Long-term Teacher Absence with no replacement and Staffing Shortages: When Does It Impact FAPE?

The Question Asked:

“I teach in a school system, and I am very concerned about the special education services in our school system. First of all, a special education teacher at our school just had a baby. Of course, I understand that there is a teacher shortage at this time, but they are not filling her leave. They said they cannot find anyone to fill the leave.

My question is …. Is this legal?
Also, my son has Down Syndrome. He was mainstreamed until last year. He still has been attending some general education classes. He is in band and although he cannot really play an instrument, he loves it and he is welcomed by the band director and the students. This year, several aides have left. There now is not enough manpower for one of the aides to take him to his gen Ed classes. At this point, he has not been to band in a month. Are there any steps I can take to rectify this situation?”

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Originally published as Long-term Teacher Absence with no replacement and Staffing Shortages: When Does It Impact FAPE? at Ask A Special Education Attorney

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