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:The ALJ found the District denied the Student an appropriate education and ordered it to reimburse the Parents for a year at the private school, and continue paying tuition until it conducts evaluations and develops an appropriate IEP and behavior plan.

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. As a result of this placement change, the Student started making frequent comments about wanting to die. Further, the District never got consent or informed the Parents of the FBA that it conducted or the change in placement, and did not even attempt to convene an IEP meeting at any point after the Student’s behavior began escalating. After learning about the 1:1 placement, the Parents gave appropriate written notice and removed the Student to a private school.

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