PPS Violates the IDEA for Failure to Provide FAPE


Wiscarson Law filed a state complaint with the Oregon Department of Education (ODE) in July 2021 against Portland Public Schools (PPS). The complaint alleges that PPS failed to provide Student with IEP Progress Notes, Extended School Year (ESY) services, Recovery Services, and as a result, a Free Appropriate Public Education (FAPE). ODE concluded that the District had in fact failed to provide Student with IEP Progress Notes, ESY, a Prior Written Notice (PWN), and FAPE . ODE included in its findings: 

  1. The District did not provide progress notes in a timely manner. District provided three quarters of progress notes at the end of the school year, instead of throughout the year;
  2. The District did not present all necessary data to the IEP team to determine if ESY was needed for Student; and 
  3. The District did not provide a substantive PWN explaining any special education action. 

As a result, the District will be required to conduct an IEP meeting to discuss ESY recommendations for the 2020-2021 school year by October 29, 2021 and conduct a staff training session for members of the Student’s IEP team to review standards for progress notes and IEP implementation by January 22, 2022. 


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