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Diane Wiscarson
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Diane Wiscarson’s Legal Cases

27 total

  • In the Matter of Vancouver School DIstrict, Special Education Cause No. 2003-SE-0137

    Practice Area:
    Education
    Date:
    Dec 03, 2004
    Outcome:
    An Administrative Law Judge (ALJ) found that the district failed to provide a free appropriate public education (FAPE).of the residential placement costs based on Greenland Sch. Dist. V. Amy N., 358 F.3d 150 (1st Cir. 2004).
    Description:
    The student’s return from psychiatric hospitalization triggered the district’s duty to initiate a special education referral. The district’s failure to comply with this child-find obligation denied a free appropriate public education to the student because she suffered a loss of educational opportunity and was deprived of her educational benefit. The ALJ awarded the parent part of the residential placement costs based on Greenland Sch. Dist. v. Amy N., 358 F.3d 150 (1st Cir. 2004).
  • In the Matter of Colton School District, Case No. 04-054-033

    Practice Area:
    Education
    Date:
    Sep 03, 2004
    Outcome:
    The parent prevailed in an Oregon Department of Education (ODE) State Complaint against the district.
    Description:
    The district failed to respond to the parent attorney’s requests for a meeting to discuss Extended School Year (ESY) services before summer began. Failure to schedule such a meeting or to provide prior written notice of refusal to hold the meeting was improper. ODE ordered a properly constituted IEP meeting to consider whether the student should receive ESY for the past summer.
  • In the Matter of Eagle Point School District, Case No. 09-054-027

    Practice Area:
    Education
    Date:
    Sep 04, 2009
    Outcome:
    The parents prevailed in an Oregon Department of Education (ODE) State Complaint against the district.
    Description:
    The parents, through their attorney, requested that the district produce a copy of the student’s educational record. The district complied with the request and sent an invoice charging for time spent locating and redacting records, time spent copying, and $0.10 per page for copying. ODE ordered the district to remove any charge for obtaining student records associated with searching for or retrieving educational records.
  • Oregon Department of Education, Office for Civil Rights, Reference No. 10091289

    Practice Area:
    Education
    Date:
    Feb 11, 2010
    Outcome:
    The Office for Civil Rights (OCR) and the Oregon Department of Education (ODE) entered into a resolution agreement. ODE is now required to offer all disabled and nondisabled students an equal number of opportunities to take the statewide assessment.
    Description:
    The Parent filed a complaint with the Office for Civil Rights (OCR) about an Oregon Department of Education (ODE) policy, which provided for three opportunities to take the Oregon Assessment of Knowledge and Skills (OAKS) online but only one opportunity to take a paper and pencil form. The paper and pencil form of the OAKS is only available to students with disabilities. OCR and ODE entered into a resolution agreement regarding statewide assessment. ODE is now required to offer all students an equal number of opportunities to take the OAKS. Previously, students with disabilities who required pencil and paper forms were offered one opportunity and their nondisabled peers, who could use the online form, were offered three opportunities.
  • In the Matter of the Education of Student and Riverdale School District Case No. DP 08-101

    Practice Area:
    Education
    Date:
    Jul 14, 2008
    Outcome:
    An Administrative Law Judge (ALJ) found that the district failed to provide a free appropriate public education (FAPE).
    Description:
    Despite being aware of the student’s suicidal ideation and suicide attempt, as well as other indications of emotional disturbance, the district failed to evaluate the student. The ALJ ordered the district to reimburse the parents for a private evaluation, private counseling services, and two months of private school tuition.
  • In the Matter of Portland School District 1J Case No. 10-054-013

    Practice Area:
    Education
    Date:
    Jul 28, 2010
    Outcome:
    The parent prevailed in an Oregon Department of Education (ODE) State Complaint against the district when the parent challenged the district’s policy for Independent Educational Evaluations (IEEs).
    Description:
    The parent challenged the requirement that a parent must obtain an IEE at personal expense and then submit the results to the district and request reimbursement. ODE ordered the district to amend its IEE policy so that it did not impose conditions that effectively deny parents and adult students their right to a publicly funded IEE. ODE also mandated training for all staff on the new IEE policy.
  • Percentage of Cases Settled in 2001

    Practice Area:
    Education
    Date:
    Dec 31, 2001
    Outcome:
    Wiscarson Law settled 100% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2001 for its clients, without completing the formal decision-making process.
    Description:
    Wiscarson Law helps hundreds of families every year. Wiscarson Law gets better education for families and their children without resorting to formal legal processes in most situations. A small number of cases each year lead to some kind of formal legal process, such as state complaints, state due process filings and Office for Civil Rights Complaints. Of those cases, 89.92% filed at Wiscarson Law reach favorable resolution through negotiated settlements.
  • Percentage of Cases Settled in 2002

    Practice Area:
    Education
    Date:
    Dec 31, 2002
    Outcome:
    Wiscarson Law settled 100% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2002 for its clients, without completing the formal decision-making process.
    Description:
    Wiscarson Law helps hundreds of families every year. Wiscarson Law gets better education for families and their children without resorting to formal legal processes in most situations. A small number of cases each year lead to some kind of formal legal process, such as state complaints, state due process filings and Office for Civil Rights Complaints. Of those cases, 89.92% filed at Wiscarson Law reach favorable resolution through negotiated settlements.
  • Percentage of Cases Settled in 2003

    Practice Area:
    Education
    Date:
    Dec 31, 2003
    Outcome:
    Wiscarson Law settled 100% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2003 for its clients, without completing the formal decision-making process.
    Description:
    Wiscarson Law helps hundreds of families every year. Wiscarson Law gets better education for families and their children without resorting to formal legal processes in most situations. A small number of cases each year lead to some kind of formal legal process, such as state complaints, state due process filings and Office for Civil Rights Complaints. Of those cases, 89.92% filed at Wiscarson Law reach favorable resolution through negotiated settlements.
  • Percentage of Cases Settled in 2004

    Practice Area:
    Education
    Date:
    Dec 31, 2004
    Outcome:
    Wiscarson Law settled 60.00% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2004 for its clients, without completing the formal decision-making process.
    Description:
    Wiscarson Law helps hundreds of families every year. Wiscarson Law gets better education for families and their children without resorting to formal legal processes in most situations. A small number of cases each year lead to some kind of formal legal process, such as state complaints, state due process filings and Office for Civil Rights Complaints. Of those cases, 89.92% filed at Wiscarson Law reach favorable resolution through negotiated settlements.