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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