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STEWART v. SALEM SCHOOL DIST. 24J

No. A25956.

670 P.2d 1048 (1983)

65 Or.App. 188

In the matter of Dana STEWART by and through His Parent Carlene Stewart, Petitioner, v. SALEM SCHOOL DISTRICT 24J AND DEPARTMENT OF EDUCATION OF THE STATE OF OREGON, Respondents.

Court of Appeals of Oregon.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Steve Brischetto, Oregon Developmental Disabilities Advocacy Center, Portland, argued the cause for petitioner. With him on the brief was Suzie Harris, Law Student, Portland.

Ronald J. Knox, Salem, argued the cause for respondent Salem School Dist. 24J. With him on the brief was Paulus & Callaghan, Salem.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Educ. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., Salem, and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Petitioner, mother of a four and one-half year-old resident speech- and language-impaired child, filed a complaint against the Salem School District (district) with the Department of Education (department). OAR 581-01-010. Mother alleged that the district had denied her son a "free appropriate public education" because of his age in violation of state and federal statutes. Mother asked the department to order the district to provide speech therapy for...

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