QUEENSBURY, N.Y. (WRGB) — Parents in Queensbury are voicing concerns over staffing shortages that are affecting resources for special needs students.
An email obtained by CBS6 from a New York State Education Department (NYSED) employee indicates that the department is aware of the situation and is meeting with school district administrators. The email encourages parents to pursue their concerns through “due process.”
Parents have reported that a lack of speech pathologists is hindering their children’s progress, contrary to what is outlined in their Individualized Education Plans (IEPs). Stephen Gallucci, a parent of a second-grader with Down syndrome, expressed frustration over the departure of his daughter’s speech pathologist in November.
“We did not get a formal letter stating that she was leaving or that they haven’t found anybody,” Gallucci said. “We finally got one when we started inquiring about one in January, January 16th. They kept all the parents in the dark about this… They need to change. They need to change how they look at things and how they look at our special needs children. It’s an act of discrimination in my opinion.”
Education attorney Sivan Zak of Tully Rinckey PLLC, who frequently handles cases involving schools not fulfilling IEPs, outlined the steps parents can take through due process.
“The staffing issues and the staffing shortages is really not an excuse for school districts to not provide services under an IEP,” Zak said. “I think due process is the exact way that all of these parents should be going – you can cite to all the IEP violations in front of a hearing officer – I would presume that the state would look at the school district and say ‘fix this problem’.”
Zak emphasized that the law requires districts to seek alternative solutions, such as contracting with outside providers, to meet IEP obligations despite staffing challenges.
