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WALKER v. SAN FRANCISCO UNIFIED SCHOOL DIST.

Nos. 92-15977, 92-15979, 92-15982, 92-15983 and 92-15985.

46 F.3d 1449 (1995)

Albert C. WALKER; Roberta M. Walker; John C. Soso; Jacklyn C. Soso; Margaret Smith; Alyce Crosdale; Betty Sands, Plaintiffs-Appellees, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, Defendant, and United States Department of Education; Lamar Alexander, in his official capacity as Secretary of Education, Defendants-Intervenors-Appellants. Albert C. WALKER; Roberta M. Walker; John C. Soso; Jacklyn C. Soso; Margaret Smith; Alyce Crosdale; Betty Sands, Plaintiffs-Appellees, v. BOARD OF EDUCATION OF the SAN FRANCISCO UNIFIED SCHOOL DISTRICT, CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA; Ramon Cortines, Superintendent of Schools, San Francisco Unified School District; San Francisco Unified School District, Defendants-Appellants. Albert C. WALKER; Roberta M. Walker; John C. Soso; Jacklyn C. Soso; Margaret Smith; Alyce Crosdale; Betty Sands, Plaintiffs-Appellees, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, Defendant, and Deborah Martin; Jacob Perea; Barbara Perea, Defendants-Intervenors-Appellants. Albert C. WALKER; Roberta M. Walker; John C. Soso; Jacklyn C. Soso; Margaret Smith; Alyce Crosdale; Betty Sands, Plaintiffs-Appellees, v. William HONIG, as California Superintendent of Public Instruction; California Department of Education; California State Board of Education, Defendants-Appellants, and San Francisco Unified School District, Defendant. Albert C. WALKER; Roberta M. Walker; John C. Soso; Jacklyn C. Soso; Margaret Smith; Alyce Crosdale; Betty Sands, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the SAN FRANCISCO UNIFIED SCHOOL DISTRICT; San Francisco Unified School District, City and County of San Francisco, State of California; Ramon Cortines, Superintendent of Schools, San Francisco Unified School District, Defendants-Appellees, United States Department of Education; Deborah Martin; Lamar Alexander, in his official capacity as Secretary of Education; Jacob Perea; Barbara Perea, Defendants-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

Lee Boothby, Washington, DC, for plaintiffs-appellees-appellants.

Kevin T. Baine, Williams & Connolly, Washington, DC, for defendants-intervenors-appellants-cross-appellees, Perea, Martin.

Jonathan R. Siegel (argued) Howard S. Scher (on the briefs), U.S. Dept. of Justice, Washington, DC, for defendant-intervenor-appellant-appellee, Dept. of Ed.

Before: TANG, TROTT, and FERNANDEZ, Circuit Judges.

Opinion by Judge TANG; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

TANG, Senior Circuit Judge:

This appeal involves the provision of public educational services to parochial school students under Chapters 1 and 2 of the Education Consolidation and Improvement Act of 1981 (ECIA), as amended 20 U.S.C. § 2701, et seq. (1988).1

In 1985, the Supreme Court held that public school districts violated...

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