Does a District Owe Compensatory Speech-Language Due to Shortage of SLPs?

In M.L. ex rel. A.L. v. El Paso Independent School District, 52 IDELR 159 (W.D. Texas 2009), a 12-year-old with a speech-language impairment had an IEP calling for 60 minutes of speech-language services a week. Unfortunately, the districts experienced a shortage of Speech-Language Pathologists (SLPs) and since they were unable to fulfill the IEP the district contacted the parents to inform them compensatory services would be considered. Although the student missed at least 19 hours of therapy, the IEP team determined the student was no longer eligible for speech-language services. The parents filed a due process complaint requesting compensatory services but their request was denied since their child was no longer a child with a speech-language impairment. U.S. District Judge Kathleen Cardone wrote, "Ultimately, providing additional compensatory speech therapy services for [the student] when [he] has no speech disability would only serve as a form of damages, a remedy that is not appropriate under the IDEA."