If your child has an Individualized Education Program (IEP) or a 504 Plan, you may have heard excuses like “we’re short-staffed,” “that’s not in our budget,” or “I already have too many students on my caseload.” While these statements may reflect real challenges within the school system, they are not legally valid reasons for failing to provide the services your child is entitled to under federal law. In fact, “administrative concerns” or “administrative convenience” are specifically prohibited as reasons to make special education decisions for individual students.
What Does the Law Say?
The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act require schools to provide the services and accommodations specified in a child’s plan, regardless of staffing availability or financial constraints. These laws ensure that students with disabilities receive a Free Appropriate Public Education (FAPE) and prevent schools from denying necessary services due to operational challenges.
Common Excuses and Why They Don’t Hold Up
- “We’re short-staffed.”
- Schools are responsible for ensuring that all students receive the services outlined in their IEPs or 504 Plans. If they lack staff, they must find alternative solutions, such as hiring contract providers or redistributing workloads. Staffing shortages do not relieve them of their legal obligations.
- “That service isn’t in our budget.”
- Funding constraints do not override IDEA’s requirements. If a service is included in an IEP, the school must provide it, even if it means reallocating resources, applying for additional funding, or contracting with external providers. Schools cannot legally deny a child’s services based on budgetary concerns.
- “The teacher already has too many students.”
- Caseload management is an administrative issue, and it does not excuse non-compliance. Schools must ensure that staffing levels support the implementation of all required IEP services. If a teacher’s caseload is too high, the district must address it internally rather than denying services to students.
What Can Parents Do?
If your child’s school is using these excuses, you have the right to take action:
- Request an IEP or 504 meeting – Ask for a meeting to discuss how the school will fulfill its obligations despite staffing or budget issues.
- Document everything – Keep records of conversations, emails, and instances where services were not provided. Request service logs from your child’s in-school providers. This is part of their educational record, and you are entitled to that information.
- File a formal complaint – If the school continues to deny services, you can file a complaint with your state’s Department of Education.
- Consider legal action – If necessary, you can pursue mediation or a due process hearing to enforce your child’s rights.
Staffing shortages and budget constraints may be real challenges for schools, but they are not legal excuses for failing to provide your child with the services they need. Federal law is clear: schools must provide the supports and accommodations outlined in a student’s IEP or 504 Plan, no matter what. If your child is being denied services for these reasons, it may be time to seek legal guidance.
This blog post is for informational purposes only. It is not legal advice and does not create an attorney-client relationship.
If you need advice from an education lawyer or special education advocate, you can schedule a call HERE.