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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)
Disability Rights-Pub. Accom.
Education
Attorney Organization
Public Justice
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 ...
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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
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Issues and Causes of Action
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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
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Case Details
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Defendant(s)
Oregon Department of Education
Plaintiff Description
Students with learning disabilities in the Oregon Public School District.
Indexed Lawyer Organizations
Public Justice
Class action status sought
Yes
Class action status granted
Yes
Filed Pro Se
No
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
Filed
02/22/1999
Case Closing Year
2001
Case Ongoing
No
Documents
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Court
Docket(s)
D. Or.
01/21/2003
3:99−cv−00263
ED-OR-0001-9000.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
02/26/2001
Notice of Pendency and Settlement of Class Action [ECF# 47]
ED-OR-0001-0001.pdf
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Detail
Source: PACER [Public Access to Court Electronic Records]
People
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Judges
King, Garr M.
(D. Or.)
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ED-OR-0001-0001 | ED-OR-0001-9000
Plaintiff's Lawyers
Aubry, Alison Ming
(California)
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ED-OR-0001-9000
Foote, Jeffrey P.
(Oregon)
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ED-OR-0001-9000
Kimmel, Adele P.
(District of Columbia)
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ED-OR-0001-9000
Konecky, Joshua Geoffrey
(California)
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ED-OR-0001-9000
Wolinsky, Sidney M.
(California)
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ED-OR-0001-9000
Defendant's Lawyers
Bushong, Stephen K.
(Oregon)
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ED-OR-0001-9000
Myers, Hardy
(Oregon)
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ED-OR-0001-9000
Westwood, James N.
(Oregon)
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ED-OR-0001-9000
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