When the School Says There’s No Staff
By: Dr. Gabrielle Baker, President & Advocate
Parents hear it all the time when requesting services, evaluations, related service minutes, or behavior support: “We don’t have the staff.” Schools may be short on special education teachers, paraprofessionals, therapists, or behavioral specialists, but legally, lack of staffing is not a valid reason to deny or delay services. Under federal law, schools must provide what a child needs in order to receive a Free Appropriate Public Education (FAPE), even if they are understaffed or financially strained.
The Individuals with Disabilities Education Act (IDEA) requires schools to provide special education and related services in accordance with the child’s IEP. The law is explicit: services must be provided as written and must be based on the child’s needs, not the school’s convenience. FAPE is guaranteed under 34 C.F.R. § 300.101. Schools also cannot reduce minutes or deny services because they lack personnel. The Department of Education has repeatedly clarified that staffing shortages do not excuse noncompliance or failure to implement an IEP.
Under 34 C.F.R. § 300.323(c), a school must ensure that all services are provided “as soon as possible” following the IEP meeting. There is no exception for staffing shortages. Additionally, 34 C.F.R. § 300.17 defines FAPE as special education and related services provided “at public expense, under public supervision and direction, and without charge.” This means the school is responsible for figuring out staffing, contracting providers if needed, or adjusting schedules, none of which can delay or deny your child’s access to services.
If the school cites a lack of staff, parents should request written documentation through Prior Written Notice (PWN). Under 34 C.F.R. § 300.503, the district must provide a written explanation that includes the reason for refusing or changing services, the data relied upon, and the alternatives considered. When a school is forced to put “no staff available” into a legally required notice, it becomes clear that such reasoning is not defensible under IDEA.
Section 504 of the Rehabilitation Act includes similar protections. Schools must provide accommodations, modifications, and related aids necessary for the student to access learning. A district cannot claim insufficient staffing as a justification for failing to implement a 504 Plan. Denial of access due to staffing shortages may constitute discrimination based on disability under 29 U.S.C. § 794.
When districts are short-staffed, they still have options. They can contract outside providers, reassign staff, provide compensatory services, adjust schedules, or hire temporary support. What they cannot do is leave a child without services outlined in their legally binding plan. Courts have consistently held that logistical or administrative barriers do not supersede a child’s right to FAPE.
If you are told “we don’t have the staff,” ask for the statement in writing, request PWN, reference the regulations above, and document every interaction. If services are missed, request compensatory minutes. If delays continue, a state complaint may be appropriate, as failure to implement an IEP is a clear violation under IDEA and is enforceable at the state level.
Lack of staffing is a school problem, not a child problem. The law protects your child’s right to receive the services they need, and schools must find solutions regardless of internal shortages. Education Advocates of America helps families ensure that districts uphold these responsibilities and that no child loses essential support due to staffing issues.
