I’m investigating a complaint that raises concerns about a student’s access to an aftercare program located at a campus of the LEA we are investigating, which we’re investigating under 34 CFR §300.307 & 317 -  failure to take steps…to provide nonacademic

I’m investigating a complaint that raises concerns about a student’s access to an aftercare program located at a campus of the LEA we are investigating, which we’re investigating under 34 CFR §300.307 & 317 -  failure to take steps…to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. The catch with this complaint is that the aftercare program is an independent contractor and the LEA denies any direct oversight of it saying that they just have a building use agreement. How have any of you handled a similar fact pattern?