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ELLIS v. DEPT. OF EDUCATION

95C13750, 95CV0536MS; CA A93745 (Control), CA A93979.

967 P.2d 912 (1998)

157 Or. App. 92

Frank J. ELLIS and David J. Fiore, Appellants, v. OREGON DEPARTMENT OF EDUCATION, Respondent. Frank J. ELLIS, David J. Fiore, and Vernon Frost, Appellants, v. Terry RAHMSDORFF, Bill Chase, Sue Hillesland, John Hopper, Jan Lachapelle, Roy Silfven, And William Worrell, In Their Official And Individual Capacities, And Bend-Lapine Administrative School District No. 1, Respondents, State of Oregon, By and Through its Department of Education, Intervenor-Respondent.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Monica A. Smith and Paul B. Gamson, Portland, argued the cause for appellants. With them on the briefs was Smith, Gamson, Diamond & Olney.

Michael D. Reynolds, Assistant Solicitor General, argued the cause for respondent Oregon Department of Education and intervenor-respondent State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Donna M. Cameron and Miller, Nash, Wiener, Hager & Carlsen, Portland, filed the brief for respondents Terry Rahmsdorff, Bill Chase, Sue Hillesland, John Hopper, Jan La-Chapelle, Roy Silfven, and William Worrell.

Neil R. Bryant, Bend, argued the cause for respondent Bend-LaPine Administrative School District No. 1. With him on the brief were John D. Sorlie and Bryant, Lovlien & Jarvis.

Before LANDAU, P.J., DEITS, C.J., and ARMSTRONG, J.

LANDAU, Presiding Judge.

At issue in these two consolidated cases is the lawfulness of the registration and funding of the Bend Community School (BCS) as a private "alternative" education program. In the first case (CA A93745), filed in Marion County, plaintiffs Ellis and Fiore seek judicial review of a final order of the Oregon Department of Education (DOE) approving an application of BCS to register as a private alternative education program and declaring BCS to...

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