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TUNSTALL EX REL. TUNSTALL v. BERGESON

No. 67448-5.

5 P.3d 691 (2000)

141 Wash.2d 201

Sunsirae TUNSTALL, a minor, by and through her mother, Tanya TUNSTALL; Phillip Krist, a minor, by and through his grandmother and legal guardian, Frances Krist; Jeffery Coats, a minor by and through his mother, Terry Walker; Minh Thach, a minor, by and through his mother, Sopinh Thach; Jimi Hamilton; Darick Arndt; Dale Barr; and Daniel Lozano, on behalf of themselves and others similarly situated, Respondents/Cross-Appellants, v. Teresa BERGESON, Superintendent of Public Instruction; and Joseph Lehman, Secretary, Department of Corrections, Appellants/Cross-Respondents, and Shelton School District No. 309; Peninsula School District No. 401; Cheney School District No. 360; Cape Flattery School District No. 401; Steilacoom Historical School District No. 1; Walla Walla School District No. 140; Monroe School District No. 103; and Their predecessors, successors, and assigns, Cross-Respondents.

Supreme Court of Washington, En Banc.

Decided July 27, 2000.

Attorney(s) appearing for the Case

Andrea Devine Orth of Garvey, Schubert & Barer, Seattle, Amicus Curiae on behalf of American Civil Liberties Union of Washington; Arc of Washington State; The Children's alliance; The Juvenile Law Center; People First of Washington; The Sentencing Project; TeamChild; Washington Coalition of Citizens with Disabilities; Washington State Catholic Conference; Washington State Special Education Coalition; The Faculty of Western Washington University's Woodring College of Education, Department of Special Education; The Youth Law Center; Osa Coffey, Ph.D.; Barry Krisberg, Ph. D.; Peter E. Leone, Ph.D.; Robert B. Rutherford Jr., Ph.D.

Christine Gregoire, Attorney General, Lisa Leann Sutton, Asst., Heather Klein, Asst., Thomas Young, Asst., Olympia, for Appellants.

Columbia Legal Services, Patricia J. Arthur, Seattle, David C. Fathi, Washington, DC, Heller, Ehrman, White & McAuliffe, Patricia H. Wagner, Angela M. Niemann, Seattle, Vandeberg, Johnson & Gandara, William A. Coats, Tacoma, Michael A. Patterson, Philip B. Greenan, Karen Adell Kalzer, Seattle, for Respondents.

IRELAND, J.

This case comes to the court on direct review from the trial court's summary judgment rulings. Plaintiffs (hereinafter "inmates"), a class of persons incarcerated in Washington State prisons who are either under 21 years of age, or disabled and under 22 years of age, brought suit concerning their right to education against Teresa Bergeson, the Washington State's Superintendent of Public Instruction, Joseph Lehman...

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