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MAHONEY v. ADMINISTRATIVE SCHOOL DIST. NO. 1

CA No. 13417.

601 P.2d 826 (1979)

42 Or.App. 665

Michael MAHONEY and Barbara Mahoney, Husband and Wife, Petitioners, v. ADMINISTRATIVE SCHOOL DISTRICT NO. 1 and Department of Education, Respondents.

Court of Appeals of Oregon.

Decided October 22, 1979.

Attorney(s) appearing for the Case

Daniel J. Gatti, Salem, argued the cause for petitioners. With him on the brief was Gatti, Ward & Gatti, Salem.

Lyman C. Johnson, Bend, argued the cause for respondent Administrative School Dist. No. 1. With him on the brief was Panner, Johnson, Marceau, Karnopp, Kennedy & Nash, Bend.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent Dept. of Ed. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

LEE, Justice.

Petitioners are the parents of a mentally retarded minor child. After a relatively brief period of attending one of the public schools operated by the respondent school district, the child was enrolled in the Shangri-La School, a private facility which offers a year-round program of education and related services for trainable mentally retarded persons. Petitioners brought this proceeding pursuant to former ORS 343.077,1...

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