Despite district’s delay with assessment, student was not entitled to additional compensatory services

The mother of a 6-year-old child with autism brought a complaint against the child’s school district under the Individuals with Disabilities Education Act (IDEA).  Among her multiple claims, the mother alleged the district had unreasonably delayed completing her son’s Functional Behavioral Analysis (FBA) over a two-year period.  The district countered that the student, like many of his peers, was learning virtually during this period because of COVID-19, and that an FBA could not be accurately completed in a home setting.  The Court concluded the district’s delay constituted a procedural violation of the IDEA; however, the delay did not rise to the level of a substantive violation, as there was insufficient evidence that the student lost educational opportunities as a result.  As there was no substantive violation, the student was not entitled to compensatory services beyond the 41 hours previously offered by the district.