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WALTER v. OREGON BD. OF EDUC.

A161646.

457 P.3d 288 (2019)

301 Or. App. 516

Jennifer K. WALTER, Petitioner, v. OREGON BOARD OF EDUCATION, Respondent, and, The Confederated Tribes of Siletz Indians of Oregon, a federally-recognized Indian tribe, Intervenor-Respondent.

Court of Appeals of Oregon.

December 26, 2019.

Attorney(s) appearing for the Case

Jennifer K. Walter filed the briefs for petitioner pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Inge D. Wells , Assistant Attorney General, filed the brief for respondent Oregon Board of Education.

Craig J. Dorsay , Lea Ann Easton , and Dorsay & Easton LLP filed the brief for respondent The Confederated Tribes of Siletz Indians of Oregon.

Kimberly D'Aquila and Holly Partridge filed the brief amicus curiae for the Confederated Tribes of The Grand Ronde Community of Oregon.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

This is a petition under ORS 183.400 challenging the validity of OAR 581-021-0047 (2016), an administrative rule promulgated by the State Board of Education (board). The challenged rule implemented 2014 legislation authorizing district school boards to

"[e]nter into an approved written agreement with the governing body...

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