Jeffrey Petty is only seven years old, but his story began 16 years ago, in 1994. At that time, Katie Murch was a deaf student in Flour Bluff, a suburb of Corpus Christi, Texas. Katie sought to be mainstreamed into schools in the Flour Bluff Independent School District (FBISD), sparking a four-year court battle that ended with a Texas Supreme Court decision requiring the district to provide special programming for the incoming fourth-grader. Katie completed her education in the FBISD and went on to graduate with honors, while being involved with various student organizations and activities. She also became Miss Deaf Texas in 2007, fi rst-runner up for Miss Deaf America in 2008, and a magna cum laude graduate of Texas A&M Corpus Christi, earning dual degrees in business management and marketing. She attributes her success to the support of her family and friends and the education she received at FBISD.
This year, history seems to be repeating itself at FBISD as Jeffrey Petty's parents seek a mainstreamed education for their son.
After a diffi cult birth and time in neonatal intensive care, Jeffrey underwent both an auditory brainstem response (ABR) and an otoacoustic emissions (OAE) newborn hearing screening. Both tests indicated that Jeffrey could hear. However, Cindy Petty noticed her son's response to auditory stimuli was not consistent. After repeated medical tests, Jeffrey was diagnosed with acoustic neuropathy, a term used to refer to symptoms that affect the auditory nerve, but which often result from other disorders. Jeffrey is diagnosed with moderate to severe hearing loss and he now wears hearing aids. At times when he is suffering from a cold or allergies, however, his parents say he cannot hear at all.
At age three, Jeffrey began special education at Calk Elementary School in the Corpus Christi Independent School District, about 18 miles from his home. There, Jeffrey's teacher was none other than Katie Murch's mother, Lesa Thomas. When it came time for Jeffrey to enter fi rst grade, his teacher and parents felt that he needed to be mainstreamed at his home district (FBISD)to receive the quality of education that would enable him to reach his full potential. All he would need would be a certified sign language interpreter. As Jeffrey began the fi rst grade, the Pettys were under the impression that he would be receiving that help. Instead, FBISD pressed into service a paraprofessional, an office worker who knew sign language because her husband was deaf.
Various federal laws, such as the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 apply to this situation, requiring public schools to provide a free appropriate public education. There are many options from which to choose with regard to meeting this obligation, but if interpreters are used, they must be certifi ed. A certifying body, the Registry of Interpreters for the Deaf (RID), explains the assurances of certification: "Holders of this certifi cate have demonstrated the ability to expressively interpret classroom content and discourse and the ability to receptively interpret student or teen sign language. It is not limited to any one sign language or system." Interpreters have to do more than simply sign what the teacher is saying. They have to know where to stand so that the student can see both the teacher and the interpreter. They have to be able to communicate what the teacher's body language is conveying. They have to be able to help the student interact with other students and school personnel.
Various federal laws, such as the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act of 1973 apply to this situation, requiring public schools to provide a free appropriate public education. There are many options from which to
choose with regard to meeting this obligation, but if interpreters are used, they must be certifi ed. A certifying body, the Registry of Interpreters for the Deaf (RID), explains the assurances of certification: "Holders of this certifi cate have demonstrated the ability to expressively interpret classroom content and discourse and the ability to receptively interpret student or teen sign language. It is not limited to any one sign language or system." Interpreters have to do more than simply sign what the teacher is saying. They have to know where to stand so that the student can see both the teacher and the interpreter. They have to be able to communicate what the teacher's body language is conveying. They have to be able to help the student interact with other students and school personnel.
Jeffrey is now in second grade in the FBISD. His father, Jeff, says the FBISD is reluctant to provide a certifi ed interpreter because Jeffrey showed adequate progress without one. He uses a dated classroom FM system, which the Pettys feel needs to be updated to match the technology of Jeffrey's hearing aids. The Pettys have considered cochlear implantation as an option for the future, but for the present school year, if a certifi ed interpreter isn't available for Jeffrey, he might have to go back to the special education program at the Regional Day School (RDS) in Corpus Christi, a placement Cindy Petty maintains is not appropriate for her son. In addition to the segregated environment, Cindy says RDS is rated lower academically than FBISD. Plus, Jeffrey's friends and siblings attend FBISD.
Jeff believes the school district isn't working hard enough to find a qualifi ed person to fi ll the position of certifi ed sign language
interpreter, though he does acknowledge that it is difficult to find certified interpreters to work in school situations. Interpreters can earn signifi cantly more money working in private enterprise, such as for a video relay service, than they can in a school.
The situation has made reluctant activists of the Pettys. Cindy says, "We don't want to herald the cause but if that's what God wants from us, that's what we'll do." Without help from the school district, the Pettys' choices are to try to supplement Jeffrey's education themselves, or to homeschool him. The latter would be difficult because the Pettys aren't certifi ed interpreters. Cindy can sign, but only at a level appropriate for a four-year-old.
Attorneys have been drawn into the dispute. The Pettys are working with Advocacy, Inc., a federally funded and authorized protection and advocacy system for Texans with disabilities. The Flour Bluff School District is represented by an Austin attorney. Due to confidentiality laws, the school district is not in a position to discuss the matter specifi cally but did comment that "Flour Bluff ISD works diligently to meet the educational needs of all its students. The decisions that are made regarding a student with special needs are designed to address the unique needs of the child. All programs for children provided by Flour Bluff ISD reflect the district's fundamental philosophy of excellence in education."
As for Jeffrey, he is largely unaware that he is at the center of a controversy, not to mention between a rock and hard place. He just wants to go to school and do well, maybe even become a doctor.
Cindy Petty says, "It's been a very long road and it's not over yet." Another hearing is impending. Cindy adds, with hopeful optimism, "We're encouraged that Flour Bluff will continue to provide a quality education and that 'no child is left behind.'"
Devorah Fox is art director/senior designer and staff writer for Hearing Health magazine. She can be reached via e-mail at devorahfox@aol.com. Kimberly Rojas is an alumna of Flour Bluff High School, Class of 2010. She's currently enrolled at Del Mar College, and majoring in American Sign Language (ASL). She loves to explore different views and ideas about Deaf culture. Based in Corpus Christi, she can be reached at sportygirl142010@yahoo.com.
