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IDEA Complaint Decision 11-010

On February 14, 2011, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against the Unnamed School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2010-11 school year, properly implemented the student’s individualized education program (IEP) regarding the provision of an interpreter during extra-curricular activities.

The student’s IEP in effect during the 2010-11 school year requires an interpreter for football, basketball, and other school supported activities. The district acknowledges that an interpreter was not provided during the beginning of the basketball season and during portions of the wrestling season. Beginning in October 2010, the district made several attempts to hire an interpreter including placing advertisements in local newspapers and making direct contacts with various agencies. The district was unable to secure an interpreter until approximately two weeks after the beginning of the basketball season. The interpreter hired, however, was not able to provide interpreting services for the wrestling season, which began on February 8, 2011. The district ultimately secured another interpreter, who began providing services in the beginning of March. The student subsequently received services for the remainder of the wrestling season, except for three days when the interpreter was unavailable. In anticipation of next year, the district is creating a part-time position for a substitute and extra-curricular interpreter, in order to ensure that an interpreter is available for all three athletic seasons. The district must inform the department when this position is filled. No further corrective action is required.

This concludes our review of this complaint.

//signed CST 4/14/11
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy