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BLOUNT-HILL v. ZELMAN

No. 09-3952.

636 F.3d 278 (2011)

Beverly BLOUNT-HILL; Marcia D. Connors; Patricia Lynch, President, Dayton Education Association, OEA/NEA; Stacey Range; Kevin Range, Plaintiffs-Appellees, v. Susan Tave ZELMAN; State of Ohio, Board of Education; State of Ohio Department of Education, Defendants-Appellees, v. Hope Academy Northwest Campus; Sharonda Perkins; Jessica Velasquez; Anthony Robinson; Jennifer Robinson, Intervenors-Appellants.

United States Court of Appeals, Sixth Circuit.

February 16, 2011.

Attorney(s) appearing for the Case

ON BRIEF: John B. Schomer , Donald W. Davis, Jr. , Brennan, Manna & Diamond, LLC, Akron, Ohio, for Appellants. William J. Steele , Sue A. Salamido , Cloppert, Latanick, Sauter & Washburn, Columbus, Ohio, Todd R. Marti , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.

CLAY, J., delivered the opinion of the court, in which KENNEDY, J., joined. KETHLEDGE, J. (pp. 288-89), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

HOPE Academy Northwest Campus ("Hope Northwest"), a community school in Cleveland, Ohio; Sharonda Perkins, a social worker and mother of a student at HOPE Northwest; Jessica Z. Velasquez, the mother of a first grade student at HOPE Northwest; and Anthony and Jennifer Robinson, the parents of three students at HOPE Northwest (collectively, "proposed Intervenors"), appeal the district...

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