OREGON ENV. COUNCIL v. STATE BD. OF ED.

IEB 11-1986; CA A39946; SC S34337.

761 P.2d 1322 (1988)

307 Or. 30

OREGON ENVIRONMENTAL COUNCIL, an Oregon Nonprofit Corporation, and Portland Audubon Society, Petitioners On Review, v. OREGON STATE BOARD OF EDUCATION AND THE OREGON STATE TEXTBOOK COMMISSION, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided September 30, 1988.


Attorney(s) appearing for the Case

Allen L. Johnson, Eugene, argued the cause and filed the petition and brief in response to questions from the Court for petitioners on review.

Jerome S. Lidz, Asst. Atty. Gen., Salem, argued the cause for respondents on review. With him on the memorandum in response to questions from the Court were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


GILLETTE, Justice.

The Oregon Environmental Council and the Portland Audubon Society seek to overturn a decision of the State Board of Education (Board) approving a textbook, Get Oregonized, for use in Oregon's public elementary schools. The issue is whether the Board's decision is a rule or an order and, if an order, whether in a contested case or otherwise. The answer implicates, among other things, the scope of...

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