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KERR CENTER PARENTS ASS'N v. CHARLES

Civ. No. 82-1123FR.

581 F.Supp. 166 (1983)

KERR CENTER PARENTS ASSOCIATION; Jasen Richardson, by and through his parent Candace Richardson; Matthew Hasek, by and through his legal guardian Barbara Hasek; Joseph Barrett, by and through his parent Robert Barrett, Plaintiffs; v. Donald CHARLES; Karen Roach; Verne Duncan; the Lake Oswego School District; the Children's Services Division; and the Oregon Department of Education, Defendants. Donald CHARLES, the Lake Oswego School District, and Nancy G. Klinger, Third Party Plaintiffs, v. CENTENNIAL # 28J, Portland # 1J, Beaverton # 48J, Bend # 31, Springfield # 19, Eugene # 4J, Pine Eagle # 61, Canby # 86C, Greater Albany # 8J, Missoula County High School, Karen Roach, the Children's Services Division, Verne Duncan, Oregon Department of Education, Leo T. Hegstrom, and the Department of Human Resources, Third Party Defendants.

United States District Court, D. Oregon.

December 21, 1983.

Attorney(s) appearing for the Case

Stephen Brischetto, Oregon Developmental Disabilities Advocacy Center, Portland, Or., for plaintiffs.

Chris Mullmann, James L. Dumas, Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland, Or., for Lake Oswego School Dist.

Dave Frohnmayer, Atty. Gen., Robert W. Muir, Asst. Atty. Gen., Dept. of Justice, Salem, Or., for Children's Services Div. and Dept. of Educ.

Graham Hicks, Miller, Nash, Yerke, Wiener & Hager, Portland, Or., for Portland No. 1J and Beaverton No. 48J.

Robert Dressler, Portland, Or., for Centennial School Dist. No. 28J.

FRYE, Judge:

On September 6, 1983, this court entered an Opinion and Order declaring that:

1. State defendants and in particular the Oregon Department of Education are in violation of 20 U.S.C. § 1401, et seq. for failure to insure that these plaintiffs will receive free appropriate public educations. 2. Defendant Lake Oswego School District is not in violation of 20 U.S.C. § 1401, et seq. because it has no legal responsibility under Oregon...

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