Diane Wiscarson

Diane Wiscarson's Legal Cases (27)

Portland, OR

Education Lawyer at Portland, OR

Practice Areas: Education, Guardianship

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Education

In the Matter of the Education of Student and Eugene School District Case No. DP 10-116

Oct 13, 2011

OUTCOME: An Administrative Law Judge (ALJ) found that the district failed to provide a free appropriate public education (FAPE).

The district prevented the parent from having any meaningful participation in IEP meetings for the student by hiding information about the student. Additionally, the district physically moved the stude ... nt and placed him in a locked room on numerous occasions without informing the parent. Further, despite a significant pattern of escalating and physically aggressive behavior, the district failed to conduct a functional behavior assessment and modify the student’s behavior support plan. Finally, the District improperly changed the student’s placement by making the decision unilaterally and simply announcing it to the parent at a later “placement meeting.” The ALJ ordered the district to develop a transition plan to return the student to his previous placement, convene a proper IEP meeting, conduct a functional behavior assessment, develop a behavior support plan for the student, provide a year of compensatory education and counseling to the student, and conduct staff training in several areas.

Education

Percentage of Cases Settled in 2010

Dec 31, 2010

OUTCOME: Wiscarson Law settled 88.24% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2010 for its clients, without completing the formal decision-making process.

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 o ... f 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.

Education

In the Matter of Portland School District 1J Case No. 10-054-013

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).

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.

Education

Oregon Department of Education, Office for Civil Rights, Reference No. 10091289

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.

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 Knowled ... ge 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.

Education

Percentage of Cases Settled in 2009

Dec 31, 2009

OUTCOME: Wiscarson Law settled 90.91% 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.

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 o ... f 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.

Education

In the Matter of Eagle Point School District, Case No. 09-054-027

Sep 04, 2009

OUTCOME: The parents prevailed in an Oregon Department of Education (ODE) State Complaint against the district.

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 l ... ocating 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.

Education

Percentage of Cases Settled in 2008

Dec 31, 2008

OUTCOME: Wiscarson Law settled 83.33% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2008 for its clients, without completing the formal decision-making process.

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 o ... f 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.

Education

In the Matter of the Education of Student and Riverdale School District Case No. DP 08-101

Jul 14, 2008

OUTCOME: An Administrative Law Judge (ALJ) found that the district failed to provide a free appropriate public education (FAPE).

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 dist ... rict to reimburse the parents for a private evaluation, private counseling services, and two months of private school tuition.

Education

Percentage of Cases Settled in 2007

Dec 31, 2007

OUTCOME: Wiscarson Law settled 100% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2007 for its clients, without completing the formal decision-making process.

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 o ... f 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.

Education

Percentage of Cases Settled in 2006

Dec 31, 2006

OUTCOME: Wiscarson Law settled 100% of state complaints, state due process filings and Office for Civil Rights Complaints filed in 2006 for its clients, without completing the formal decision-making process.

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 o ... f 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.

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