at the IEP meeting that the district acknowledges the shortfall and accepts responsibility for the remedy.
Respectfully submitted,
Printed name:
Role: Date:
Phone: Email:
Section 4
IEP Meeting Agenda & Preparation
Pre-Meeting Checklist
Print 3 copies of this packet (you, district, your records)
Bring all IEP documents for 2024-2025 (original IEP + any amendments)
Bring all written communications (emails, letters) about service delivery or cancellations
Bring the Records Demand Letter and proof of delivery (certified mail receipt or email)
Write down specific dates/sessions you know were missed, cancelled, or shortened
Prepare your list of questions before the meeting
Contact your advocate or attorney at least 48 hours before the meeting
Confirm the meeting date/time has not been pushed to run out the SOL clock
Meeting Agenda
1
Welcome & Introductions
Note names, roles, and titles of all attendees. Confirm whether the meeting will be recorded per 34 C.F.R. § 300.322(c) and Cal. Ed. Code § 56341.1.
2
State the Purpose of the Meeting
“We are here today to discuss T.S.’s compensatory education rights arising from the district’s failure to fully implement the IEP during the 2024-2025 school year.”
3
Present the Compensatory Education Analysis
Walk through this packet: Section 1 (mandated services), Section 2 (delivery shortfall or absence of logs), Section 3 (hours owed and legal authority). Provide copies to all district attendees.
4
District Response to Demand
Ask: “Does the district acknowledge the shortfall documented here? What is the district’s position on compensatory education?” Record the response verbatim in meeting notes.
5
Negotiate the Comp-Ed Remedy
Discuss: total hours, qualified provider(s), delivery timeline, location, and a written compensatory service plan incorporated into the IEP. Push for the same service type (speech for speech, OT for OT).
6
Address Pending Records Request
If a Records Demand Letter is pending: “Has the district produced all delivery logs within the five-business-day deadline?” Document the district’s response.
7
Review Current IEP Goals
Confirm goals are appropriate. Ensure compensatory services will be provided in addition to, not in lieu of, current IEP services.
8
Signature and Meeting Notes
Review notes before signing. You may sign “in attendance only” or note objections in writing. Do not sign any document that inaccurately reflects services as delivered.
9
Next Steps
Document action items, responsible parties, and deadlines. Request a copy of the signed IEP and meeting notes before leaving.
Questions to Ask the District
Q:What are the specific dates and durations of every mandated service session delivered to T.S. during 2024-2025?
Q:For any sessions that did not occur, what was the reason, and was a make-up offered? When and for how long?
Q:Does the district acknowledge that a compensatory education remedy is owed?
Q:What compensatory education remedy is the district prepared to offer today, in writing?
Q:Who will provide the compensatory services, and when will delivery begin?
Q:Will compensatory services be in addition to current IEP services (not substituted for them)?
Q:Has the district produced all service delivery logs and provider timesheets? If not, when?
Q:Who at the district level is responsible for ensuring compensatory services are scheduled and delivered?