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"We Are Short-Staffed": Why Staffing Issues Are Not a Legal Excuse for Unsafe Supervision

One of the most terrifying moments for a special needs parent is witnessing a safety failure in real-time. Whether it is a student wandering near a parking lot, eating unsafe items (pica), or wrestling on the ground without redirection, the sight of a child left unsupervised during a transition is a major red flag.

When parents question this, the most common response from administration is: "We are short-staffed right now." While staffing shortages are real, they are not a legal defense for endangering a student or failing to follow an IEP. Here is how to handle it when a school claims they cannot keep a child safe due to hiring issues.

1. The "Parking Lot" Danger Zone

Transitions (moving from the building to the playground or bus) are high-risk times for neurodivergent students.

  • The Risk: Unlike a contained classroom, outdoor transitions involve traffic, elopement risks (running away), and sensory distractions.

  • The Requirement: If a student has a history of impulsivity or low safety awareness, the IEP usually mandates "adult supervision during transitions."

  • The Violation: Leaving a high-needs student to walk in a group without a dedicated eye near moving cars is negligence. If the IEP calls for a 1:1 aide and that aide is missing, the school is out of compliance with the student's Free Appropriate Public Education (FAPE).

2. Staffing is an Administrative Problem, Not a Parent Problem

Schools often present staffing shortages as an unavoidable act of nature. Legally, this is incorrect.

  • The Law: The Individuals with Disabilities Education Act (IDEA) does not have an exemption clause for "we can't find people." If the IEP team decided a service or supervision level was necessary for FAPE, the district must provide it.

  • The Solution: If they cannot hire a paraeducator, they must provide a substitute, an administrator, or a contracted agency staff member to fill that role. They cannot simply leave the student unsupervised.

3. Documenting "Unsafe Behaviors"

If a student is engaging in behaviors like eating snow/dirt (pica) or roughhousing without intervention, it proves the current supervision level is insufficient.

  • The Incident Report: Parents should document exactly what they saw (time, location, lack of staff) and submit it in writing.

  • The Question to Ask: "If my child had run into the parking lot today, who was close enough to stop them physically?" If the answer is "no one," the safety plan is non-existent.

4. The "Prior Written Notice" (PWN)

If the school says, "We don't have a para for them right now," the parent should ask for that in a Prior Written Notice (PWN).

  • This is a legal document where the school must explain why they are refusing to provide the service listed in the IEP.

  • Schools hate writing PWNs that say, "We are failing to provide services because we haven't hired anyone," because it is an admission of legal non-compliance. Often, just asking for the PWN makes the staff magically appear.