Case: A.S.K. v. Oregon Bd. of Ed.

3:99-cv-00263 | U.S. District Court for the District of Oregon

Filed Date: Feb. 22, 1999

Closed Date: 2001

Clearinghouse coding complete

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 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 lear…

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)

People


Judge(s)

King, Garr M. (Oregon)

Attorneys(s) for Plaintiff

Aubry, Alison Ming (California)

Foote, Jeffrey P. (Oregon)

Kimmel, Adele P. (District of Columbia)

Konecky, Joshua Geoffrey (California)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Bushong, Stephen K. (Oregon)

Myers, Hardy (Oregon)

Westwood, James N. (Oregon)

Judge(s)

King, Garr M. (Oregon)

Attorneys(s) for Plaintiff

Aubry, Alison Ming (California)

Foote, Jeffrey P. (Oregon)

Kimmel, Adele P. (District of Columbia)

Konecky, Joshua Geoffrey (California)

Wolinsky, Sidney M. (California)

Attorneys(s) for Defendant

Bushong, Stephen K. (Oregon)

Myers, Hardy (Oregon)

Westwood, James N. (Oregon)

Documents in the Clearinghouse

Document

3:99-cv-00263

Docket [PACER]

Advocates for Special Kids v. Oregon Department of Education

Jan. 21, 2003

Jan. 21, 2003

Docket
47

3:99-cv-00263

Notice of Pendency and Settlement of Class Action

Feb. 26, 2001

Feb. 26, 2001

Notice Letter

Resources

Docket

Last updated Aug. 6, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against Stan Bunn, Wayne Feller, Oregon Department of Education. Filed by Advocates For Special Kids, Shea Keith Ivey, Brett McNeil, Tara Peterson, Aaron Weingarten, Edith Wyrick (tely, ) (Entered: 10/23/2000)

Feb. 22, 1999

Feb. 22, 1999

40

Record of OrderOf Telephone Conference by Judge Garr M King: ORDER this case shall remain STAYED. ORDER setting further Telephone Status Conference for 11/30/2000 at 01:00PM. (tely, ) (Entered: 10/23/2000)

Aug. 31, 2000

Aug. 31, 2000

41

Record of Order before Judge Garr M King GRANTING Plaintiff's written request, dated 10/18/00, to reset the Telephone Status Conference from 11/20/00 to 1/5/2001 at 09:00AM. (tely, ) (Entered: 10/24/2000)

Oct. 23, 2000

Oct. 23, 2000

42

Record of Telephone Conference before Judge Garr M. King: Order − Status Conference set for 1/23/2001 at 01:30PM by telephone. (ecp, ) (Entered: 01/08/2001)

Jan. 5, 2001

Jan. 5, 2001

43

Record of Telephone Conference before Judge Garr M. King: Court Reporter: Dennis Grube Order − Parties shall file preliminary settlement agreement for approval and motion to approve class by February 23, 2001. (ecp, ) (Entered: 01/26/2001)

Jan. 23, 2001

Jan. 23, 2001

44

Motion and Notice of Motion for Preliminary Approval of Proposed Settlement; Directing Notice to the Class; and Final Approval and Certification of Settlement Class at the Time of the Fairness Hearing; Memorandum of Points and Authorities in Support Thereof . Filed by all plaintiffs. (pvh, ) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

45

Declaration of Sid Wolinsky in Support of Motion for Preliminary Approval of Proposed Settlement . (related document(s) 44 ) Filed by all plaintiffs. (pvh, ) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

46

Affidavit of Jeffrey P. Foote . (related document(s) 44 ) Filed by all plaintiffs. (pvh, ) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

47

Notice of Pendency and Settlement of Class Action. Signed 02/26/01 by Judge Garr M. King. (related document(s) 44 ) (pvh, ) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

48

Order Granting Motion for Preliminary Approval of Proposed Settlement; Directing Notice to the Class; and Scheduling Fairness Hearing on Final Approval. The fairness hearing for final approval of the Settlement Agreement in set for May 21, 2001, at 2:30 p.m. before the Honorable Garr M. King. (Related Doc # 44 ). Signed 02/26/01 by Judge Garr M. King. (pvh, ) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

49

Record of Order by Judge Garr M. King: Stay is lifted. Pretrial Order due by 8/31/2001. Plaintiff shall file any summary judgment motionss by 7/23/2001. (ecp, ) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

50

Response to Motions for Certification of Settlement Class and Preliminary Approval of Settlement . (related document(s) 44 ) Filed by all defendants. (pvh, ) (Entered: 03/02/2001)

Feb. 28, 2001

Feb. 28, 2001

51

Notice /Statement of Non−Opposition to Approval of Settlement and Certification of Settlement Class . (related document(s) 44 ) Filed by all plaintiffs. (pvh, ) (Entered: 05/10/2001)

May 7, 2001

May 7, 2001

52

Response by State Defendant's to Motion for Final Approval of Settlement Agreement . (related document(s) 44 ) Filed by Stan Bunn, Wayne Feller, Oregon Department of Education. (pvh, ) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

53

Affidavit of Steven B. Johnson . (related document(s) 44 ) Filed by Stan Bunn, Wayne Feller, Oregon Department of Education. (pvh, ) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

55

Record of Order by Judge Ann Aiken: Settlement Conference set for 6/11/2001 at 01:30PM in Eugene. (lm, ) (Entered: 05/22/2001)

May 22, 2001

May 22, 2001

56

Order Granting Final Approval of Proposed Settlement. Signed 05/22/01 by Judge Garr M. King. (related document(s) 44 ) (pvh, ) (Entered: 05/23/2001)

May 22, 2001

May 22, 2001

57

Record of Order by Judge Garr M. King: Setting a telephone conference, Wednesday, May 30, 2001 at 10:15 a.m. to discuss the proposed judgment. (ecp, ) (Entered: 05/29/2001)

May 29, 2001

May 29, 2001

58

Record of Order by Judge Garr M. King: Court Reporter: Dennis Grube (ecp, )ORDER: Parties will contact the Court after conferring on different possible resolutions. (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

59

Record of Settlement Conference before Judge Ann Aiken: Case settles. Ordered Clerk enter 60 day order of dismissal. Court Reporter: Kristi Anderson (lm, ) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

60

Order of Dismissal by Clerk. Signed 6/11/01 (lm, ) (Entered: 06/11/2001)

June 11, 2001

June 11, 2001

61

Judgment: FRCP 54(b). Signed 06/11/01 by Judge Garr M. King. (related document(s) 60 , 59 ) (pvh, ) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

62

Stipulated Judgment of Dismissal. Pursuant to Fed. R. Civ. P. 41 and the stipulation of the parties, it is hereby Ordered and Adjudged that the claim regarding separate CIMs that is excluded from the release in Section IIIE.4 of the Settlement Agreement and the judgment previously entered herein, is hereby dismissed without prejudice. Signed 08/09/01 by Judge Garr M. King. (pvh, ) Modified on 8/10/2001 (pvh, ). (Entered: 08/10/2001)

Aug. 9, 2001

Aug. 9, 2001

Case file sent to Federal Records Center in Seattle, WA for storage. Accession number: 21−03−0030, Box number: 107 of 454, Location number: 1049179. (dls, ) (Entered: 01/21/2003)

Jan. 21, 2003

Jan. 21, 2003

Case Details

State / Territory: Oregon

Case Type(s):

Education

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):

Private Plaintiff

Attorney Organizations:

Public Justice

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):

Elementary/Secondary School

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:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Individualized planning

Special education

Disability:

disability, unspecified

Type of Facility:

Government-run