All school districts are required to provide special education and to provide related services consistent with students’ IEPs.[1] School districts cannot use the excuse of staffing shortages to avoid or to stop providing your child with services required by your child’s IEP.
If the school district is not providing your child with the related services in their IEP, or is attempting to remove them, due to staffing shortages in violation of their right to FAPE, you have the right to file for a Due Process hearing or a noncompliance complaint with the California Department of Education. See SERR Chapter 6, Information on Due Process/Complaint Complaints.
If your child is not receiving their related services because of insufficient staffing, you should request an IEP meeting to discuss how the district will make up the IEP services your child has missed and how they will identify a new, qualified provider. The IEP team cannot remove a related service from your child’s IEP because they do not have appropriate staff. If this occurs, you do not have to consent and may attach a written dissent to the IEP document to make your position clear.[2] The school district must then provide you with written notice (“Prior Written Notice”) explaining its decision. See Chapter 4, Information on the IEP Process.