On June 6, 2025, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in J.N. v. Oregon Department of Education , a case in which several advocacy organizations—including COPAA—have sought to end the State of Oregon’s longstanding systematic failures that have effectively denied students with disabilities the right to a full day of school. This case was first brought in the U.S. District Court for the District of Oregon in 2019 as a federal class action lawsuit on behalf of students with disabilities being subjected to shortened school days; COPAA is also a plaintiff.  The plaintiffs are represented by the National Center for Youth Law, Disability Rights Oregon, COPAA, the Bazelon Center for Mental Health Law, and McDermott Will & Emery LLP.  COPAA Legal Director Selene Almazan is one of the attorneys on the case.

Richard D. Salgado of McDermott Will & Emery LLP in Dallas, Texas, argued the case before the Ninth Circuit.  You can watch the recording of last week’s oral argument here. 

Despite hundreds of students with disabilities in Oregon still being subjected to discrimination and shortened school days, the federal district court dismissed the case as moot in 2024, citing the passage of an Oregon state law that only partially addressed the problem of shortened school days for children with disabilities across the state. While the new law and new policies adopted by the Oregon Department of Education reflect positive steps, they do not remedy the systematic failures that led to the lawsuit. Because many students with disabilities in the state are still experiencing the harm of shortened school days and there is still much relief that can be granted by the district court, COPAA and its fellow plaintiffs argued on appeal that this case is not moot and that the Ninth Circuit should reverse the federal district court’s decision and remand the case for further proceedings. 

You can read the briefs submitted to the Ninth Circuit by the plaintiffs and amici:

Opening Brief of Plaintiffs-Appellants 

Plaintiffs-Appellants’ Reply Brief

Amicus Brief in Support of Plaintiffs-Appellants by Law Professors Adam M. Samaha, Erwin Chemerinsky, and Helen Hershkoff

Amicus Brief in Support of Plaintiffs-Appellants by Public Counsel, Education Law Center, National Disability Rights Network, National Down Syndrome Congress, and Former United States Department of Education Officials Responsible for Special Education Policy Stephanie Smith Lee, Madeleine Will, Michael Yudin, and Robert Pasternack

Amicus Brief in Support of Plaintiffs-Appellants by the Disability Rights Education and Defense Fund, the East Bay Community Law Center, et al.

Amicus Brief in Support of Plaintiffs-Appellants by the American Civil Liberties Union