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IDEA Complaint Decision 14-059

On November 10, 2014, the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the XXXXX School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2014-15 school year, properly implemented the child’s individualized education program (IEP).

The student’s IEP in effect for the 2014-15 school year requires special education in the area of Deaf/Hard of Hearing for 45 minutes per day. The IEP also provides for an educational interpreter during all school and school related activities. In June 2014, the district’s Deaf and Hard of Hearing teacher resigned. The district posted for this position beginning in June 2014, and to date have been unable to secure someone for this position. In fact, they have not received any applicants for the position after several postings. Currently, the district is relying on an out of district Deaf and Hard of Hearing teacher who is able to provide the student 30 minutes per week of instruction. The district also began recruiting for an educational interpreter in June, and has also not been able to hire anyone for this position despite several attempts.

The district is in the process of conducting a revaluation for the student to better assess the student’s needs and will be reconvening the IEP team to review and revise the student’s IEP as necessary. The district will include outside consultants in review of programming. If the IEP team determines the district cannot meet the student’s needs, placements at larger districts will be considered. The district will offer the parent an opportunity to visit the potential placements before an IEP determination is made.

Within 30 days from the date of this decision, the district must conduct an IEP team meeting to determine compensatory services for the failure to provide an interpreter and instruction in the area of Deaf and Hard of Hearing as required by the student’s IEP. The district must submit to the department, within five days of the meeting, documentation of the compensatory services.

All noncompliance identified above must be corrected as soon as possible, but in no case more than one year from the date of this decision. This concludes our review of this complaint.

//signed CST 1/6/2015
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support