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Epchick,
I think your family needs to make some legal noise to advocate for his needs. If the district won't do what they are legally obligated to do in terms of providing an appropriate education and modification without your suing them, then you may need to sue. I'm pretty sure the district won't want to explain in court that because he isn't completely sucking at his benchmarks, that it's appropriate for him to go some days completely unable to experience instruction*. If your district is anything like 99% of the districts out there, they will become much more interested in doing what they can long before it looks like it will go to court.
Of course, suing might won't help you get a job in the district when you get certified.
* on the other hand, complaints about speed of speech and going over material might not be best way to approach it, unless you specifically make the case that it's hearing impairment that has created language delays. I say that because almost any kid who isn't doing so well is going to complain that the teacher goes over it too fast, and you all probably want to make the district feel accountable specifically to special education law.
I think it was super-nice of you all to try to resolve it by working with the classroom teacher first, and I even think that you're probably going to realistically expect some issues with substitutes not knowing what to do. But at some point, your aunt might need to start pushing the district as hard as she can and fear of lawsuits seems to drive most districts.
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