Portland 26-0645

Complaint Summary

Date Findings Report Sent

June 17, 2026

Case Number

26-0645

School District

Portland Public Schools

Person filing complaint

Parent

Grade Level

Middle School

Allegation(s)

The Parent alleged that the District failed to provide the indirect services of BCBA Consult (30 minutes, two times per month) and Parent meeting (60 minutes, two times per month) as required per the Student’s individualized education program (IEP) since the start of the 2025-2026 school year on August 28, 2025. (34 CFR §§ 300.323(c)(2), 300.17, and RCSA § 10-76d-1(a)(1)).

Conclusion(s)

The District acknowledged that the indirect service of BCBA Consult was not provided during September and October and stated that they are actively addressing the missed services. However, the Parent did not receive notification of these gaps until the PPT meeting on October 30, 2025. These issues are further compounded by the fact that, due to the absence of a BCBA, the Student’s FBA could not be conducted as recommended at the PPT meeting on August 22, 2025. As a result, there was no behavioral oversight of the Student falling asleep in class or the continued need for shortened days related to the Student’s history of school avoidance. Regarding the indirect service of Parent meetings, the District reported that frequent informal conversations were held with the Parent in the spirit of collaboration. However, there is no evidence of a consistent schedule. As the District failed to provide the indirect services of BCBA Consult and Parent meetings as required per the Student’s IEP, they are in violation of 34 CFR §§ 300.323(c)(2) and 300.17, and RCSA § 10-76d-1(a)(1). Corrective action will follow.

Corrective Action(s)

  • The District is required to provide evidence of the completion of all indirect BCBA consult service time for the 2025-2026 school year on or before September 1, 2026.
  • The District is required to reconvene a PPT meeting to discuss the need for BCBA consult and Parent meetings. Should both indirect services be continued, the IEP should be revised to better operationalize these services and a schedule is to be developed for the 2026-2027 school year on or before September 1, 2026.
  • The District is required to issue a memorandum to all relevant members of the school-based team, to include administrators, special education staff and administrative assistants on the laws and regulations relating to implementation of indirect services. A copy of this communication must be submitted to this office no later than September 1, 2026.