In the Matter of the Education of Student and West Linn-Wilsonville School District Case No. DP 11-122

Diane Wiscarson

Case Conclusion Date:October 4, 2012

Practice Area:Education

Outcome:An Administrative Law Judge (ALJ) found the district denied the student a free appropriate public education (FAPE).

Description:Despite the student displaying a significant escalation in physically and verbally aggressive behavior, the district did not conduct a functional behavior assessment (FBA) or any other evaluation to determine the cause of the behavior until approximately four months later. Additionally, the district progressively removed the student from regular education until he received only 1:1 instruction almost completely isolated from peers. The ALJ found the district denied the student a FAPE by not conducting an FBA sooner, not convening an IEP meeting to address the student’s behaviors, and not allowing the parents to participate in determining the student’s placement. The ALJ ordered the district to conduct appropriate evaluations and develop an IEP and behavior plan based on those evaluations. Further, the ALJ ordered the district to reimburse the parents for one year of tuition at a private school and continue paying the private school tuition until the district developed an appropriate IEP. This decision was appealed by the district and overturned in part.

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