When the School Says 'We're Working on Staffing': What It Means and What to Say

She had heard the same phrase four times since September.

First it was "we're interviewing candidates." Then "we're working on getting someone in place." Then "we have a lead." Then — six weeks later — "we're still working on it."

Her daughter's IEP required thirty minutes of occupational therapy twice a week. None of it had happened. The case manager was apologetic. The special ed director was sympathetic. Everyone was working on it.

Nobody was calling it what it was: a FAPE failure.

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The "we're working on staffing" loop is one of the most common things parents come to me frustrated about — and one of the most actionable. The district's staffing problem is real. But it's not your problem to absorb. The moment services don't start on time, the conversation changes. — Tabaitha McKeever, Special Education Teacher

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What the Law Says About Staffing Excuses

IDEA's FAPE obligation — 34 C.F.R. § 300.101 — is not conditional on the district's ability to hire. The law requires that a free appropriate public education be available to every eligible child. It does not include an exception for vacancies, budget freezes, rural location, competitive hiring markets, or any other operational difficulty.

Courts have been consistent on this. In Board of Education v. Rowley (1982) and reinforced by Endrew F. v. Douglas County School District (2017), the standard is what the child is owed — not what the district can conveniently provide.

A vacancy is an operational problem. Your child's right to services is a legal obligation. These are not equivalent, and the district's sympathy about the first one doesn't satisfy the second.

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The Three-Part Response

When a district tells you services are delayed due to staffing, there are three things to do — in this order, in writing.

Step 1: Document the delay formally.

Email the case manager and special education director. Keep it factual and specific:

"I'm writing to document that [child's name]'s IEP requires [service, frequency, duration] beginning [date]. As of today, [date], those services have not started. I understand there is a staffing vacancy. I am asking for written confirmation of what steps are being taken to fulfill this IEP commitment, and a specific date by which services will begin."

You are not asking for sympathy. You are building a record.

Step 2: Name it as a FAPE failure, not a delay.

If services have been missing for more than two weeks with no credible plan in place, your next communication should name what's happening:

"The ongoing absence of [service] constitutes a failure to implement [child's name]'s IEP as required by IDEA. I am requesting that the district identify any and all alternatives to provide these services — including contracted providers, telehealth options, or agency staffing — within [10 business days]."

Most districts respond differently once the word FAPE appears in writing.

Step 3: Request a compensatory services plan.

Services your child didn't receive don't simply disappear. Request in writing that the district document how it plans to compensate for the gap. You don't need to have a specific number in mind — that's what the IEP meeting is for. But you need the district on record acknowledging the gap and committing to address it.

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What "We're Working on It" Actually Covers

There is a real difference between a district that is genuinely trying and one that is using staffing as a convenient delay tactic.

A district making a genuine effort will:

• Have a documented recruitment record (postings, applications, interviews)
• Have contacted contracted therapy agencies
• Have explored telehealth options
• Have put interim support in place where possible
• Be giving you specific timelines, not vague reassurances

A district running a delay loop will:

• Offer verbal updates with no written follow-through
• Repeat the same phrase across multiple contacts with no new information
• Resist putting anything in writing
• Not mention compensatory services

If you're getting the second version, it's time to escalate.

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When to File a State Complaint

A state complaint is appropriate when services have been consistently absent and the district has not provided a credible plan to remedy the gap. You don't need to give the district unlimited time to "work on it."

If services were supposed to begin at the start of the school year and it's now November with nothing in place — that's eight weeks. That's a state complaint.

The complaint should name:

• The specific services required by the IEP (with frequency and duration)
• The date services were supposed to begin
• The date of your written communication notifying the district
• That services have not started and no adequate interim plan exists

The investigation takes 60 days. If the investigator sustains the complaint, the district must correct it — including providing compensatory services for the gap.

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The Interim Plan Conversation

Even if a permanent provider isn't in place, you can request that the district put an interim plan in writing. This might include:

• A contracted provider covering the gap until a permanent hire is made
• Telehealth sessions from a qualified provider
• An increase in a related service that is currently running (OT covering some of what the SLP would address, for example)
• Documented consultation between the case manager and the child's outside providers

An interim plan doesn't satisfy the FAPE obligation permanently — but it shows good faith, keeps your child receiving support, and limits the compensatory services claim.

If the district won't put an interim plan in place, that's important information about where they stand.

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FAQ: Staffing Delays and IDEA

Can the district legally delay my child's services because they don't have a provider? No. IDEA requires FAPE regardless of staffing constraints. The district must pursue all available options — contracted providers, telehealth, agency staffing — to fulfill its service obligation. An inability to hire does not suspend the IEP.

How long should I wait before escalating? There's no fixed rule, but if services haven't started within two weeks of when they were supposed to begin, it's time to put your concern in writing. If you've done that and it's been another two to three weeks with no credible plan, it's time to name the FAPE failure explicitly.

What are compensatory services and how do I get them? Compensatory education makes up for services your child didn't receive due to a district failure. You request them at an IEP meeting, with documentation of the gap. The standard is equitable relief for the educational harm caused — not necessarily hour for hour, but enough to address what was lost during the period services weren't delivered.

The district says the vacancy is beyond their control. Does that matter? No. Courts have consistently held that IDEA's FAPE obligation is not contingent on staffing availability. Beyond their control is an explanation, not an excuse. The district's hiring challenges do not become your child's educational problem to absorb.

Can I request a different provider in a different district or school? Your child's services must be delivered as described in the IEP. If the district cannot staff them, you can request that they arrange services through another qualified provider — including contracted agencies, neighboring districts, or telehealth services — at no cost to you.

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This post is for general educational purposes and does not constitute legal advice.

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If your child's IEP lists services that haven't started — or started weeks late with no plan to address the gap — the IEP & ARD Paperwork Review Service gives you a written analysis of what your IEP requires, what the district owes your child, and how to frame the compensatory services request at the next meeting.

For more on service implementation, read How to Request Compensatory Services When Your Child's IEP Wasn't Followed or When Your Child's Paraprofessional Is Unqualified or Keeps Changing. For all parent rights, visit the IEP vs. 504 Guide.