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RENEE v. DUNCAN

No. 08-16661.

623 F.3d 787 (2010)

Sonya RENEE; Candice Johnson, a minor, by Sonya Renee, her guardian ad litem; Maribel Heredia; Jose Aldana, a minor, by Maribel Heredia, his guardian ad litem; B. Doe, a minor, by N. Doe, her guardian ad litem; Mariel Rubio; Danielle Rubio, a minor, by Mariel Rubio, her guardian ad litem; Stephanie Rubio, a minor, by Mariel Rubio, her guardian ad litem; Guadalupe Gonzalez; Daisy Gonzalez, a minor, by Guadalupe Gonzalez, her guardian ad litem; Jazmine Johnson, a minor, by Deanna Bolden, her guardian ad litem; Adriana Ramirez, a minor, by Arcelia Trinidad Ramirez, her guardian ad litem; Jane Doe, a minor, by John Doe, her guardian ad litem; Californians for Justice Education Fund; California Association of Community Organizations for Reform Now, Plaintiffs-Appellants, v. Arne DUNCAN, in his official capacity; United States Department of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2010.

Attorney(s) appearing for the Case

John T. Affeldt and Tara Kini , Public Advocates, Inc., San Francisco, CA, for the plaintiffs-appellants.

Alisa B. Klein , United States Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.

Lisa A. Davis , Wilson Sonsini Goodrich & Rosati P.C., Palo Alto, CA, for The National Coalition of ESEA Title I Parents, Inc., et al., as amicus curiae.

Donald B. Verilli, Jr. , Jenner & Block LLP, Washington, D.C., for Teach for America, et al., as amicus curiae.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge TALLMAN.

ORDER

This court's opinion filed July 23, 2009, and reported at 573 F.3d 903, is withdrawn and is replaced by the attached Opinion and Dissent.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc, filed August 25, 2009, is DENIED.

OPINION

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