FLORES v. HUPPENTHAL

No. 13-15805.

789 F.3d 994 (2015)

Miriam FLORES, individually and as a parent of Miriam Flores, minor child; Rosa Rzeslawski, individually and as parent of Mario Rzeslawski, minor child, Plaintiffs-Appellants, v. John HUPPENTHAL, Superintendent of Public Instruction of the State of Arizona; State of Arizona, Defendants-Appellees, Speaker of the Arizona House of Representatives and President of the Arizona Senate, Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2015.


Attorney(s) appearing for the Case

Timothy M. Hogan (argued), and Joy E. Herr-Cardillo , Arizona Center for Law in the Public Interest, Phoenix, AZ, for Plaintiffs-Appellants.

Melissa Iyer (argued), and Michael Dulberg , Burch & Cracchiolo, P.A., Phoenix, AZ, for Defendants-Appellees.

Thomas C. Horne , Attorney General, Leslie Kyman Cooper and Jinju Park , Assistant Attorneys General, Phoenix, AZ, for Defendants-Appellees State of Arizona and members of the Arizona State Board of Education in their official capacity.

David J. Cantelme (argued), D. Aaron Brown , and Samuel Saks , Cantelme & Brown, P.L.C., Phoenix, AZ, for Intervenors-Appellees.

Jocelyn Samuels , Acting Assistant Attorney General, Dennis J. Dimsey and Erin H. Flynn , Attorneys, United States Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Amicus Curiae United States.

Opinion by Judge MILAN D. SMITH, Jr.; Concurrence by Judge FRIEDLAND.


OPINION

Plaintiffs-Appellants are a class of English Language Learners (ELLs) and their parents (the Flores Plaintiffs) in Nogales Unified School District (Nogales). They appeal from the district court's order granting the Superintendent of Public Instruction for the State of Arizona, the State of Arizona, the...

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