University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name A.S.K. v. Oregon Bd. of Ed. ED-OR-0001
Docket / Court 3:99-cv-00263 ( D. Or. )
State/Territory Oregon
Case Type(s) Education
Case Summary
On February 22, 1999, plaintiffs, Oregon students with learning disabilities represented through Advocates for Special Kids (A.S.K.), filed a class action suit in the District of Oregon. The suit was filed under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities ... read more >
On February 22, 1999, plaintiffs, Oregon students with learning disabilities represented through Advocates for Special Kids (A.S.K.), filed a class action suit in the District of Oregon. The suit was filed under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA) against the Oregon Department of Education. The plaintiffs, represented by public interest council, asked the court for an injunction to provide better options for individuals with learning disabilities in Oregon's statewide testing. Plaintiffs claimed that the statewide testing procedures were in violation of the ADA and IDEA.

On August 9, 2001, the court (Judge Garr M. King) dismissed the case after a settlement agreement was reached. Under the terms of the settlement, the Oregon Department of Education agreed to implement suggestions proposed by a Blue Ribbon Panel of experts. The areas of statewide testing addressed were: accommodations, alternate assessments, a problem resolution and appeals process, IEP and section 504 processes, and the use of testing results. In the order of dismissal, the court ordered that claims regarding separate Certificates of Initial Mastery (CIMs) were excluded from release by the terms of the settlement.

Patrick Branson - 10/22/2014


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Elementary/Secondary School
Disability
disability, unspecified
General
Individualized planning
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Oregon Department of Education
Plaintiff Description Students with learning disabilities in the Oregon Public School District.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2001
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Docket(s)
3:99−cv−00263 (D. Or.) 01/21/2003
ED-OR-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice of Pendency and Settlement of Class Action 02/26/2001
ED-OR-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges King, Garr M. (D. Or.)
ED-OR-0001-0001 | ED-OR-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aubry, Alison Ming (California)
ED-OR-0001-9000
Foote, Jeffrey P. (Oregon)
ED-OR-0001-9000
Kimmel, Adele P. (District of Columbia)
ED-OR-0001-9000
Konecky, Joshua Geoffrey (California)
ED-OR-0001-9000
Wolinsky, Sidney M. (California)
ED-OR-0001-9000
Defendant's Lawyers Bushong, Stephen K. (Oregon)
ED-OR-0001-9000
Myers, Hardy (Oregon)
ED-OR-0001-9000
Westwood, James N. (Oregon)
ED-OR-0001-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -