Filed Date: Feb. 22, 1999
Closed Date: 2001
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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.
Summary Authors
Patrick Branson (10/22/2014)
King, Garr M. (Oregon)
Aubry, Alison Ming (California)
Foote, Jeffrey P. (Oregon)
Kimmel, Adele P. (District of Columbia)
Konecky, Joshua Geoffrey (California)
Wolinsky, Sidney M. (California)
Bushong, Stephen K. (Oregon)
Myers, Hardy (Oregon)
Westwood, James N. (Oregon)
King, Garr M. (Oregon)
Aubry, Alison Ming (California)
Foote, Jeffrey P. (Oregon)
Kimmel, Adele P. (District of Columbia)
Konecky, Joshua Geoffrey (California)
Wolinsky, Sidney M. (California)
Bushong, Stephen K. (Oregon)
Myers, Hardy (Oregon)
Westwood, James N. (Oregon)
Last updated May 11, 2022, 8 p.m.
State / Territory: Oregon
Case Type(s):
Key Dates
Filing Date: Feb. 22, 1999
Closing Date: 2001
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Students with learning disabilities in the Oregon Public School District.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Oregon Department of Education , State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
General:
Disability:
Type of Facility: