Article on “Comp Ed” Posted by COPAA (5/4/20)

Below is a link to an interesting blog recently posted by COPAA entitled “Let’s not talk “Comp Ed” generally for COVID-19 closure.” Mr. Feinstein makes the point that COMP ED is not an appropriate remedy as COMP ED assumes that the school district is at fault (that it knew or should have known that it was depriving s student of FAPE). And certainly that’s a correct reading of the case law that created COMP ED.

However, not all distance learning is created equal. And there may be circumstances when the school district is at fault (above and beyond the limitations placed on it by the pandemic) when COMP ED is a suitable equitable remedy.

In any case, I appreciate Mr. Feinstein’s perspective and think it’s worth sharing.