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WEST v. DERBY UNIFIED SCHOOL DIST. NO. 260

No. 98-3247.

206 F.3d 1358 (2000)

Terry WEST, individually and as guardian of a minor, T.W.; T.W., a minor, Plaintiffs-Appellants, v. DERBY UNIFIED SCHOOL DISTRICT NO. 260, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 21, 2000.

Attorney(s) appearing for the Case

Jason M. Sneed of Lathrop & Gage L.C., Overland Park, Kansas, for Plaintiffs-Appellants.

Jeffrey L. Griffith of Griffith & Griffith (M. Kathryn Webb and Richard J. Liby of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, Kansas, with him on the brief), Derby, Kansas, for Defendant-Appellee.

Robert L. Hawkins, III of Hawkins Law Offices, Jefferson City, Missouri, filed an Amicus Curiae Brief for Sons of Confederate Veterans, Inc., in support of Plaintiffs-Appellants.

Julie Underwood of National School Boards Association, Alexandria, Virginia, and Cynthia Lutz Kelly of Kansas Association of School Boards, Topeka, Kansas, filed an Amicus Curiae Brief in support of Defendant-Appellee.

Before BALDOCK, McWILLIAMS, and ANDERSON, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant Derby Unified School District # 260 is a school district in Sedgwick County, Kansas, responsible for operating Derby Middle and High Schools. In response to incidents of racial tension between black and white students at Derby High School during 1995, the school district adopted a "Racial Harassment and Intimidation" policy which provides in relevant part:

District employees and student(s) shall not racially harass or intimidate...

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