Court of Appeals of Oregon July 15, 2009, FDA0502; A133611 (Waisanen v. Clatskanie School District 6J)

EDMONDS, P. J.,

concurring.

I agree with the majority’s reasoning and conclusions regarding the second and third assignments of error, and I write separately to express my understanding of the gist of petitioner’s first assignment of error and how I would decide it.

In his first assignment of error, petitioner makes the following assertions:

“A.