IDEA Complaint Decision 24-126

On October 30, 2024, the Department of Public Instruction (department) received a complaint under state and federal special education law from #### (parent) against the #### (district). This is the department’s decision regarding that complaint. The issue identified is whether the district, beginning October 30, 2023, properly implemented the individualized education program (IEP) of a student with a disability regarding provision of an American Sign Language (ASL) interpreter.

School districts meet their obligation to provide a free, appropriate public education (FAPE) to each student with a disability, in part, by developing a program based on the student’s unique disability-related needs that is reasonably calculated to enable the student to make appropriate progress considering the student’s circumstances, documenting that program in the IEP, and implementing the program as articulated in the IEP. The IEP must contain annual goals that are both ambitious and achievable so that the gap in academic achievement or functional performance is narrowed or closed during the period of the IEP. 34 CFR §§ 300.320-300.324; Wis. Stat. § 115.78(2); Endrew F. v. Douglas County School District, 137 S.Ct. 988. Each student’s IEP must address the student's needs that result from the student's disability in order to enable the student to be involved and make appropriate progress in the general education curriculum and toward their IEP goals and meet the student's other educational needs that result from the student's disability. The IEP must include a statement of the special education services to be provided to the student. 34 CFR §§ 300.320(a), 300.324(a). Related services are services required to assist a student with a disability to benefit from special education. The IEP team must consider whether the student needs related services and determine the amount and frequency of those services. All services must be clearly stated in the IEP in a manner that can be understood by all involved in the development and implementation of the IEP. 34 CFR §§ 300.320(a)(4) and (a)(7). IEPs must be implemented as written. 34 CFR § 300.323; Wis. Stat. § 115.787.

The student who is the subject of this complaint attended school in a different school district during the 2023-24 school year. The student’s IEP provides for the student to have access to an ASL interpreter throughout the school day, and at school-sponsored events who can provide the student visual access to auditory information. The IEP also provided for an ear-level frequency modulation/digital modulation system (FM system).

On July 3, 2024, the student’s parent emailed the district about the student switching to school in the district for seventh grade during the 2024-25 school year. The district’s special education director contacted the regional Cooperative Educational Service Agency (CESA), and three private agencies regarding availability of an ASL interpreter. The director learned that no interpreters were available in the region. On August 28, 2024, the student’s parent emailed the district expressing disappointment that no ASL interpretation services were available to the student during a back-to-school event. The director submitted a position posting for an ASL interpreter on the district’s website on August 29, 2024. In subsequent weeks, the director submitted the vacancy to other job websites.

While the district intended to implement the IEP in place as it was at the previous district, no ASL interpreters had applied to the posting prior to the start of the school year. The student attended the first day with a parent-provided interpreter. Thereafter, the student relied on an FM system without an ASL interpreter. On September 11, 2024, the student’s parent informed the district that the compensation offered on the district’s job vacancy seemed low compared to other postings for ASL interpreters. The district updated the listed pay rate to match the upper range of other postings. One candidate without proper certification has applied for the job, but no certified ASL interpreters have applied to date.

On September 27, 2024, the IEP team met to review the previous district’s IEP. The updated related service description stated the district would provide ASL interpreting for all academic class periods daily and for school sponsored events where the use of the FM system would not be adequate.

The student’s case manager and classroom teachers reported that to date, the student has utilized the FM system, paid attention, and participated in class as well as typically expected of any student. The student has demonstrated proficiency in all but one academic skill and all but one behavior area. One key area where ASL interpretation could improve the student's performance is vocabulary, by seeing the interpreter’s sign while hearing the word through the FM system.

The district has also made efforts to provide short-term interpreter coverage from the private agencies. None of the private agencies have responded until recently. One private agency was able to provide an interpreter for one day. The district hopes to develop an ongoing relationship with that agency to provide the student more consistent ASL interpretation while it continues its efforts to hire a full-time ASL interpreter.

Other than the one day of coverage, the district has not implemented the student’s IEP regarding provision of an ASL interpreter. The district must continue to actively pursue hiring an ASL interpreter and inform the department when the interpreter position is filled. Within 30 days of hiring an ASL interpreter, the IEP team shall meet to determine whether compensatory services are required. Within 15 days of the IEP team meeting, the district shall provide the department with documentation of the IEP team’s determination and revised IEP.

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. This decision is final for the IDEA State Complaint process. These issues may be addressed through other dispute resolutions, including mediation and due process hearings. For more information, visit the department’s website at http://dpi.wi.gov/sped/dispute-resolution or contact the special education team at (608) 266-1781.