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DOWLER v. CLOVER PARK SCHOOL DIST. NO. 400

No. 84048-2.

258 P.3d 676 (2011)

172 Wn.2d 471

Mitch DOWLER and In Cha Dowler, individually and as limited guardian ad litem for Nam Su Chong; Kathleen Davis, individually and as limited guardian for Zachary Davis and Alexias Davis; Nicole Schueneman-Dobrinski, individually and as limited guardian ad litem for Conner Schueneman; Melanie Stevens, individually and as limited guardian ad litem for Vance Stevens; Derrick and Judith Vollmer, individually and Judith Vollmer as limited guardian ad litem for Josh Vollmer; and William Stephen Sullivan and Yolanda Sullivan, individually, and William Stephen Sullivan, as limited guardian ad litem for Stephanie Sullivan, and Jeanette Moye and Anthony Moye, as limited guardian ad litem for Ralshodd Moye, and Lisa Titchell, individually and as limited guardian ad litem for Christina Eschevarria, Appellants, v. CLOVER PARK SCHOOL DISTRICT NO. 400, Respondent.

Supreme Court of Washington, En Banc.

Decided August 25, 2011.

Attorney(s) appearing for the Case

Philip Albert Talmadge , Emmelyn Hart , Talmadge/Fitzpatrick, Tukwila, WA, Thaddeus Phillip Martin IV , Attorney at Law, Lakewood, WA, for Appellants.

William a Coats , Henry Andrew Saller, Jr. , Daniel C. Montopoli , Attorneys at Law, Tacoma, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Seattle WA, amicus counsel for ACLU and Washington Employment Lawyers Association.

Allan Kirk Arkley Marson , Mountain View, CA, Erin McCloskey Maus , Keith L. Wurster , Angela C. Vigil , Amanda T. Kotte , Melinda Laine , Baker & McKenzie, LLP, Palo Alto, CA, amicus counsel for Council of Parent Attorneys and Advocates.

Heather Lynn McKimmie , Disability Rights Washington, Christopher M. Henderson , Dussault Law Group, Seattle, WA, amicus counsel for Disability Rights Washington and The Arc of Washington State.

Karen Helena Simmonds , Laura Kristine Clinton , Charles A. Chavez , K&L Gates, LLP, Seattle, WA, amicus counsel for Washington Schools Risk Management Pool.

Bryan Patrick Harnetiaux , Spokane, WA, George M. Ahrend , Ahrend Law Firm, PLLC, Moses Lake, WA, amicus counsel for Washington State Association for Justice Foundation.

J.M. JOHNSON, J.

¶ 1 Ten special education students and their parents and guardians (Appellants) sued Clover Park School District (Clover Park) for intentional torts, outrage, negligence, and unlawful discrimination under chapter 49.60 RCW. Clover Park moved for a summary judgment dismissing Appellants' claims, arguing that Appellants had not exhausted the administrative remedies available under the Individuals with Disabilities Education Act (IDEA).

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